Crusade Against Tobacco v. Union of India and Ors.
A tobacco control organization sought to enforce the provisions of the Cigarette and other Tobacco Products Act (COTPA) (Prohibition of Advertisement and Regulation of Trade and commerce Production Supply and Distribution) with respect to hookah parlors. The Court concluded that Mumbai food establishment licenses do not require compliance with COTPA. Accordingly, the Court ordered the Greater Mumbai Municipal Corporation to incorporate COTPA's terms while issuing such licenses. The Court also noted that police authorities must inform the municipal corporation officers about any violations so that licenses not in compliance can be cancelled or suspended.
Crusade against Tobacco v. Union of India and ors., PIL 111, Bombay High Court (2011).
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.
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 would therefore, be necessary for the Municipal corporation to incorporate such terms and conditions while issuing licences under section 479 of the Mumbai Municipal Corporation Act, 1888. Section 479 empowers the Commissioner/municipal Officer to impose stringent conditions subject to which licences may be granted. It goes without saying that the Municipal corporation shall have to incorporate the necessary terms and conditions in the licences, including existing licences, to provide that licencees shall comply with the aforesaid statutory provisions and that breach of any of the provisions of the above Act and rules shall entail cancellation/suspension of licence. This shall be done within six weeks from today."
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.
A tobacco control organization sought to enforce the provisions of the Cigarette and other Tobacco Products Act (COTPA) (Prohibition of Advertisement and Regulation of Trade and commerce Production Supply and Distribution) with respect to hookah parlors. The Court concluded that Mumbai food establishment licenses do not require compliance with COTPA. Accordingly, the Court ordered the Greater Mumbai Municipal Corporation to incorporate COTPA's terms while issuing such licenses. The Court also noted that police authorities must inform the municipal corporation officers about any violations so that licenses not in compliance can be cancelled or suspended.