The tobacco industry challenged rules implementing the advertising provisions of India's tobacco control law, particularly the restrictions on advertising at the point-of-sale and the definition of indirect advertising. In 2005 and 2006, the Bombay High Court ordered that implementation of the rules be stayed. Health for Millions, an NGO, challenged this decision, and, in July 2013, the Supreme Court of India found that there was not a sufficient reason for the earlier decisions staying the rules. The Court ordered the government to rigorously implement India's Tobacco Control Law and its rules. The legality of the rules, however, still is at issue in the Bombay High Court.
Health for Millions v. Union of India & Ors., Nos. 5912-5913/2013, SLP(C) Nos. 413-414/2013, Supreme Court of India (2013).
India
Jul 22, 2013
Supreme Court of India, Civil Appellate Jurisdiction
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.
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Subsequent regulations exceed the scope of the originating law.
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.
"Since the matter is pending adjudication before the High Court, we do not want to express any opinion on the merits and demerits of the writ petitioner's challenge to the constitutional validity of the 2003 Act and the
2004 Rules as amended in 2005 but have no hesitation in holding that the High Court was not at all justified in passing the impugned orders ignoring the well-settled proposition of law that in matters involving challenge to the constitutionality of any legislation enacted by the Legislature and the rules framed thereunder the Courts should be extremely loath to pass an interim 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 tobacco industry challenged rules implementing the advertising provisions of India's tobacco control law, particularly the restrictions on advertising at the point-of-sale and the definition of indirect advertising. In 2005 and 2006, the Bombay High Court ordered that implementation of the rules be stayed. Health for Millions, an NGO, challenged this decision, and, in July 2013, the Supreme Court of India found that there was not a sufficient reason for the earlier decisions staying the rules. The Court ordered the government to rigorously implement India's Tobacco Control Law and its rules. The legality of the rules, however, still is at issue in the Bombay High Court.