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).
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 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)
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.
A claim of a violation of a tobacco control law or statute.
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.
"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."
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 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.