TOBACCO CONTROL LAWS

Ravishankar v. Union of India

A tobacco control advocate filed a lawsuit against various government agencies seeking full enforcement of India's omnibus tobacco control law and the rules promulgated to implement the law. The advocate did not allege any specific violations of the law. After receiving information from government agencies that they plan to take appropriate action to enforce the law against violators, the court disposed of the petition. The court noted that it is not appropriate to go directly to the court for enforcement of a law if law enforcement agencies are designated.

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Ravishankar v. Union of India, W.P. No. 2497/2013, High Court of Karnataka at Bangalore (2013).

  • India
  • Oct 28, 2013
  • High Court of Karnataka at Bangalore

Parties

Plaintiff Ravishankar SS

Defendant

  • General Secretary, The Advertising Standards Council of India
  • Godfrey Phillips India LTD
  • Indian Tobacco Company LTD
  • State of Karnataka, Minister for Law Justice & Human Rights
  • State of Karnataka, Minister of Home Department
  • Union of India, Chairman, Directorate of Advertising
  • Union of India, Minister for Environment and Forest
  • Union of India, Minister for Social Justice and Empowerment
  • Union of India, Minister of Health and Family Welfare
  • Union of India, Minister of Information and Broadcasting
  • Union of India, Minister of Women and Child Development
  • Virginia Sulthan Tobacco Company LTD

Legislation Cited

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

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)
Packaging and Labeling Measures
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)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Judicial Protection
This is the right to access the court system and have the courts enforce your rights.
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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