Manjinder Singh Sirsa requests the court to direct government authorities to prevent air pollution in restaurants and bars. Mr. Sirsa specifically alleges that hookahs contain hazardous substances and that the Delhi Pollution Control Committee should take action under the Air (Prevention and Control of Pollution) Act, 1981. By contrast, the government contends that hookahs are not hazardous. Noting that hookah is listed in the tobacco products schedule contained in India's omnibus tobacco control law, COTPA, the court dismissed the matter, finding that it did not possess jurisdiction to hear the application as its jurisdiction extends only to environmental questions.
Manjinder Singh Sirsa v. Union of India, No. 610 of 2017, National Green Tribunal (2019).
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.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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.
"It would be relevant to mention here that Delhi Pollution Control Committee has specifically stated in its reply that the provision of Air (Prevention and Control of Pollution) Act, 1981 does not apply on indoor air quality as till date MoEF/CPCB has not framed any standards for indoor air quality. Suffice it to say that the reports and studies referred to by the Counsel for the Applicant may be based on scientific formulas but breach or violation of any environmental law would come into play only when the standards prescribed by MoEF or CPCB are violated. It is only in such a situation that it can be said that there is violation of environmental law namely Air (Prevention and Control of Pollution) Act, 1981."
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.
Manjinder Singh Sirsa requests the court to direct government authorities to prevent air pollution in restaurants and bars. Mr. Sirsa specifically alleges that hookahs contain hazardous substances and that the Delhi Pollution Control Committee should take action under the Air (Prevention and Control of Pollution) Act, 1981. By contrast, the government contends that hookahs are not hazardous. Noting that hookah is listed in the tobacco products schedule contained in India's omnibus tobacco control law, COTPA, the court dismissed the matter, finding that it did not possess jurisdiction to hear the application as its jurisdiction extends only to environmental questions.