World Lung Foundation South Asia v. Ministry of Health and Family Welfare
The World Lung Foundation South Asia filed a lawsuit seeking enforcement of the law prohibiting the sale of tobacco within 100 yards of a school. Based on an earlier decision in this case, Delhi police had increased enforcement of the law. The court noted that a January 2012 survey showed that there were no tobacco products for sale within the prohibited radius from schools. The court disposed of the petition since its purpose had been achieved and ordered ongoing monitoring and enforcement of the law to prevent a recurrence of tobacco sales near schools. The court also asked the Commissioner of Police to consider making all police stations in Delhi tobacco-free in order to promote a tobacco-free environment.
World Lung Foundation South Asia v. Ministry of Health and Family Welfare, W.P. No. 7540/2010, High Court of Delhi at New Delhi (2012).
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
A claim of a violation of a tobacco control law or statute.
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.
"In order to ensure that this position remains and that there is no recurrence of sale of tobacco products in or around educational institutions, learned counsel for the petitioner has given certain suggestions. We have gone through the same. Some of these suggestions are for acceptance and in the light thereof following directions are given (i) The Delhi Police is directed from time to time and at least every three months to carry out comprehensive inspections/survey to detect any tobacco products selling outlet within a radius of 100 yards of any educational institution in Delhi and if finds any such outlet, to immediately ensure closure/removal thereof and to take action in accordance with law against the violators. A quarterly report be submitted to this Court. (ii) The Commissioner of Police to also undertake the necessary measures for sensitization of the police force, of harms of consumption of tobacco and tobacco products. (iii) The Commissioner of Police to also consider making all police stations in Delhi tobacco free ; such a measure is expected to strengthen the commitment of the police force to implementation of various measures of COPTA 2003 and in promoting tobacco free environment."
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 World Lung Foundation South Asia filed a lawsuit seeking enforcement of the law prohibiting the sale of tobacco within 100 yards of a school. Based on an earlier decision in this case, Delhi police had increased enforcement of the law. The court noted that a January 2012 survey showed that there were no tobacco products for sale within the prohibited radius from schools. The court disposed of the petition since its purpose had been achieved and ordered ongoing monitoring and enforcement of the law to prevent a recurrence of tobacco sales near schools. The court also asked the Commissioner of Police to consider making all police stations in Delhi tobacco-free in order to promote a tobacco-free environment.