A public interest lawsuit requested implementation of the rule requiring educational institutions to post a sign stating that cigarettes and other tobacco products may not be sold within a 100 yard radius of a school. The court found this requirement mandatory and ordered the state government’s Education Department to instruct all schools to implement the rule before the start of the 2014-2015 academic year.
Dinar Yashwant Sohoni v. State of Maharashtra, PIL No. 98 of 2013, High Court of Bombay (2014).
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.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
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.
"Perusal of the relevant provisions of the Act and the above Rules, 2009 makes it clear that the duty cast upon the owner/manager/person incharge of affairs of the educational institution is mandatory and merely because no consequences are provided for noncompliance with the said Rule 3 does not mean that Rule 3 is of no consequence.
Education Department of the State Government shall accordingly issue instructions to all the educational institutions in the State to implement Rule 3 of the Cigarettes and Other Tobacco Products (Display of Board by Educational Institutions) Rules, 2009. Such instructions shall be issued well in time, so that boards are displayed by all educational institutions as per the provisions of Rule 3 of the Rules before commencement of next academic year i.e. academic year 201415."
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 public interest lawsuit requested implementation of the rule requiring educational institutions to post a sign stating that cigarettes and other tobacco products may not be sold within a 100 yard radius of a school. The court found this requirement mandatory and ordered the state government’s Education Department to instruct all schools to implement the rule before the start of the 2014-2015 academic year.