- This topic has 4 replies, 3 voices, and was last updated 1 year, 3 months ago by
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SI’m 24F, an only child and have always lived with my mother and father. My father is a smoker, not exactly a chain smoker I guess? But does smoke a cigarette at an interval of 30-40 minutes. He has been a smoker in all the years I have known him. We have lived in different homes over the years- houses with a balcony, with a short staircase, a gated society with lanes- yet I learnt very late in life that some people go outdoors (like in the balcony) to have a puff and then join others in the house, simply because I hadn’t ever seen this in my home.
I do not actually inted to take legal action, but since the last few years I have been wondering if a legal framework exists under which this may be considered an offence. If smoking is considered harmful enough that it is prohibited in most public spaces, certainly there must be some legal repercussions if a woman and a growing child is continually exposed to cigarette smoke in a closed physical environment? By the way, my mother is an asthmatic. And I am also concerned if the smoke affects me and mom differently than it would affect a man.
It is already tough to see the negative effects of this addiction on my father’s health, but I feel mad on a whole new level when I think about the fact that an asthmatic woman and a child lived in the same space as a regular smoker, and not one friend, relative or teacher was alarmed enough to strongly call it out, let alone intervene.
At this point I just wonder what harm over two decades of exposure to passive smoking must’ve done to my and mother’s health. Does this sound like a valid case by any means, or am I just making shots in the dark?
At times I have googled to find something that might answer my questions, but the search mostly led to results in the American context, mostly about the CPS.
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PTaking a legal step for smoking that too on your father seems dumb decision for me… He is your father better have a proper discussion and sort this issue out… If you take legal action, the relationship between you and your father may get worse.
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SAs I have mentioned in the post, I do not intend to take legal action. Having said that, I do seriously wonder if smoking indoors in cases like these, especially where a child/ children are involved, have some legal repercussions or not. We can speak all about having a proper discussion now that I am an adult, but do consider that this may not be an option for many children living under similar circumstances. I may have felt less strongly about this had it been restricted to a specific time period, say 4-5 years, but to have spent an entire childhood, i.e. 18 whole years (plus 6 years) this way? Seems a bit too much even to me who was oblivious to the gravity of the issue for the longest time, because for me this was the normal life I had grown up in. Hence I have asked this question on this subreddit, out of curiosity. Not to take legal action against my father, who unfortunately happens to be an addict. I still appreciate and agree with your comment tho.
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PAt first iam not a law student/lawyer.
Suppose think he is not your dad what would you do? Maybe you will head to police station to file complaint. Do you seriously think indian police will entertain such cases? I guess practically they will not take these type of cases seriously as its not feasible for them, maybe smoking doesn’t even fall under serious criminal offense. Even if they took into consideration they may suggest him not to smoke in that area. That’s it. 99% of cases gets sorted here.
Nobody approaches court for these kind of matter i think.
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