Miraj Products Pvt. Ltd. v. Indian Asthama Care Society & Ors.
Miraj Products Pvt. Ltd. v. Indian Asthama Care Society & Ors., SLP (Civil) No(s). 19467-19469/2007, Supreme Court of India (2011).
- Feb 17, 2011
- Supreme Court of India
Plaintiff Miraj Products Pvt. Ltd.
Defendant Indian Asthama Care Society & Ors.
Plastic Waste (Management and Handling) Rules, 2011
Type of Litigation
Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Action against Government to Advance the Public Interest
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.
Tobacco Control Topics
Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)
Type of Tobacco Product
Smokeless tobacco products
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.
The Court heard several interim applications concerning a previous Court order that called for the notification of rules to restrain manufacturers of gutkha, tobacco, and pan masala from using plastic material in the sachets of their products. The Court found there was no justification to modify the order and rejected the petitioner's request to extend the implementation date. The Court, however, accepted an application that prayed for leave to challenge the rules and to seek direction to the Ministry of Environments and Forests to identify alternative forms of safe packaging for gutkha, tobacco and pan masala.