Kerala Voluntary Health Services v. Union of India, et al.

Kerala Voluntary Health Services (Kerala VHS) sued the Union of India, et al. to enforce the provisions of India's omnibus tobacco control law, COTPA.  Kerala VHS claimed that the Union of India, et al. had been negligent in enforcing COTPA as evidenced by the tobacco industry's facilitating smoking in films and engaging in sale of tobacco near educational facilities.  The Court observed that Indian Constitution's right to freedom of speech and expression is circumscribed by the Constitution's right to life and found that provisions of COTPA had been violated.  To remedy these violations, the Court imposed measures for compliance and appropriate implementation mechanisms for such measures.

Kerala Voluntary Health Services v. Union of India, et al., WP No. 38513, High Court of Kerala at Ernakulam (2012)

  • India
  • Mar 26, 2012
  • High Court of Kerala at Ernakulam
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Parties

Plaintiff Kerala Voluntary Health Services

Defendant

  • Director General of Police
  • General Board of Film Certification
  • State of Kerala
  • Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"It is true that the indirect advertisement through films and other visual media resorted to by the national and multinational tobacco companies are having greater impact on the society. So, it is only just and proper that appropriate directions are issued to the respondents to prevent indirect advertisements in films and other visual media. It is also true that scenes depicting the use of tobacco and its allied products often appear in films and other visual media taking advantage of the leeways in the enactments. This can be curtailed only by proper enforcement of the provisions of the COPTA and its allied rules as well as the Cinematograph Act and the guidelines issued thereunder."
"Apart from being subjected to reasonable restrictions enumerated in Article 19(2), the freedom of speech and expression guaranteed by Article 19(1)(a) is also circumscribed by the right to life guaranteed under Article 21 of the Constitution. We note with distress that the use of tobacco and allied products is spreading like cancer among the children and adolescents below the poverty line to which the majority of the population belong. As rightly pointed out by the learned counsel for the petitioner, the smokers not only dig their own grave prematurely, but also pose a serious threat to the life of innocent non-smokers who get themselves exposed to environmental tobacco smoke thereby violating their right to life."