TOBACCO CONTROL LAWS

World Lung Foundation South Asia v. Ministry of Health and Family Welfare

The World Lung Foundation South Asia contended that, in violation of India's tobacco control law (COTPA), tobacco was being sold within prohibited areas around schools. In this interim order, the Court asked the Commissioner of Police, Delhi to take appropriate steps to ensure that tobacco selling in centres, outlets, kiosks, and thelas are "absolutely stopped" within the prohibited area. Specifically, the Court ordered the Commissioner to establish a specialized task force committed to the cause within three days of the Court's opinion, and to punish any police officer engaged in protecting illegal tobacco sellers.  Further, the Court maintained that civil society has the right to know about actions taken by the police.  

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World Lung Foundation South Asia v. Ministry of Health and Family Welfare, W.P.(C) 7540/2010, High Court of Delhi at New Delhi (2011).

  • India
  • Feb 2, 2011
  • High Court of Delhi at New Delhi
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Parties

Plaintiff World Lung Foundation South Asia

Defendant Ministry of Health and Family Welfare

Legislation Cited

Related Documents

None

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

Sales to or by Minors
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

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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