The Supreme Court of India allowed the transfer of four similar lawsuits in the Delhi High Court challenging the implementation of the Cigarettes and Other Tobacco Products Act, 2003. The Court rejected a tobacco company's prayer for staying the implementation of Prohibition of Smoking in Public Places Rules, 2008. Other issues in the case are pending.
Union of India v. ITC Ltd., Diary No. 28322, Supreme Court of India (2008).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Measures to reduce or eliminate exposure to tobacco smoke.
(See FCTC Art. 8)
Substantive Issues
None
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Having given our anxious consideration to the entire matter, we are of the view that it is not a fit case for grant of interim relief. Accordingly, prayer for staying implementation of Prohibition of Smoking in Public Places Rules, 2008, is hereby rejected. Having given our anxious consideration to the entire matter, we are of the view that it is not a fit case for grant of interim relief. Accordingly, prayer for staying implementation of Prohibition of Smoking in Public Places Rules, 2008, is hereby rejected. Needless to say that no court in the country shall pass any order in derogation of this order."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Supreme Court of India allowed the transfer of four similar lawsuits in the Delhi High Court challenging the implementation of the Cigarettes and Other Tobacco Products Act, 2003. The Court rejected a tobacco company's prayer for staying the implementation of Prohibition of Smoking in Public Places Rules, 2008. Other issues in the case are pending.