The Delhi High Court will hear Indian Tobacco Company (ITC) Ltd’s petition challenging Government’s notification of banning smoking in private offices and other establishments on September 30.A bench headed by Justice Vikramjit Sen deferred the hearing after Centre conten-ded that a case related to the issue is coming before Supreme Court on September 29.Besides ITC, two other petitioners, including Indian Hotels Association, have also moved separate pleas challenging the May 2008 notification issued by the Union Health Ministry to implement smoke-free rules from October 2 in all public places, including restaurants, hotels, pubs and discotheques. Representatives of the hotel industry had approached the ministry last week asking for various exemptions in the implementation of the new rule, claiming that they would approach the court if their demands were not met. The Federation of Hotel and Restaurant Association of India, representing its case to the ministry, spoke against having separate enclosures, saying that it would spoil their decor. The ministry, however, did not budge from its position. “Though we support the no-smoking cause ourselves, it’s a service-oriented industry and smokers cannot be segregated by way of chambers. At the most we will create a lounge for smokers. Most of the rules are already adhered to but having full-height walls for smokers is not acceptable,” said Rajindera Kumar, president of the Hotel and Restaurant Association, Northern India.Considering the ill effects of passive smoking for those serving in segregated areas, the ministry had stipulated spaces for smokers should either be made self-service zones or that no service should be allowed. The representatives of the hotel industry say that this is not possible, as it will hit their revenue.
