Deora v. India & Ors

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
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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

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

“Undisputedly smoking is injurious to health and may affect the health of smokers but there is no reason that health of passive smokers should also be injuriously affected. In any case there is no reason to compel non-smokers to be helpless victims of air pollution...Realising the gravity of the situation and considering the adverse effect of smoking on smokers and passive smokers, we direct and prohibit smoking in public places . . .”