An Indian businessman sued the government arguing that smoking in public sacrifices non-smokers' health and lives without due process under the Constitution of India. The Supreme Court acknowledged the harms caused by smoking and prohibited smoking in eight types of public places.
(2001) 8 SCC 765; AIR 2002 SC 40; 2002 (1) ALD 88 SC; 2001 (6) ALT 35 SC
India
Jan 1, 2001
Supreme Court
Parties
Plaintiff
Murli S. Deora
Defendant
Union of India and Others
Legislation Cited
Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, 2001
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
An Indian businessman sued the government arguing that smoking in public sacrifices non-smokers' health and lives without due process under the Constitution of India. The Supreme Court acknowledged the harms caused by smoking and prohibited smoking in eight types of public places.