Cancer Patients Aid Association v. State of Karnataka, et. al.
Cancer Patients Aid Association v. Karnataka, et. al., WP 17958, High Court of Karnataka at Bangalore (2011).
- Mar 29, 2011
- High Court of Karnataka at Bangalore
Plaintiff Cancer Patients Aid Association
- Bruhat Bangalore Mahanagara Palike (BBMP)
- Commissioner of Police Office of the Commissioner of Police
- State Anti-Tobacco Cell
- State of Karnataka Department of Education (Primary and Secondary)
- State of Karnataka Department of Pre-University Education
- State of Karnataka Health and Family Welfare Department
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
Type of Litigation
Action against Government to Advance the Public Interest
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.
Tobacco Control Topics
Sales to or by Minors
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)
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Type of Tobacco Product
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."