Ceylon Tobacco Company Ltd., et al. v. Hon. Nimal Siripala de Silva, et al.

Tobacco companies sued government officials, challenging a clause of the tobacco control law that would prohibit smoking in enclosed public places. The clause, based primarily on the Framework Convention on Tobacco Control (FCTC), was put into place after observations about the harmful effects of "passive smoking."  The Court stated that exposure to tobacco smoke, which would necessarily result from smoking in public places, is undoubtedly harmful to public health and a law could be validly enacted to prevent such exposure to tobacco smoke in enclosed public places.  Thus, the provision is constitutional.  

Ceylon Tobacco Company Ltd., et al. v. Hon. Nimal Siripala de Silva, et al., S.C.(SD) App. Nos.1 to 6/2006, The Supreme Court of the Democratic Socialists Republic of Sri Lanka (2006)

  • Sri Lanka
  • Jun 20, 2006
  • The Supreme Court of the Democratic Socialists Republic of Sri Lanka
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Parties

Plaintiff

  • All Ceylon Barn Owners Association
  • Blue Oceanic Beach Hotel Ltd., Colombo 2
  • Ceylon Tobacco Company Ltd, Colombo 15
  • J.E.P.Kehelpannala, Vice President Tourist Hotel's Association of Sri Lanka
  • Jagathpriy Hennayake, Malabe
  • K.B.P.Saman Kumara, Malabe
  • N.J.H.Mahinda Cooray, President Tourist Hotel's Association of Sri Lanka
  • Pearl Beach Hotel Ltd., Colombo 2
  • Tourist Hotel's Association of Sri Lanka
  • Trans Asia Hotels Ltd, Colombo 2

Defendant

  • Hon. Nimal Siripala de Silva
  • The Hon. Attorney General

Third Party

  • Alcohol and Drug Information Centre
  • Dr. Sirira Kodagoda - Sri Lanka Amadyapa Samithi Sammelanaya
  • H.C.H.D. Liyanagama
  • H.S. Dhamika de Saram
  • Jayavim Perera
  • K.K. Kumari - Lawyers for Human Rights and Development
  • Lion Brewery of Ceylon Ltd
  • M.R. Rizvi and Mohamed Faiz
  • Rev. Kingsley Perera
  • Rev. W.P. Ebenezer Joseph
  • Rt. Rev. Duleep de Chickera
  • Swarna Hansa Foundation
  • Ven Dr. Omalpe Sobitha Thero

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"In this background there would be no basis to any general challenge of the contents of clause 40 intended to prohibit smoking in enclosed public places. The restriction comes well within the ambit of Article 16(7) of the Constitution which permits restrictions by law of any of the fundamental rights guaranteed, inter alia, by Articles 12 and 14, for "the protection of public health". Exposure to tobacco smoke as envisaged in the WHO (FCTC) or "passive smoking" in common parlance which would necessarily result from smoking in public places is undoubtedly harmful to public health and a law could be validly enacted to prevent such exposure to tobacco smoke in enclosed public places."