Karthikeyan kar 17 June 2023

Realated to cigarette smoking .

Dear Sir/mam.

Issue:

Opposite to my Home,Person Residing he was Chain smoker.Smoke coming to my Home affecting my Mother Heath condition.(Age68). And to Affecting Childerns , regarding this issue ,Several times Informed to him. he was not Responding and wantedly Doing the Same.

Kindly Suggest how to proceed Legally.

Regards

Karthikeyan G

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Quick Summary

A user is concerned about a neighbour's constant smoking, which is affecting their mother's and children's health. While smoking in one's own home is generally a private matter, if the smoke entering a neighbour's property causes harm, it may constitute a public nuisance under Indian law (IPC Sections 268 & 278). Amicable resolution is advised first, but legal action is an option if the neighbour remains unresponsive.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 17 June 2023

You cannot stop someone smoking from his home. It is a private place and belonging to him hence you cannot ask him to stop smoking

According to section 32 of The Indian Easements Act, 1882, the owner or occupier of the dominant heritage is allowed to enjoy the easement without disturbance by any other person. There are no laws that ban smoking inside the four walls of your private place or house.

Niharika Lohan 05 July 2023

Hi I’m Adv. Niharika and here is my take on your query.

Your neighbour has a right to personal freedom, which is a fundamental right. He is entitled to do anything and everything (legal) in his premises, to which you cannot object.

However, as by its very basic nature, smoke travels in the air and if it enters your premises and is harming the health of aged and young persons then in my opinion it becomes an offence under Sec. 268 and 278 of IPC.

You should try to peacefully explain your position to your neighbour and resolve this issue amicably and if he does not talk eye to eye with you then you can go ahead with the relevant provisions of IPC without any hesitation.

I believe the above information helps. In case of further questions, you can contact me via email at niharikalohan@yahoo.com

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