.... the brain is not a vessel to be filled,
It is something to be IGNITED

Why should Sanjay Dutt be allowed to smoke in prison?
Follow the tobacco control law: BBS

Bollywood film star Sanjay Dutt was convicted for keeping arms and associating with people indulging in terrorism on July 31, 2007. He is to undergo an imprisonment of six years. Since the time Sanjay reached the prison, every media agency started reporting about the number of cigarettes he smoked. it was also reported that the prison authorities made cigarettes available to him in the prison. This is against the law.

BBS chairperson Hemant Goswami in a communication to Maharashtra government questions the decision to provide Sanjay Dutt cigarettes in the prison in violation to the Cigarette and Other Tobacco Products Act. The communication sent on August 2, 2007 points out that smoking is not a constitutional right whereas breathing fresh air, free from toxins, is a fundamental right guaranteed under Article 19 (Right to life).

Mr. Hemant Goswami also filed a "Right to Information" request with the Maharashtra Prison Department to know the reasons for allowing Sanjay Dutt to smoke.

The communication to Maharashtra Government and the RTI application as sent to the prisons department is appended hereunder;

Violation/maharastra/2007/003
August 2, 2007 

Mr. Vilasrao Deshmukh,
Chief Minister of Maharashtra,
C.M. Office, Varsha,
Mumbai 

E-Mail: chiefminister@maharashtra.gov.in
Telephone: (022) 22025151, 22025222 

DISREGARD OF TOBACCO CONTROL LAW FOR MR. SANJAY DUTT 

Dear Sir, 

The media reports regarding allowing Mr. Sanjay Dutt, the film actor convicted under Arms Act in Mumbai blast case, to smoke within state prisons are quite unfortunate and has send a negative message globally. The decision of the Maharashtra Government to treat a prisoner as VVIP and to allow him to smoke in prison compound in negation of the provisions of Cigarette and Other Tobacco Products Act and the constitution right of other people (of inmates and other people in the prison) to breathe air free from toxins, as enshrined under Article 19 of the constitution, is also highly deplorable. 

It may be noted that consuming tobacco is not a constitutional right of any person, as tobacco is neither a food, nor a life saving drug. It is also not a source of entertainment and recreation. Rather the key ingredient in tobacco, “Nicotine,” has been identified as an addictive and poisonous drug having the same addictive properties as that of Cocaine and Heroine. It is so dangerous that 40-60 mg of Nicotine can kill any person. If an inmate suffers from Nicotine addition, instead of supplying him more tobacco (which is against the law), he should be treated in accordance with medical advise with Nicotine patches and/or Nicotine chewing gums and/or such like prescription under medical supervision. 

As projected by jail officials and the media that cigarettes by Mr. Sanjay Dutt were consumed to counter stress are also unfortunate. Nicotine has no medicinal property which relieves a person of stress; rather it is known to create hypertension. Still if any person suffers from stress, the jail authorities should have provided medical help instead of providing tobacco which might further aggravate the situation. 

No public health worker can ever have sympathetic view regarding “Nicotine Addiction” suffered by film actors like Mr. Sanjay Dutt who on the one hand pretend to work on issues relating to Cancer and on the other hand they glamorize and promote smoking/tobacco in movies and thereby act as ambassadors of death, disease and disability caused by tobacco afflicted cancer, cardiovascular diseases and hundreds of such like serious ailments. As evident from many scientific studies, millions of youngsters have become addicted to tobacco by watching glamorised and unreal depiction of tobacco in movies by popular film stars like Sanjay Dutt, Amitab Bachchan, Ajay Devgan, Shahrukh Khan, Salman Khan, Anil Kapoor, etc. 

We would request the Maharashtra Government to protect the most basic fundamental rights of every human being (Including those who are in the prison; whether the inmates or those working) so that every person may breathe air free from the 4000 dangerous toxic chemical compounds present in tobacco smoke. 

