delay tactics?

New Delhi, Sept. 24: Petitions by India’s tobacco and hotel industries challenging the Centre’s notifications to ban smoking in public and private offices are intended to delay enforcement of the order, consumer and health activists said today.

New anti-tobacco regulations notified by the Centre to come into effect from October 2 will outlaw smoking in all workplaces, shopping centres, cinema halls, hotels and restaurants with seating capacity of less than 30.

ITC Ltd, which has approached Delhi High Court against the notification, today contended that the government had no power to take such a decision. Senior advocate Soli Sorabjee, appearing for the company, said the act under which the notification was issued has been stayed by Madras High Court.

“When the act has already been stayed, where is the question of framing rules under the law? After the Madras High Court interim order staying the operation of the law, the government has no power under the law,” he told a bench headed by Justice Vikramjit Sen.

Sorabjee argued that the smoking ban at workplaces was unjustified as it would include private offices like a lawyer’s chamber and an artist’s studio.

“Private offices cannot be called public places as these are not accessible to the general public,” he said, pleading that the government be directed not to take coercive action against the company.

The Centre, however, opposed the plea saying its petition challenging the Madras High Court order is to be heard by the Supreme Court on September 29. It submitted that the ITC’s petition should be heard after the date.

The court then deferred the hearing till September 30.

Two other separate petitions, including one by the Indian Hotels Association, have challenged the May 2008 notification issued by the health ministry that also prohibits ashtrays and matchboxes in restaurants.

“I would not be able to organise a candlelight dinner. I cannot even place matchboxes on our premises in case of power breakdown,” senior advocate Sandeep Sethi, appearing for the association, said.

A legal expert assisting the health ministry told The Telegraph that the government would “fight tooth and nail to get the petitions dismissed”.

“One of the issues that has been raised is that public health is a state matter. But the Parliament is empowered to legislate on issues relating to tobacco and on issues relating to public health,” the expert said.

Health and consumer activists said they were not surprised by the industry moves.

“The industry is trying all tactics to derail enforcement of the new rules,” said Bejon Misra of Consumer Voice, a New Delhi-based organisation. “Many other countries have enforced similar laws for the safety of consumers.”