Cancer Patients Aid Association v. Karnataka Health and Family Welfare Dept., et. al.
The Cancer Patients Aid Association sued the State of Karnataka to enforce the ban on the sale of tobacco products within 100 yards of educational institutions. Here, the Association demands that Karnataka immediately direct all education institutions in Bangalore City to implement the ban. Additionally, they demand placement of appropriate signage in conspicuous places, as required.
Cancer Patients Aid Association v. State of Karnataka Health and Family Welfare Dept., et. al., WP No. 17958, High Court of Karnataka at Bangalore (2009).
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.
"It is prayed to direct the respondent No. 3 and respondent No. 4 State Departments to immediately direct all heads of educational institutions in Bangalore City to strictly implement Section 6 (b) of COPTA by ensuring that there is no sale of cigarettes or tobacco products within 100 yards of the institution, and to exhibit a board at a conspicuous place outside their premises stating that sale of tobacco within 100 yards is prohibited and that it is a punishable offence and to pass appropriate orders directing that teachers and staff in all educational institutions cannot smoke within the 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.
The Cancer Patients Aid Association sued the State of Karnataka to enforce the ban on the sale of tobacco products within 100 yards of educational institutions. Here, the Association demands that Karnataka immediately direct all education institutions in Bangalore City to implement the ban. Additionally, they demand placement of appropriate signage in conspicuous places, as required.