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NO BAN’S LAND

The nation banned smoking in public places from October 2 and the prohibition looks effective so far. But Bengal had banned smoking as early as 2001 with the West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-Smokers and Minors Act, 2001, formalised in 2003. After the environment department tried to seriously enforce the ban earlier this year in Writers’ Buildings, senior ministers, including chief minister Buddhadeb Bhattacharjee and tourism minister Manab Mukherjee, continued to enjoy a puff in their rooms.

Metro lists other bans that are more honoured in the breach than in the observance in the state and in the city.


The ban: No bursting of noisy fire crackers.

The Law: In 1996, the state pollution control board issued a directive based on an order by Calcutta High Court banning noisy firecrackers. The central Noise Pollution Control Act, 2000, ratified it. The Centre banned the bursting of all crackers that produce more than 125 decibel sound 4 metres from the point of bursting, but the state government fixed the cut-off level at 90 decibel 5 metres from source.

Penalty?

According to Environment Protection Act 1986, the violators can be fined up to Rs 1 lakh or be imprisoned up to five years, or both.

Implementation?

Ha! If even this year’s Lakshmi puja was an indication (no noise is supposed to be made on the day, for Lakshmi, the goddess of prosperity, flees the place of worship then), Diwali is going to be a bang. Though some years were decent, in 1997 itself, after Justice Bhagabati Prasad Banerjee passed his historic order, crackers were burst near his house in Salt Lake. Pollution board officials ran to the spot, 12 people were arrested and the main offender was fined Rs 50,000. The only notable implementation.


The ban: Loudspeakers cannot be used in public places without sound limiters or beyond 10pm.

The Law: In 1996, Justice Banerjee also passed an order imposing this ban. Use of sound limiters was made obligatory to ensure that the sound level did not go beyond 65 decibel.

Penalty?

The Environment Protection Act, 1986, says violators can be fined up to Rs 1 lakh or be imprisoned up to five years or both.

Implementation?

The time limit is more or less respected, but no one, including puja committees and political parties, care to use sound limiters. However, while the Brigade Parade Ground got the clean chit — the noise level at a Somen Mitra-led Congress meeting in Brigade following the ban was found not to impact the nearby SSKM Hospital — political meetings were banned in Esplanade East for being too noisy. Even a meeting organised by police personnel was fined Rs 5,000. However the golden era of pollution monitoring was all but over by 2003-04, with the administration gradually turning indifferent. Now the police and state pollution control board block their ears.


The ban: No honking or playing of loudspeakers within 100 yards of silence zones like hospitals, nursing homes or educational institutes.

The Law: Noise Act, 2000

Penalty?

The Environment Protection Act, 1986, says the violators can be fined up to Rs 1 lakh or be imprisoned up to five years, or both.

Implementation?

Ha! In Calcutta, when drivers have nothing else to do, they honk. “If the people who suffer do not protest, the ban will be difficult to implement,” says Biswajit Mukherjee, the chief law officer of the environment department.

 


The ban: Rallies and processions cannot be held in the city on weekdays between 8am and 8pm.

The Law: Justice Amitava Lala of the high court passed the order suo motu in 2003, shocked at how a large procession at rush hour led to a closure of several important thoroughfares. Left Front chairman Biman Bose at a press conference at CPM headquarters asked: “Ekhon jodi kono comrade michhil theke slogan tole ‘Lala Bangla chhere pala’, tobe ami ki kore take badha debo (If a comrade during a rally raises the slogan ‘Lala, leave Bengal’, how can I stop him)?” He was served a contempt of court notice and punished in 2005. Hearing of the rally ban case still continues.

Penalty?

Anyone affected by rallies or processions may move the court for compensation. The penalty depends on the decision of the court.

Implementation?

Nothing happens. A Left Front rally against imperialism in September choked the city’s main arteries for several hours. Not to speak of Mamata.


The ban:Plastic carry bags less than 40 micron thickness or less than 16 inches by 12 inches in dimension cannot be used.

The Law: A 2007 directive of state environment department.

Penalty?

Rs 50 for one-time violator, Rs 500 for small retail shops and up to Rs 1 lakh for manufacturers.

Implementation?

Ha!


The ban: Cutting of trees and trimming of branches more than 4 inches in diameter without permission from the forest department are prohibited.

The Law: A 2006 state act to regulate cutting of trees in non-forest areas.

Penalty?

Fine up to Rs 5,000 or imprisonment up to one year for individual offenders. Penalty is double for developers and promoters.

Implementation?

A group of people comes to a locality, claims to be from the municipality and chops off branches.


The ban: Corporal punishment in classrooms is prohibited.

