Doctors for You, a non-governmental organization, sued the State of Bihar seeking implementation of various provisions of the Cigarette and Other Tobacco Products Act (COTPA). In response to the petition, the court ordered that signs informing the public about the negative effects of tobacco be posted at all government primary, secondary, and post-secondary schools as soon as possible. Additionally, the court ordered the local police to create a monthly report about enforcement of the Act and submit the report to various government agencies.
Doctors For You v. State of Bihar, Civil Writ Jurisdiction Case No.14729 of 2013, High Court of Judicature at Patna (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.
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.
"Learned counsel further referred to the Monthly Crime Report, 2014 generated by the same Cancer Awareness Society, Patna on the basis of the reports received from the Patna High Court Government authorities that amount of fine realized from those who are violating the provisions of the Act is nominal, which is indicative of the fact that those who are entrusted with execution of the Act are not putting in serious efforts for appropriate execution of the Act, which is causing health hazards to the populace of the State, more prominently to the weaker sections of the society. In this background, it is submitted that this Court should direct the Nodal Officer under the Act to put up display board indicating the bad effect of tobacco use in every Government primary, secondary, +2 schools as early as possible, if not already put up. He further submitted that the Superintendent of Police of every district should be directed to take a report about the execution of the Act from the Officer-in-Charge and others of the police station in monthly crime meeting and then to submit report to the State Crime Bureau for being processed by the Home (Police) Department for appropriate action in the matter with information to the Home Commissioner, Health Secretary and the Chief Secretary of the State. Such report should be sent to the State Crime Bureau and the Home Secretary within a reasonable time at least before the next crime meeting and such process should be continued on regular basis. We direct accordingly."
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.
Doctors for You, a non-governmental organization, sued the State of Bihar seeking implementation of various provisions of the Cigarette and Other Tobacco Products Act (COTPA). In response to the petition, the court ordered that signs informing the public about the negative effects of tobacco be posted at all government primary, secondary, and post-secondary schools as soon as possible. Additionally, the court ordered the local police to create a monthly report about enforcement of the Act and submit the report to various government agencies.