TOBACCO CONTROL LAWS

Kerala Voluntary Health Services v. Union of India, et al.

Kerala Voluntary Health Services (Kerala VHS) sued the Union of India, et al. to enforce the provisions of India's omnibus tobacco control law, COTPA.  Kerala VHS claimed that the Union of India, et al. had been negligent in enforcing COTPA as evidenced by the tobacco industry's facilitating smoking in films and engaging in sale of tobacco near educational facilities.  The Court observed that Indian Constitution's right to freedom of speech and expression is circumscribed by the Constitution's right to life and found that provisions of COTPA had been violated.  To remedy these violations, the Court imposed measures for compliance and appropriate implementation mechanisms for such measures.

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Kerala Voluntary Health Services v. Union of India, et al., WP No. 38513, High Court of Kerala at Ernakulam (2012)

  • India
  • Mar 26, 2012
  • High Court of Kerala at Ernakulam

Parties

Plaintiff Kerala Voluntary Health Services

Defendant

  • Director General of Police
  • General Board of Film Certification
  • State of Kerala
  • Union of India

Legislation Cited

Ministry of Information Broadcasting Notification S.O. 836(E), Section 5B(2) Cinematograph Guidelines, December 6, 1991

Ministry of Health and Family Welfare Notification G.S.R. 561(E), September 1, 2004

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

Ministry of Health and Family Welfare Notification G.S.R. 417(E), May 30, 2008

Art. 21 of the Constitution of India (Right to Health)

G.S.R. 137(E) COTPA Rules, 2004

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
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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