TOBACCO CONTROL LAWS

Suo Motu v. State of Gujarat & 5

The Petitioner sought to enforce the smoke-free provisions of the India's Tobacco Control Law ("COTPA") with respect to hookah parlors. After an investigation, the Court found that all hookah parlors were operating in accordance with COTPA and its implementation rules and disposed of the case. The Court also noted that the State will periodically inspect hookah parlor establishments to ensure compliance.

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Suo Motu v. State of Gujarat & 5, Special Civil Application No. 4857 of 2009, High Court of Gujarat at Ahmedabad (2010).

  • India
  • Jul 12, 2010
  • High Court of Gujarat at Ahmedabad

Parties

Plaintiff Suo Motu

Defendant

  • Ahmedabad Hukka Bars Asso.
  • Ahmedabad Municipal Corporation
  • Insaf Trust
  • Police Commissioner
  • State of Gujarat
  • Virasat Hospitality Pvt. Ltd. Thro' Direct. Govindbhai Patel

Legislation Cited

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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

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.
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