Cigarette and Other Tobacco Products Act 2003 have been passed by the parliament of India and not following and/or enforcing the provision of the act is not the discretion of any individual officer. Such an action tantamount to contempt of the parliament and is a disrespect to the constitution of India. 

We appeal to you to ensure that the provisions of the Cigarette and Other Tobacco Products Act 2003 are followed in letter and spirit and no inmate (Including Mr. Sanjay Dutt) or official in any jail anywhere in Maharashtra be allowed to smoke within the prison compound. Proper departmental and penal action be taken against all officials who do not follow the legislation. 

Thanking you,
Yours cordially 

Hemant Goswami
Chairperson, Burning Brain Society 

C/c: 
1.      Inspector General of Prisons, Maharashtra State, Central Building, Pune 411 001
2.      The Director General of Police, State Police Headquarters, Old Council Hall, Opp Regal Cinema, SB Marg, Mumbai 400 039

RTI APPLICATION SENT TO MAHARASHTRA PRISONS DEPARTMENT

August 2, 2007
RTI/maharastraprison/2007/001

State Public Information Officer,
Office of the Inspector General of Prisons,
Maharashtra State, Central Building,
Pune 411 001  

(Telephone no. 91-9520-6125056) 

URGENT INFORMATION REQUIRED UNDER SECTION 4(1)(d) AND 6 OF THE RIGHT TO INFORMATION ACT

Name of the applicant:
Hemant Goswami

Address:
C/o Burning Brain Society, #3, Glass Office, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017; Telephone: +91-172-5165555; +91-9417868044: E-Mail: hemantgoswami(at)gmail.com; preventcorruption(at)hemant.org

Subject Matter of information required:
Information pertains to right of breathe air free from toxins (Which has been identified as right to life as guaranteed under Article 19 of the constitution) by all prison inmates, and enforcement and implementation of laws relating to tobacco use, including “Cigarette and Other Tobacco Products Act 2003.” Information also relates to ensure protection of necessary human right of prisoners which requires that the government ensure wholesome healthy conditions in all prison. It also pertains to the case of film actor and Arms Act Convict, Mr. Sanjay Dutt. Information requested under “The Right to Information Act 2005.” Details of required information is mentioned under the head below, “Description of information required,”

Duration for which information required:  
Information required for the time span from the notification and enactment of “Cigarette and Other Tobacco Products Act 2003” and specifically after the imprisonment of Mr. Sanjay Dutt, a convict under Arms Act in Arthur and/or other jails under the Maharashtra State; i.e. July and August 2007.

Purpose for which this information will be used:
The information as obtained shall be used for mass-media, research, analysis and is also intended to be used as evidence in court of law and/or for filing writ petition and/or for representation with appropriate government agencies or judicial and investigation authorities.

Description of information required:

PART1:
REQUEST TO PROVIDE REASONS FOR DECISIONS TAKEN AS PER THE PROVISIONS OF SECTION 4(1) d) OF THE RTI ACT:  As an affected member of the public as a result of the decisions by the Maharashtra Government to allow the convict Mr. Sanjay Dutt to consume tobacco and smoke cigarettes in police station and within prison compound/premises and also the failure of the government or take legal action under various provisions of law against the officials allowing such violations; I desire to know about the reason for such decisions under the provisions of Section 4(1)d) of the RTI Act.

