Ramakrishnan and Anr. v. State of Kerala And Ors.
Ramakrishnan and Anr. v. State of Kerala and Ors., AIR 1999 Kerala 385, High Court of Kerala (1999).
- Jul 12, 1999
- High Court of Kerala
Type of Litigation
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
Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Type of Tobacco Product
Plaintiff, K. Ramakrishnan, sought to have smoking declared a criminal public nuisance under the Indian Penal Code. The High Court of Kerala reviewed the existing literature on the health threat posed by smoking and environmental tobacco smoke and urged the Government of India to fulfill its obligations under pre-FCTC WHO resolutions. While the court declined to order the government to enact conforming legislation, it declared smoking in public a punishable offense in Kerala and concluded that smoking in public violated the right to life guaranteed under Article 21 of the Constitution of India.