TOBACCO CONTROL LAWS

Cancer Patients Aid Association v. Karnataka Health and Family Welfare Department

Cancer Patients Aid Association alleged that government subsidies to tobacco farmers violate India's omnibus tobacco control law, COTPA, and the Framework Convention on Tobacco Control.  The court directed that all relevant departments of the Central and Karnataka Governments take steps to reduce the local demand and supply of tobacco products; provide for the rehabilitation of tobacco farmers and tobacco-related workers such as beedi workers; and reconsider the government’s policy on subsidies and incentives for tobacco cultivation for local consumption.  

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Cancer Patients Aid Association v. the State Government of Karnataka Health and Family Welfare Departmetn and Ors., W.P. 55697/2014, High Court of Karnataka at Bengaluru (2015).

  • India
  • Jun 1, 2015
  • High Court of Karnataka at Bengaluru

Parties

Plaintiff Cancer Patients Aid Association

Defendant

  • State Government of Karnataka Department of Agriculture
  • State Government of Karnataka Health and Family Welfare Department
  • The Karnataka State Anti-Tobacco Cell
  • The Tobacco Board
  • Union of India Ministry of Commerce and Industry
  • Union of India Ministry of Health and Family Welfare

Legislation Cited

Constitution of India

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)

Substantive Issues

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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