LANGUAGE
Last updated: March 7th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places including workplaces, but permits the establishment of smoking areas or spaces in airports, hotels having 30 or more rooms, and restaurants having seating capacity for 30 or more (although service is not permitted). Because the law does not provide for 100% smoke free indoor workplaces and public places, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places, but permits the establishment of smoking areas or spaces in airports, hotels having 30 or more rooms, and restaurants having seating capacity for 30 or more (although service is not permitted). Because the law does not provide for 100% smoke free indoor workplaces and public places, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if the prohibition includes all public transport. We, however, interpret “public conveyances” to include all public means of transportation. The Railways Act of 1989 additionally prohibits smoking in trains if objected to by another passenger and confers authority on the railway administration to prohibit smoking in any train or a part of a train. As we interpret public transport to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public offices, court buildings, libraries, and educational institutions. (Although the law permits the establishment of smoking areas or spaces in airports, airport and other public transport terminals are analyzed separately in this review.) The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines as it relates to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including hospital buildings. As hospitals are 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including hospital buildings and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address the public areas of residential healthcare facilities, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including hospital buildings and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address non-residential healthcare facilities, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including educational institutions and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit childcare facilities/preschools from the law and because the law does ban smoking in educational institutions, we interpret childcare facilities/preschools to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including educational institutions and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit primary and secondary schools from the law and because the law does ban smoking in educational institutions, we interpret primary and secondary schools to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including educational institutions and workplaces. Further, there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit universities/vocational facilities from the law and because the law does ban smoking in educational institutions, we interpret universities/vocational facilities to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including shopping malls, workplaces, and places visited by the general public, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address stores, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

In practice, however, we understand that members of the public often smoke in stores, and the government does not always enforce the law in these places.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including auditoriums, amusement centers, libraries, workplaces, and places visited by the general public, and there are no specific exceptions for smoking areas in these places. (Exceptions are made for airports, and some hotels and restaurants). Although the definition of “public place” does not explicitly include cultural facilities, we consider such facilities as “places visited by the general public.” Cultural facilities accordingly would fall within the definition of public places and must be smoke free.

Because the law provides for 100% smoke free cultural facilities, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including auditoriums and places to which the public have access, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address indoor stadiums/arenas, we interpret them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Restaurants

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places including restaurants. The law further provides, however, that in restaurants having a seating capacity of 30 persons or more, a separate provision for a smoking area or space may be made. Service is not permitted in the smoking area.

Because the law does not provide for 100% smoke free restaurants, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all restaurants to be 100% smoke free.

Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places including restaurants. Further, the definition of restaurant in G.S.R. 417(E) Sec. 2(b) includes “discotheques, . . . pubs, bars, . . . and the like.” The law provides, however, that in restaurants having a seating capacity of 30 persons or more, a separate provision for a smoking area or space may be made. Service is not permitted in the smoking area.

Because the law does not provide for 100% smoke free bars, pubs, and nightclubs, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all bars, pubs and nightclubs to be 100% smoke free.

Casinos

Not Applicable
The listed place does not exist in the country.
Analysis

We understand that there are no casinos in India.

Hotels/lodging - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places but provides that in hotels having more than 30 rooms, a separate provision for a smoking area or space may be made.

Because the law does not provide for 100% smoke free hotels, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotels to be 100% smoke free.

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places but provides that in hotels having more than 30 rooms, a separate provision for a smoking area or space may be made. The owner of manager of a hotel is permitted to set aside guest rooms where smoking is permitted, provided that the rooms are in a separate section on the same floor(s) or wing(s), have signs indicating that smoking is permitted, and are separately ventilated.

Because the law does not provide for 100% smoke free hotels, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotels, including guest rooms, to be 100% smoke free.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public offices and places to which the public has access, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address the public areas of prisons/detention facilities, we interpret them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes trains, buses, and other shared ground transportation. We, however, interpret public conveyances to include such means of transportation. The Railways Act of 1989 additionally prohibits smoking in trains if objected to by another passenger and confers authority on the railway administration to prohibit smoking in any train or a part of a train. As we interpret trains, buses, and other shared ground transportation to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes taxis. We, however, interpret public conveyances to include this means of transportation. As we interpret taxis to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public conveyances. The term, “public conveyances,” is undefined, however, making it difficult to determine if it includes commercial aircraft. We, however, interpret public conveyances to include this means of transportation. As we interpret commercial aircraft to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes commercial watercraft. We, however, interpret public conveyances to include this means of transportation. As we interpret commercial watercraft to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in many public places including railway waiting rooms, but permits the establishment of smoking areas or spaces in airports. Because the law does not provide for 100% smoke free public transport facilities, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.