Crusade Against Tobacco & Ors. v. Union of India & Ors.

Crusade Against Tobacco sought to enforce the smoke free provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) with respect to hookah parlors.  In May 2011, the Court ordered Greater Mumbai Municipal Corporation (BMC) to incorporate COTPA's terms and conditions when issuing licenses to food establishments.  In response, BMC issued a circular which, among other things, included a condition that smoking areas in restaurants shall not be used for purposes other than smoking and "no other services or any apparatus designed to facilitate smoking shall be provided."  Subsequently, several hookah bar owners impleaded as party respondents and argued that such conditions cannot be incorporated into existing licenses.  The bar owners also argued that designated smoking areas (which COTPA allows under certain circumstances) should not be treated as public places and thus should be open for the owner to provide hookah and other services to facilitate smoking.  The Court referenced Article 47 of the Constitution, which requires the State to improve public health generally, and held that BMC had the authority to impose new conditions to existing licenses and that owners cannot provide services to patrons in the designated smoking areas. 


Crusade Against Tobacco & Ors. v. Union of India & Ors., PIL 111 of 2010, High Court of Judicature at Bombay (2011).

  • India
  • Jul 13, 2011
  • High Court of Judicature at Bombay


Plaintiff Crusade against Tobacco, et al.

Defendant Union of India

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product