Divyam Aggarwal v. Union of India

Petitioner objected to rules requiring health warnings and disclaimers to be displayed during films shown at movie theaters, on television, and on over-the-top (OTT) streaming services on the grounds that the required imagery is “distasteful, gross [and] graphic.” The court dismissed the petition, finding that the required warnings are in the public interest as it is the "duty of the State to take steps to ensure that health of the people is protected." The court also warned that the petition was a "gross abuse of the process of law" and warned petitioner against filing frivolous petitions in the future.

Divyam Aggarwal v. Union of India, 2023:DHC:7145, High Court of Delhi (2023).

  • India
  • Sep 20, 2023
  • High Court of Delhi

Parties

Plaintiff Divyam Aggarwal

Defendant Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

None

"With a view to deter people from smoking tobacco and tobacco products, the Government of India has brought in advertisements to educate people about the ill effects of tobacco and tobacco products. The graphic description given in these Government issued advertisements which, according to the Petitioner, are gross and graphic imagery, are in fact meant to be eye-openers for the people not to use tobacco and tobacco products and is, therefore, in public interest. The purpose of display of distasteful, gross, graphic anti-tobacco imagery in the health spots played during the screening of movies and TV programmes is only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and to show them what tobacco can do to their health. 12. It is the duty of the State to take steps to ensure that health of the people is protected. The present Writ Petition is a gross abuse of the process of law. Off late, this Court is seeing that Public Interest Litigation, which was actually a tool for providing voice to the voiceless, is being used to achieve private gains and the present Writ Petition is also one such Petition which has been backed by the tobacco industry lobby to prevent the Government from creating awareness against tobacco, which, as stated earlier, is the sole cause responsible for a number of ailments among men and women."