Anti-Spitting Laws in India – Indian Judiciary – Free PDF Download

Anti-Spitting Laws in India

• A Health Hazard-
• It’s a Proven Fact that coronavirus spreads through droplets, either directly or indirectly.
• droplets tend to remain suspended in air and on various surfaces for a long period of time.
• If you come in contact with this, you too could be infected

An Aesthetics Hazard-

• Railway stations, government buildings, public toilets, roads and even cinema halls all spattered in red and crimson.
• Culprit – worse practice of chewing paan and gutkha.
• even as the Union Health Ministry had asked all states to prohibit the use and spitting of smokeless tobacco in public places.

Social Acceptance –

• Psychologists suggest that in India- there is social acceptance to spitting, Indian spit without fear of being judged or the authorities penalising them.
• “The idea is this – if a big group is doing it, then so can I. This is called diffusion of responsibility. Since a large number of people are doing it, the responsibility or the guilt doesn’t fall on one person. No one person is held accountable and the guilt is shared. That is why most Indians think it is okay to do so” says Gargi Vishnoi, a counselling psychologist at Fortis Escorts Hospital

Factories Act, 1948

Section 20 of the Factories Act, 1948 –

• 20. Spittoons.—(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.
• (2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.
• (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.
• (4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees.
• Indian Railways (Penalties for Activities Affecting Cleanliness at Railway Premises) Rules, 2012

Rule 3 Clause (b) read with Rule 4 

• Rule 3 talks about the — Prohibition of activities affecting cleanliness and hygiene in the railway premises
• Clause (b) No Person shall cook, bathe, spit, urinate, defecate , feed animals or birds, repair or wash vehicles , washing utensils or clothes or any other objects or keep any type of storage in any railway premises except in such facilities specifically provided for any of these purposes
• Rule 4 is the penal provision for violation of the above stated Rule, wherein the Fine would amount to Rupees 500.

Dock Workers (Safety, Health and Welfare) Regulations, 1990

Regulation 98 sub-rule (2)-

1. In every portion of a dock including warehouses and store places, sufficient number of spittoons shall be provided in convenient places and they shall be maintained in a clean and hygienic condition.
2. No person shall spit in the dock area except in the spittoons provided for the purpose and a notice containing this provision shall be prominently displayed at suitable places.
3. Whoever spits in contravention of sub-regulation (2) shall be punishable with a fine not exceeding one hundred rupees

Delhi Police Act, 1978: Sections 95 r/w Section 97

• Committing nuisance in or near street, etc.—
• No person shall in or near to any street, public place or place of public resort—
• (c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by.
• Penalties for offences under sections 80 to 96.—punished with fine which may extend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term not exceeding eight days.

Bombay Police Act, 1951 : Sections 115, 116 r/w Section 117

• 115. Committing nuisance in or near street. etc.
• No person shall in or near to any street, public place or place of public resort-
• (c) spit or throw any dust, ashes, refuse or rubbish ; so as to cause annoyance to any passerby.]
• Penalties for offenders under Secs. 99 to 116.– Any person who contravenes any of the provisions of Secs. 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to twelve hundred rupees.

Haryana Municipal Act, 1973: Section 159

• 159. Whoever, in a public place within the limits of a municipality to which the operation of this this section has been extended by a notification by the State Government in this behalf, spits in a public place other than a drain or a receptacle provided by, the committee for this purpose shall, on conviction by a magistrate of the first or second class, be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees.
• Goa Prohibition of Smoking and Spitting Act, 1997 : Sections 5, 6, 10 r/w Section 2(i) r/w Sections 11(a)
• Prohibition of smoking and spitting in places of public work or use.— No person shall smoke or spit in any place of public work or use.
• Prohibition of smoking and spitting in public service vehicles.
• Any person who contravenes the provisions of.— (1) Sections 5, 6, 9 or 10 shall be punishable with fine which may extend to one thousand rupees and in case of second or subsequent offence, shall be punishable with a minimum fine of two thousand rupees, but which may extend to five thousand rupees.
• Arunachal Pradesh Prevention of Defacement of Property Act, 1997 : Section 3
• Kerala Police Act, 2011: Section 120-E
• Madras Public Health Act, 1939
• Nagaland Municipal Act, 2001 : Section 441 r/w Sections 471, 472
• Orissa Urban Police Act, 2003 : Sections 80 [clause (c) to be specific], 83 r/w Section 84
• N. Prohibition of Smoking and Spitting Act, 2002 : Sections 4, 5, 8 r/w Section 2(h) r/w Sections 9(1), 12
• B. of Smoking & Spitting and Protection of Health of Non-smokers and Minors Act, 2001 : Sections 5, 6, 10 r/w Section 2(8) r/w Sections 11(1), 14
• Disaster Management Act, 2005.
• Spitting was made punishable under Section 51 of Disaster Management Act in 2020.
• Refusal to abide by the order shall lead to imprisonment till one year.

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