The Law: The order was passed by the high court in 2004 following a public interest litigation.

Penalty?

Could lead to a teacher’s suspension from the institution; the duration would depend on the extent or status of the crime.

Implementation?

Corporal punishment is not regarded as a major concern. And though there are occasional reports in the media, students and parents are scared to complain or follow up the case. “Many students dread being marked negatively and are hardly aware of the Right to Information Act, 2005, which allows them to claim their examined answer scripts and verify their marks,” says human rights lawyer Tapas Kumar Bhanja.



The ban: Ragging is prohibited in educational institutions.

The Law: The West Bengal Prohibition of Ragging in Educational Institution Act 2000.

Penalty?

Imprisonment up to two years. Students who have been convicted shall be dismissed from the educational institution and shall not be readmitted to that institution.

Implementation?

Ragging continues to be a nightmare for freshers. “We keep reading of cases of ragging, but not a single student has spent even a day in jail because of ragging. The main problem is that people are not aware of the rules,” says Bhanja.


The ban: Hawkers cannot construct permanent structures on the pavement. Hawkers are salesmen moving from one place to another. Stationary hawkers are a contradiction of terms.

The Law: A high court order passed in 2005.

Penalty?

The Calcutta Municipal Corporation and Calcutta police are supposed to ensure that permanent structures do not come up on the footpath.

Implementation?

The much touted Operation Sunshine of 1996 freed some city roads of hawkers, but look at Gariahat, Esplanade or Chittaranjan Avenue now, to name only a few places.


The ban: Burning leaves or similar materials in the public or burning of tyres are not allowed.

The Law: The high court directed a ban on burning of the leaves on the Maidan in 2005, while the state pollution control board issued a circular for the entire city almost at the same time. For tyres, the pollution control board issued a directive in 2002.

Penalty?

The Environment Protection Act, 1986, says the violators can be fined up to Rs 1 lakh or be imprisoned up to five years, or both.

Implementation?

There’s a ban? “There should be a ban on the government formulating such useless and theoretical bans,” says environment activist Subhas Dutta.


The ban: Jaywalking is not permitted.

The Law: Calcutta traffic police guidelines.

Penalty?

Rs 50. But no one remembers being caught.

Implementation?

Ha!


There are other bans. The Election Commission bans political graffiti and public defacement of property. There is a ban on the sale of wildlife and birds. Talking on the cellphone while driving and crossing the road is banned. The ban on spitting is now part of the no-smoking rule, which should cost an offender Rs 200.

For urinating in public, the penalty is Rs 60 or a day behind bars, which used to be the same for spitting.

If all these were implemented, Calcutta streets would be empty.

Wish List

  • Ban on vehicles, especially autorickshaws, emitting black smoke. Smoke, when visible, means it is above the permissible limit.
  • Ban on disposal of waste in open roads and water bodies
  • Ban on polluting the Hooghly
  • Ban on wasting water
  • Ban on keeping street lights on during the day
  • Ban on littering
  • Ban on telemarketing

OTHER CITIES SAY NO TO

MUMBAI

  • Spitting: Rs 200 fine
  • Urinating: Rs 200
  • Defecating: Rs 100
  • Littering: Rs 200
  • Car washing: Rs 1,000
  • Littering by pet: Rs 500
  • Bird and animal feeding: Rs 500

 

BANGALORE

  • Littering: Rs 200 fine
  • Urinating: Rs 200
  • Defecating: Rs 200
  • Littering by pet: Rs 200

 

DELHI

  • Talking on cellphone while driving: Rs 1,600 fine
  • Littering: Rs 50; the figure hasnít been revised since the 1950s

 

HYDERABAD

  • Smoking: Rs 200 fine
  • Spitting: Rs 100
  • Urinating: Rs 100
  • Defecating: Rs 100
  • Littering: Rs 200
  • Car washing: Rs 1,000
  • Littering by pet: Rs 100
  • Bird and animal feeding: Rs 500
  • Leaving buffaloes on road: Rs 500

 

NEW YORK

Trans fats
Several major fast-food chains banned trans fats in food to curb obesity and heart disease. Other cities like Louisville, Boston, Chicago, and Seattle followed suit. More than 98 per cent of the inspected restaurants have complied with the ban.

Talking on cellphone in public performance spaces
There is a bar on using cellphone in museums, cinemas and Broadway theatres.The law has been hard to enforce.

Smoking
Smoking is banned in restaurants, nightclubs and other public places.There are widespread protests against the ban.

Typeface Courier New 12
In 2004, New Times Roman 14 (sic) was made the standard typeface for all official state documents and the old Courier New 12 was banned for being obsolete.

 

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