Last updated: December 5, 2023
Key Terms
Second Hand Smoke (or similar term)
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “second hand smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 15.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
Smoking: means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments.
This definition does not align with the definition of “smoking” in FCTC Art. 8 Guidelines para. 17, which provides that being in possession or control of a lit tobacco product constitutes smoking regardless of whether the smoke is inhaled or exhaled.
A definition of "smoking" or “smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 17.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
Public place (from COTPA): means any place to which the public has access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by the general public but does not include any open space.
Public place (from G.S.R. 417(E)): defined in Section 3(l) of the Act [COTPA] shall also include work places, shopping malls, and cinema halls.
This definition does not align with the definition of “public place” as provided in FCTC Art. 8 Guidelines para. 18. Lists of public places covered by the smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples. Additionally, lists of public places where smoking is banned should not be necessary if broad definitions of “indoor” or “enclosed,” “workplace,” and “public place” provided in the FCTC Art. 8 Guidelines are used.
Moreover, this definition is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it appears to exclude temporary structures.
A definition of “public place” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
Smoking is prohibited in public places, which include workplaces.
Having no definition for this key term, however, makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “workplace” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
In the definition of “public place,” the term “public conveyances” is used but “public conveyances” is not further defined. Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “public transport” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 22.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
Tobacco products: means the products specified in the Schedule.
The Schedule specifies: cigarettes; cigars; cheroots; beedis; cigarette tobacco, pipe tobacco, and hookah tobacco; chewing tobacco; snuff; pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called); gutka; tooth powder containing tobacco.
Although the definition includes an extensive list of tobacco products, it is not as comprehensive as the definition of “tobacco products” provided in FCTC Art. 1(f).
A definition of “tobacco products” should be provided in accordance with the definition supplied by FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
Open Space
Open space: mentioned in Section 3(l) of the Act [definition of "public place," COTPA] shall not include any place visited by the public such as open auditorium, stadium, railway station, bus stop and such other places.
Although “open space” is defined, there do not appear to be any regulations that prohibit smoking in open spaces.
Smoking Area or Space
Smoking area or space: mentioned in the proviso to Section 4 of the Act [COTPA] shall mean a separately ventilated room that: (i) is physically separated and surrounded by full height walls of all four sides; (ii) has an entrance with an automatically closing door normally kept in close position; (iii) has an air flow system, as specified in schedule I; (iv) has negative air pressure in comparison with the rest of the building.
The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines because it provides for smoking areas.
This definition and the provisions for smoking areas or spaces preclude the government from fulfilling its FCTC Art. 8 obligation to provide effective measures for the protection of the public and workers from exposure to tobacco smoke.
In order to meet FCTC Art. 8 and the FCTC Art. 8 Guidelines, the government should require 100% smoke free indoor environments, at a minimum, rather than providing for smoking areas or spaces.
