Text of Section 167:
(1) No person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein.
(2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any train or part of a train.
(3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to one hundred rupees.
Explanation and Analysis of Section 167:
1. Smoking in Railway Compartments:
- Sub-section (1) deals with the issue of smoking in railway compartments. It specifies that a person is not allowed to smoke in any compartment of a train if another passenger objects to it.
- This is a measure to respect the comfort and health of other passengers, especially in enclosed spaces like train compartments where second-hand smoke can affect non-smokers.
2. Railway Administration’s Authority to Prohibit Smoking:
- Sub-section (2) gives the railway administration the authority to prohibit smoking in any part of a train or in the entire train.
- This can be a blanket ban on smoking in any train or a partial ban on certain compartments, depending on the administration’s policy.
- Such measures are likely aimed at ensuring safety and comfort, especially given the potential fire risks and health concerns associated with smoking in enclosed public spaces.
3. Penalty for Contravention:
- Sub-section (3) imposes a fine of up to one hundred rupees for anyone who violates the provisions of sub-section (1) (smoking despite objection) or sub-section (2) (smoking in an area where it is prohibited by the railway administration).
- The fine serves as a deterrent and enforces compliance with the rules that aim to maintain public comfort and safety in the railway environment.
4. Purpose of Section 167:
- Protecting passengers’ health: Given the adverse effects of smoking, this provision ensures that passengers who do not smoke can travel without exposure to second-hand smoke.
- Maintaining safety: Smoking in confined spaces like train compartments poses a fire risk, so restrictions are necessary for the safety of passengers and the train.
- Respecting others’ comfort: The provision also promotes mutual respect among passengers by requiring that smoking cease if any passenger objects.
Key Points for Consideration:
- Passenger Rights: The law empowers any passenger in a compartment to object to smoking, and the smoker is required to comply with the objection. This ensures the right of passengers to travel in a smoke-free environment.
- Railway Authority’s Power: The railway administration has broad powers to ban smoking in any part of the train, allowing for the flexibility to implement smoking restrictions as needed.
- Health and Safety: The ban on smoking serves both health and safety purposes, reducing exposure to second-hand smoke and minimizing fire risks.
Conclusion:
Section 167 of the Railways Act, 1989 sets out clear guidelines regarding smoking in railway compartments, ensuring that passengers’ health and comfort are not compromised by second-hand smoke. It empowers passengers to object to smoking in their immediate vicinity and allows railway authorities to impose broader smoking bans for safety reasons. Violators of these provisions are subject to a fine, thus reinforcing the need to respect public health and safety regulations while traveling by train.