1. What are the reasons for the decision by the Maharashtra Government prisons department to not follow the Cigarette and Other Tobacco Products Act 2003 and not enforce the provision of the law in the prisons under its control?
2. What are the reasons for the decision by the Maharashtra Government prisons department to not make the jail premises and compound 100% free from the toxic tobacco smoke and prevent everyone, including police/prison officials, from smoking within jail premises and compound as required under the Cigarette and Other Tobacco Products Act 2003.
3. What are the reasons for the decision by the prisons officials at Arthur Jail and other such prisons where Arms Act convict Mr. Sanjay Dutt has been imprisoned, to allow the convict to smoke within the prison compound in violation of the Cigarette and Other Tobacco Products Act 2003?
4. What are the reasons for the decision by the Maharashtra Government prisons department to provide/allow sale of, addictive products like cigarettes to prisoners and officials for consumption within the jail premises and compound and thereby promoting violation of the law.
5. What are the reasons for the decision by the Maharashtra Government prisons department to not take any action against prison department officials who allowed smoking of cigarettes within jail premises and compound in violation of the Cigarette and Other Tobacco Products Act 2003.
6. Tobacco is neither a food, nor a life saving drug and neither a source of entertainment and recreation. Rather the key ingredient in tobacco, Nicotine has been identified as an addictive and poisonous drug. In light of this why the Maharashtra Government and the prisons department is promoting the use, and making available tobacco in jails.

PART 2:
INFORMATION REQUIRED UNDER PROVISIONS OF SECTION 6 OF THE RTI ACT

7. Provide a list of all the officials who allowed Arms Act convict Mr. Sanjay Dutt to smoke within prison compound.
8. As per the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and Rule 3 of the “Cigarettes and Other Tobacco Products Rules, 2004” every public place must display at least two 60X30 cm boards containing the specified warning “No Smoking Area – Smoking here is an offence.” Do offices and premises under the control of this office display such warning boards?
   1. Allow inspection of all intra-offer and/or inter-office instructions/documents/ letters/communication related to displaying such warning boards and all matters related to tobacco use within office premises.
9. Provide the location where such warning boards as required under the Cigarettes and Other Tobacco Products Rules, 2004 are displayed in all the different offices/buildings/floors/premises which are under the control of to the highest authority in this office or which report to this office?
   1. Please provide address of all such premises/buildings and the number of warning boards affixed in each office/premise/floor/building.
   2. Mention the date on which such warning boards were first displayed.
   3. Inform about the cost incurred in displaying the warning boards. Allow inspection of all such cash vouchers/bills/payment instructions for displaying/installation of the warning boards.

Kindly use the format mentioned below to provide the information:

10. What is the designation and the name of the person responsible/in-charge for;
    1. Ordering affixation of the warning boards against smoking
    2. Executing the order to affix such warning boards
    3. To be held responsible for not displaying the statutorily prescribed warning boards and for the purpose of the penal provision under Section 4 (Read with Rule 3) of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.
11. Does your office and all other offices under the control of this office provide total smoke-free atmosphere and prohibit smoking in all parts of the building/premise. Provide a list of all offices/premises under the control of your office which allow people to smoke within the building/premise and within the boundary wall of the premises?
    1. Allow inspection of all such related memo/documents/ letters/communication issuing any instructions in this regard.
12. How many employees, whether temporary or permanent, including officers in your office and all other office/premises/buildings under the control of the highest authority in this office, smoke?
    1. Kindly allow inspection of the record and also provide a copy of the available record regarding this.
13. How does your office/orgnaisation cope with the frequent breaks people take to smoke?
    1. What are the laws/rules including departmental rules to deal with the increased number of smoking breaks employees take? Please quote the full legal provision in this regard.
    2. Are there any departmental rules and guidelines to prevent unjustified frequent breaks (for example: taking frequent 5-10 minutes break /absence from seat to smoke cigarette/bidi) from duty?
    3. Provide extracts of the relevant guidelines and departmental rules in this regard.
14. How many people have been fined till date for smoking in any of the office/departments/premises under your control or reporting to the highest authority in this office?
    1. Provide record for the year 2004, 2005, 2006 and 2007.
15. In case any of the laws and/or rules related to tobacco control is not being followed in your office or offices operating under your control; please provide the name and designation of the highest executive officer in the hierarchy who can be held responsible and prosecuted for such non-adherence of the laws/rules related to tobacco control legislation(s).
16. Kindly arrange to immediately provide the extracts, certified copies of documents requested (in soft copy/electronic form or hard copies, depending on the availability) after the inspection of the requested files/documents/memo.
17. Provide all e-mail address (with complete name and designation and other details w.r.t. the person using it) used by any official of this department.
18. Allow inspection of all documents, which fall within the subject matter of this right to information request an on the basis of which reply and information to this application is given.
    1. Provide certified copies of any document which might be required after the inspection.

