Indian Asthama Care Society & Or. v. Rajasthan & Ors.

The Indian Asthama Care Society and other plaintiffs in similar cases sought to restrain the manufacturers of gutkha, tobacco, and pan masala from selling their products in plastic sachets and urged the Court to impose a fine on the manufacturers for the pollution caused by the sachets.  The Court, deciding for all the cases, recognized the danger of plastic to the environment and emphasized the right of all people to unpolluted environment and the State's obligation to protect the environment.  The Court ordered an examination of the sachets to determine whether they contain plastic and stated that if they do, the manufacturers must pay a fine.  Furthermore, the Court restrained the manufacturers from using plastic material in their sachets and ordered them to comply "in letter and spirit" with Cigarettes and Other Tobacco Products (Prohibition Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COPTA).

Indian Asthama Care Society & Or. v. Rajasthan & Ors., CWP No. 1966/2003, High Court of Judicature for Rajasthan at Jaipur (2007).

  • India
  • Aug 29, 2007
  • High Court of Judicature for Rajasthan at Jaipur
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Parties

Plaintiff Indian Asthama Care Society

Defendant State of Rajasthan

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"Finding sachets of Gutkha, Tobacco and Pan Masala lying scattered at public places, the petitioners have approached this Court with the request to invoke `The Pollutor pays Principle' and impose fine on the manufacturers of Gutkha, Tobacco and Pan Masala. The “pollutor pays principle” implies that the absolute liability to harm the environment extends upon the pollutor not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. The principle provides that where the environment has been damaged/ degraded on account of pollution, the pollutor would be liable to compensate the individual sufferers and to pay the cost of restoring the damaged ecology."