Cancer Patients Aid Association v. State of Karnataka, et. al.

Cancer Patients Aid Association sought to enforce COTPA Section 6 and its implementing rules which, among other things, ban the sale of tobacco products within 100 yards of educational institutions.  In this Order, the Court recognized the State's commitment to take specific action against institutions not complying with the law.  The Court also stated that in the cases of violation, "the State government shall take appropriate action."

Cancer Patients Aid Association v. Karnataka, et. al., WP 17958, High Court of Karnataka at Bangalore (2011).

  • India
  • Mar 29, 2011
  • High Court of Karnataka at Bangalore
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Parties

Plaintiff Cancer Patients Aid Association

Defendant

  • Bruhat Bangalore Mahanagara Palike (BBMP)
  • Commissioner of Police Office of the Commissioner of Police
  • State Anti-Tobacco Cell
  • State of Karnataka Department of Education (Primary and Secondary)
  • State of Karnataka Department of Pre-University Education
  • State of Karnataka Health and Family Welfare Department

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"In case of any violation, the State government shall take appropriate action and if, any such unauthorised structure has to be removed, the petitioner shall intimate the details of the Violation committed to respondent no.5. who shall then take appropriate action, as may be called for, after following the prescribed procedure."
"Mr. Basavaraj Kareddy, learned Principal Government Advocate, having obtained instruction from Mr. Magi, Under Secretary, Department of Education, states that the State Government is seriously interested in implementation of the provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution), Act 2003, and as such, have made a compilation of the list of government aided and un-aided P. U. Colleges in the City of Bangalore. As a pilot project, Department of Education, will make available one car with one officer of the rank of Assistant Director of Pre-University Education to carryout inspection areawise, to determine whether or not, each P.U. college has installed a board of the nature contemplated and has ensured[] that the Cigarettes/tobacco vendors do not sell their products within 100 yards of the entrance of the college premises."