The mode in which information is required:
The information is required through e-mail which be e-mailed at the e-mail addresses hemantgoswami(at)gmail.com with a C.C. copy to preventcorruption(at)hemant.org.

All printed copies, if need be, given on A3 sized paper. Inspection of the documents shall be undertaken only if required by a representative of the applicant about which the intimation and authorization shall be given to the department through e-mail. The complete information as requested along with the intimation about the mutually suitable time during which the undersigned can inspect the requested documents may also be e-mailed at the e-mail addresses  hemantgoswami(at)gmail.com with a C.C. copy to preventcorruption(at)hemant.org.

The required fee under the RTI Act is deposited herewith in the form of court fee stamp.

In case any additional fee is required to be paid for any copy of the document, same may be intimated through e-mail, but in the mean time, all the other information including the information required in Part 1 of this information request, which does not require payment of any additional fee, must not be withheld and e-mailed to the above mentioned e-mail address.

Thanking you
Yours cordially 

Hemant Goswami

REPLY BY THE MAHARASHTRA PRISONS DEPARTMENT

NEWS FROM THE PIONEER, AUGUST 25, 2007

Prison not public place, says Maharashtra Govt
...in reply to RTI on smoking by Sanjay Dutt
 

Aneesha Sareen | Chandigarh

Prisons cannot be called public places and so prisoners can be allowed to smoke this is the what Maharashtra Government has said in a reply to an RTI query by a city resident which questioned how actor Sanjay Dutt can be allowed to smoke in prison in gross violation of the Cigarette and other Tobacco Products Act, 2003.

The RTI query was filed by a city resident and chairman of Burning Brain Society (BBS) Hemant Goswami in order to create awareness about the implementation of the act in prisons and in order to create awareness regarding the same.

The RTI question, which raised concerns about Sanjay Dutt smoking in the prison, the prison department quite strangely claims that prisons and all places with restricted public entry can not be called public places and so prisoners were allowed to smoke in prisons, courts and such like places, said Hemant Goswami when talking to The Pioneer.

Reacting to the RTI reply, Hemant Goswami, said that the law is absolutely clear about smoking and about the definition of public area. Under Section 3(l) of the 2003 Tobacco Control Act public places are clearly defined as "any place to which the public have access, whether as of right or not" and includes all prisons and courts. Even the Rule 35(ii) of the prisons manual clearly states that the superintendent of the jail has to restrict smoking and/or sale of tobacco within the prison premises according to the prevalent laws. Hemant explained further.

"Prisons are not only for prisoners but are also work places where a large number of people work. Besides, it is a public building and the Government is duty bound to display the warning boards and maintain smoke-free status even in prisons," R Arul of "Pasumai Thayagam (Green Motherland)" an organisation working on tobacco control said.

"Smoking tobacco was not a constitutional right whereas breathing air free from over 4,000 poisonous gases in tobacco smoke is the fundamental right of every person. The Supreme Court of India (In Murli S Deora vs Union of India case) has recognised that this right was covered under the constitution, right to life, and everyone needs to be protected from passive smoke, be it a prisoner or an employee of the prison department." Arul added.

"We have already made a complain under section 18 of the RTI Act and an appeal under section 19 to the Information Commissioner and shall be shortly moving the Mumbai High Court for action against officers and the Maharashtra Government for unlawfully allowing the high profile prisoners to smoke tobacco by bending the tobacco control laws." Hemant Goswami informed.
 

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