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).
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 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."
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.
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."