A public interest organization sued the government asking it to prohibit the sale, manufacture, and storage of all forms of tobacco and to study the contents of cigarettes, beedis, and other products for smoking tobacco. The court took note of the extensive information submitted by the petitioner about the huge loss of life and impacts on health due to tobacco use. The court noted that although the petition had been filed nearly a year earlier, the government had not yet provided a response. The court ordered the government to respond to the petition within six weeks from the date of the decision.
The Libra India v. Union of India, P.I.L. No. 1600/2013
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 to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
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.
"The facts stated in the petition for writ and the documents annexed thereto clearly indicate huge loss of human life and human health due to use of tobacco. Though the writ petition was filed in the month of February 2013, no reply has been filed despite service. Surprisingly enough, the State of Rajasthan and Union of India have also not cared to make their representation in the matter. Looking to the seriousness of the issue agitated, we deem it appropriate to direct Dr. Pushpendra Singh, Additional Advocate General and Mr. A.K. Rajvansy to accept notices on behalf of the State of Rajasthan and the Union of India respectively. Mr. Jagat Tatia is already appearing on behalf of the respondent No.3, Chairman, Food Safety and Standards Authority of India, New Delhi. The respondents are directed to submit their stand with regard to the cause agitated in this petition for writ within a period of six weeks 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.
A public interest organization sued the government asking it to prohibit the sale, manufacture, and storage of all forms of tobacco and to study the contents of cigarettes, beedis, and other products for smoking tobacco. The court took note of the extensive information submitted by the petitioner about the huge loss of life and impacts on health due to tobacco use. The court noted that although the petition had been filed nearly a year earlier, the government had not yet provided a response. The court ordered the government to respond to the petition within six weeks from the date of the decision.