TOBACCO CONTROL LAWS

Crusade Against Tobacco v. Union of India, et al.

The plaintiff, Crusade Against Tobacco, an Indian NGO, filed a public interest litigation against the Government of India, alleging the lack of enforcement and compliance with the conditions on smoking areas required for obtaining an “eating house” license. The said conditions have been incorporated by a circular, the legality of which was upheld in a previous decision. Following the Central Government Act regarding restaurant licenses, the high court affirmed that contravening the terms and conditions of the license could lead to prosecution and punishment for each offence with fines. Further, the court held that officers mentioned in the Central Government Act were competent to punish and collect fines, in case of violation of the said conditions, from owners or any other person in charge of the restaurant with smoking areas. 

DOWNLOAD DOCUMENT

Crusade Against Tobacco v. Union of India, et al., PIL-111.sxw, High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction (2011).

  • India
  • Oct 5, 2011
  • High Court of Judicature at Bombay
View Case History

Parties

Plaintiff Crusade against Tobacco

Defendant

  • Others
  • Union of India

Legislation Cited

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Ministry of Health and Family Welfare Notification G.S.R. 417(E), May 30, 2008

Office Memorandum dated 27 July 2011 of Government of India in Ministry of Health and Family Welfare regarding the serious consequences of smoking or chewing tobacco

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by