Rishabh Kapur seeks a prohibition on the direct and indirect advertisement and promotion of the production, sale, and consumption of cigarettes, tobacco products, liquor or other intoxicants on the internet and a direction to the Ministry of Communication & Information Technology to frame laws in this regard. Although the court noted that it could not direct the ministry to frame a policy or legislate, there is no prohibition on the ministry itself from considering the matter. The court accordingly dismissed the matter, but directed that the writ petition be considered as a representation to the ministry to consider and if appropriate express a view within three months.
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.
Rishabh Kapur seeks a prohibition on the direct and indirect advertisement and promotion of the production, sale, and consumption of cigarettes, tobacco products, liquor or other intoxicants on the internet and a direction to the Ministry of Communication & Information Technology to frame laws in this regard. Although the court noted that it could not direct the ministry to frame a policy or legislate, there is no prohibition on the ministry itself from considering the matter. The court accordingly dismissed the matter, but directed that the writ petition be considered as a representation to the ministry to consider and if appropriate express a view within three months.