Indian Dental Association of U.P. State and Another v. State Of U.P. and Another
In a further development of this case, the court recognizes the directions of the Federal government requiring the state of U.P. to place restrictions on the sale and distribution of “pan masala” or “gutka” that contains tobacco. Here the court recognizes the State’s failure to implement the required restrictions and the existence of similar restrictions, with court approval, in other Indian states. The court demands implementation of the regulations within 14 days and threatens to issue a mandamus demand to the state government and the food business operators if the regulations are not implemented.
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 violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.
In a further development of this case, the court recognizes the directions of the Federal government requiring the state of U.P. to place restrictions on the sale and distribution of “pan masala” or “gutka” that contains tobacco. Here the court recognizes the State’s failure to implement the required restrictions and the existence of similar restrictions, with court approval, in other Indian states. The court demands implementation of the regulations within 14 days and threatens to issue a mandamus demand to the state government and the food business operators if the regulations are not implemented.