TOBACCO CONTROL LAWS

Society of Alternative Media and Research v. Government of Punjab (WP No. 25011-2011)

A non-governmental organization petitioned the Punjab government asking that the 2002 Non-Smokers Health Ordinance's ban on tobacco use in public be applied to “shisha” (water pipe smoking) in cafés. The court ordered enforcement authorities to strictly enforce the law. As a result of this decision, restaurants and cafes in Punjab Province cannot legally serve “shisha”.

Society of Alternative Media and Research v. Government of Punjab, WP No. 25011-2011, Lahore High Court (2011).

  • Pakistan
  • Nov 7, 2011
  • Lahore High Court
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Parties

Plaintiff Society of Alternative Media and Research (SAMAR)

Defendant

  • Capital City Police Office, Lahore
  • Government of Punjab
  • Home Department
  • Ministry of Law, Punjab
  • Provincial Police Office Punjab, Lahore
  • Punjab Health Department

Legislation Cited

Prohibition of Smoking in Enclosed Places and Protection of Non-smokers Health Ordinance, 2002

Related Documents

Supporting Documents Writ Petition

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)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
"The Government of Punjab has not issued any notification regarding designated smoking areas. As a result he submits that all public places are smoke free areas. In the above context he submits that public places, including restaurants and cafes, are offering "Shisha" to smokers which is violative of the prohibition contained in the Ordinance. As the powers under the Ordinance have been delegated to the Provincial Government, therefore submits that the respondents no. 2 to 6 may be directed to take steps to enforce the law."
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