Piush Ahluwalia vs. Union of India

Piush Ahluwalia challenged the Ministry of Health & Family Welfare's August 28, 2018 ENDS advisory.  The court dismissed the petition with the observation that the advisory is not binding.  

Piush Ahluwalia vs. Union of India, W.P.(C) 12163/2018, High Court of Delhi (2018).

  • India
  • Nov 4, 2018
  • High Court of Delhi at New Delhi
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Parties

Plaintiff Piush Ahluwalia

Defendant Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product

"The petitioner contends that the said advisory is violative of the petitioner’s fundamental rights under Article 14, 19 and 21 of the Constitution of India inasmuch as it deprives the petitioner from exercising its discretion to use the aforesaid products. According to the petitioner, the said products are less harmful than cigarettes and are used by smokers to quit the habit of smoking. The petitioner has also referred to the study carried out by Executive Agency of the Department of Health and Social Care, Public Health England, which indicates that e-cigarettes are 95% safer than smoking Paper Roled Cigarettes (PRCs). This Court does not consider that any interference with the said advisory is warranted, as the same is an advisory which is required to be considered by the State Governments/Union Territories. The said advisory is not binding and it would be open to the respective states and union territories to take an informed decision in this regard. In any event, the petitioner is at liberty to challenge any action that may be taken by the State Governments/Union Territories in accordance with law."