Kerala Voluntary Health Services v. Union of India, et al.

Kerala Voluntary Health Services (Kerala VHS) sued the Union of India, et al. to enforce the provisions of India's omnibus tobacco control law, COTPA.  Kerala VHS claimed that the Union of India, et al. had been negligent in enforcing COTPA as evidenced by the tobacco industry's facilitating smoking in films and engaging in sale of tobacco near educational facilities.  The Court observed that Indian Constitution's right to freedom of speech and expression is circumscribed by the Constitution's right to life and found that provisions of COTPA had been violated.  To remedy these violations, the Court imposed measures for compliance and appropriate implementation mechanisms for such measures.

DOWNLOAD DOCUMENT

Kerala Voluntary Health Services v. Union of India, et al., WP No. 38513, High Court of Kerala at Ernakulam (2012)

  • India
  • Mar 26, 2012
  • High Court of Kerala at Ernakulam

Parties

Plaintiff Kerala Voluntary Health Services

Defendant

  • Director General of Police
  • General Board of Film Certification
  • State of Kerala
  • Union of India

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None