Cancer Patients Aid Association v. Karnataka Health and Family Welfare Department
Cancer Patients Aid Association alleged that government subsidies to tobacco farmers violate India's omnibus tobacco control law, COTPA, and the Framework Convention on Tobacco Control. The court directed that all relevant departments of the Central and Karnataka Governments take steps to reduce the local demand and supply of tobacco products; provide for the rehabilitation of tobacco farmers and tobacco-related workers such as beedi workers; and reconsider the government’s policy on subsidies and incentives for tobacco cultivation for local consumption.
Cancer Patients Aid Association v. the State Government of Karnataka Health and Family Welfare Departmetn and Ors., W.P. 55697/2014, High Court of Karnataka at Bengaluru (2015).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A claim of a violation of a tobacco control law or statute.
Type of Tobacco Product
None
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"The Departments of the Central Government and the State Government, in co-ordination with each other, shall take steps for reduction in local demand and supply of tobacco products and shall, also, consider a policy for rehabilitation of the tobacco growers and tobacco related workers, particularly, the beedi workers. The authorities shall, also, consider the continuance of direct and indirect incentives and subsidies for production of tobacco for local consumption and, also, to tobacco farmers and tobacco related workers, in the interest of justice."
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 alleged that government subsidies to tobacco farmers violate India's omnibus tobacco control law, COTPA, and the Framework Convention on Tobacco Control. The court directed that all relevant departments of the Central and Karnataka Governments take steps to reduce the local demand and supply of tobacco products; provide for the rehabilitation of tobacco farmers and tobacco-related workers such as beedi workers; and reconsider the government’s policy on subsidies and incentives for tobacco cultivation for local consumption.