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.
Rishabh Kapur v. Union of India, W.P.(C) 3615/2016, High Court of Delhi (2017).
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.
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship.
(See FCTC Art. 13)
Substantive Issues
None
Type of Tobacco Product
None
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.
"While, it may not be permissible for us to issue a direction to the respondent to frame a policy or legislate on the subject matter of the writ petition, however, there is no prohibition on the respondent to themselves consider the matter which is certainly of importance and to make a policy decision or frame guidelines or even to effect the aments in the pending Rules. It is, therefore, directed that the present writ petition be treated as a representation by the respondents who would consider the same, and if deemed appropriate, take a view, in the matter as noted above within a period of three months from today . . . ."
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.
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.