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.  

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

Parties

Plaintiff World Lung Foundation South Asia

Defendant Ministry of Health and Family Welfare

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"In view of the aforesaid, while we like the respondent-State to file the counter affidavit to the allegations made within a period of four weeks, we would like the Commissioner of Police, Delhi to take appropriate steps in this regard so that the tobacco selling in these kind of centres, outlets, kiosks or for that matter thelas are absolutely stopped within the prohibited area. The Commissioner of Police, Delhi shall constitute a specialized task force who is committed to the cause within three days from today which shall take action taking note of the places mentioned in the rejoinder affidavit and also see to it that these kind of clandestine activities are not carried on. Any police officer of any rank giving any kind of protection to any such illegal tobacco sellers shall be departmentally proceeded against so that the police authorities must also realize that they cannot be complacent and silent spectator when law is broken with impunity. Action taken must be visible to the society and the civil society must know and has a right to know that appropriate action has been taken by the police. It is the duty of the police to satisfy the society and the collective at large that the law and order situation really exists and is not a show of a red carrot to the citizenry."