Case of IGMC (Indira Gandhi Medical College)

Despite State legislation (1997) and Central legislation (2003), people were continue to smoke cigarettes and bidis in the premises of IGMC. Even canteen of IGMC were selling cigarettes and bidis; and mostly to medical fraternity working in IGMC. In front of main gate, there were 6 vendors who were dealing only in tobacco products. Multi-purpose shop rented out by IGMC were also selling tobacco products.

Contd.
According to THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 and Himachal Pradesh Prohibition of Smoking and Non-Smokers Health Protection Act, 1997 "public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centers, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space; (sec 3(L))

Contd..
Under these State and Central enactment, Hospitals comes under the public place which is totally a non-smoking place but this restriction have never been complied with. Social awareness programs have never taken place. Hospital authorities have made a boards warning against smoking. Restrains were visible only at day time but still doctors were continue to smoke in private rooms.

Weaknesses
List of authorized officers did not include any functionary of IGMC, who were authorized to carry out the functions under this Act, but no one action has been taken place in IGMC, Shimla. Enumerated officers of the state government have also not taken any action under this Act. For taking any punitive action, Police officers not below the rank of ASI have been authorized to proceed under this Act. Revolutionary Social legislation ( State enactment) way back in 1997 but which has not been implemented even after 9 years of its enactment.

Suggestive Actions
State legislation should be implemented at its full extent. Hospital premise and Area under 100 meter circumference of hospital are Non- Smoking Zone. Any person age below 18 years are not allowed to purchase any tobacco and gutkha products. Campaign should be started and slogans should be posted inside and outside every corner of hospital premises.

Actions Against Culprit

If any person found smoking inside the hospital premises should be: i. First warned. ii. Be thrown out, beginning with attendant of patients. iii. This warning/ throwing out should be well publicized. iv. Fine should be charge as prescribed by State Government. v. Functionaries of Hospital should be made as authorized officer to take actions against any smoker under this State legislative Act.