Doctors for You, a humanitarian organization, sued the State of Delhi urging the government to implement a ban on gutkha, pan masala, and other forms of chewing tobacco. The court ruled that because that the Delhi government is considering the matter, it would dispose of the petition for now with an opportunity for refiling if no action is taken by the government.
Doctors for You v. State of Delhi, W.P.(C) 5103/2012, High Court of Delhi at New Delhi (2012).
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.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
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.
"The petitioner in this petition has highlighted a very serious problem relating to ill effects of consumption of tobacco in the form of Gutkha, Pan Masala and other forms of chewing tobacco etc. It is pointed out that Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 in this regard has not been implemented by the Government of NCT of Delhi by issuing necessary directions though steps have already been taken by many other States. It is also pointed out that Government of India, Ministry of Health and Family Welfare has already written to various State Governments in this regard and the copies of those letters are also annexed with this petition. The petitioner has also annexed a Newspaper Clipping of Times of India dated 31.07.2012 and as per which Delhi's Health Minister Dr. A.K. Walia had given a statement that Sale and manufacture of chewable tobacco products like gutka will soon be banned in the city. It is further reported that eight States including Haryana, Madhya Pradesh and Bihar had already imposed a ban. Since Government of NCT of Delhi is considering the matter, we are not passing any particular directions today and in the process, we also take note of the statement of Mr. Najmi Waziri, learned counsel for GNCTD that this petition shall be treated as representation and proper decision shall be taken within two weeks."
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 humanitarian organization, sued the State of Delhi urging the government to implement a ban on gutkha, pan masala, and other forms of chewing tobacco. The court ruled that because that the Delhi government is considering the matter, it would dispose of the petition for now with an opportunity for refiling if no action is taken by the government.