“Learned counsel for the petitioner states that hookah smoking in public space results in second hand smoke which is a health risk for people who do not smoke, as it contains smoke from the tobacco as well as smoke from the heat source used in the hookah. He also states that hookah smoking could lead to spread of communicable diseases as bacterial isolates are often found in hookah hoses. He further states that uncontrolled sale and promotion of tobacco products through various e-commerce platforms is in direct violation of existing legal frameworks, specifically the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. He submits that the same also infringes upon the public’s right to health and safety under Article 21 of the Constitution of India.”
Jagatmitra V. Union of India
Jagatmitra Foundation v. Union of India through Ministry of Health and Family Welfare & ORS, W.P.(C) 11429/2024 (2024)
- India
- Aug 20, 2024
- High Court of Delhi
The petitioner initiated public interest litigation about the illegal online sale of tobacco and related products and sought to establish stricter mechanisms for regulating online sales. The court instructed the Ministry of Health and Family Welfare to take the necessary action to address the online sale of tobacco and related products.