New Delhi. Although smoking is prohibited in public places, there was a huge uproar in the Lok Sabha on Thursday regarding this. The real reason for this uproar was Anurag Thakur’s question in the Lok Sabha in which he asked the Speaker whether he has given permission to smoke cigarettes in the Parliament premises. When questions and answers started on this, the BJP MP alleged that a Trinamool Congress (TMC) MP was smoking e-cigarette inside the House. The BJP MP has alleged that the TMC MP has not only violated the dignity of Parliament but also violated the law of the country. On this, Speaker Om Birla intervened and said that no such permission has ever been given and if a written complaint is received and the allegations are proved to be true then they will take ‘strict action’.
E-cigarettes are completely banned
The Government of India implemented the Electronic Cigarette Prohibition Act in 2019. Under this law, the manufacture, sale, purchase, storage, advertisement, import, export and use of e-cigarettes was completely banned. It is also a crime to be caught smoking e-cigarette in public places.
what is the punishment
- If caught for the first time, a person can be jailed for 1 year or fined ₹ 1 lakh or both.
- If caught for the second time, this offense can lead to jail term up to 3 years and fine up to ₹ 5 lakh.
- Therefore, smoking e-cigarette in Parliament will not only be termed as indiscipline but also a direct violation of the law.
Can Delhi Police take action in the Parliament complex?
Now the biggest question is if a TMC MP has smoked e-cigarette inside the Parliament, then can Delhi Police take any action against him? Delhi Police can take action but the primary responsibility for security and law and order inside the Parliament complex does not lie with the Delhi Police but with the Parliament Security Services and the Lok Sabha/Rajya Sabha Secretariat.
How does the process work?
First the internal security of the Parliament (CISF, CRPF and Parliament Security Department) investigates. If they feel there has been a violation of BNS, criminal law or a special act (such as the e-cigarette ban law), they refer the case to Delhi Police. After referral, Delhi Police can register an FIR and initiate legal action.
What are the rules of Parliament complex?
- Parliament has a special protected zone within its jurisdiction.
- If any member, employee or outsider breaks the rules, the first action is taken by the Parliament Secretariat.
- If necessary, the matter is handed over to the police.
After all, what action can be taken against the MP if found guilty?
If the allegation of smoking e-cigarette is proved, then the possible steps could be
- The investigation report will be prepared by Parliament Security. For this, the case will be confirmed through video footage, identification, time etc.
- Internal disciplinary action will be taken by the Parliament Secretariat. If the accused is an MP then the Privilege Committee can give notice for breaking the rules. A proposal for warning or suspension may also be possible.
- A legal case can be registered by Delhi Police.
What did Anurag Thakur say?
This issue came to light during Question Hour when Anurag Thakur raised the question and drew attention to the repeated violations of the rules of the House. Seeking clarity from the Speaker, he said that he wants the entire House to be aware of the issue.
Anurag Thakur asked, Sir, I have a question for the House. Sir, e-cigarette is banned in the entire country. Have you allowed this in the House?
The speaker replied, ‘No, no one is allowing this.’
Thakur said, ‘Sir, have you investigated it? Some TMC MPs are using it.
Then Om Birla said, ‘I request all the MPs to follow the rules and laws of the Constitution. If any MP comes to me with such a complaint, I will definitely take action on it.
