The Telegraph report of May 21 announcing the fine

May 20: Puff in public, pay a fine.
June 8: Puff in public, puff at ease.

Almost three weeks after announcing with much fanfare a penalty for public smoking, the proposal appears to have gone up in smoke.

The health department has failed to issue a single challan to any defaulter in the 19 days since the penal rule was imposed.

The health department now says that the officials concerned and the police department will be sensitised to enforce the rule.

On May 20, two-and-a half years after most states in the country implemented the much talked about ban on smoking at public places, Bihar too joined the bandwagon and announced that violators would be issued challans by designated officials.

The health department had said that in the districts, drug and food inspectors and policemen would be authorised to issue challans to those who smoked in public places.

According to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, smoking at all places to which the public has access — among them auditoriums, health institutions, government buildings, restaurants, courts, public transport, stadiums, railway stations, bus stops, workplaces, shopping malls and airport lounges — can attract a fine of up to Rs 200.

Health secretary Sanjay Kumar now believes the enforcement of the act will take some time and will happen only gradually.

According to the act, there are 21 categories of officials — such as policemen above the rank of inspector, food inspector, drug inspector or other gazetted officials — who can issue a challan to a defaulter.

“These officials will be sensitised to enforce the act and we are working on it,” Kumar told The Telegraph.

The district magistrates of Patna, Munger, Katihar, Darbhanga and Bhagalpur have already been asked to hold meetings with the respective police superintendents.

“We have already dispatched the challans to all districts. Officials need to understand that like other laws and acts, this too has to be enforced. The police are the most visible enforcer of law and hence their support is important. We will soon take their help to make sure that violators are made to pay. It is important to challan some as fear of getting caught will act as a deterrent,” Kumar said.

He said that more than the ban, awareness was important. “People should realise that by smoking in public areas, they are not only harming themselves but are also acting as potential dangers for others. We will focus more on awareness campaigns in the coming months,” the health secretary said.

Many residents, however, doubted the government’s intent and said the fact that they were not going big with the ban indicated they were not serious about it.

“The prohibitory orders only remain on paper and not many people even know about the ban. Unless the cops or other responsible officials carry out a crackdown, violators will not understand its seriousness,” said Malini Sen, a schoolteacher.

Some others said the government should concentrate on building social awareness on the ill effects of tobacco use. “States like Delhi have the law in place for years but it has proved to be quite ineffective. Officials and the police in particular are already over-burdened. It will be unfair to expect them to keep a tab on everyone smoking in public and then impose a fine of them. People themselves should develop the sense and should have regard for others’ lives and the law,” said Abhishek Kumar, a student.