MURLI S. DEORA V. UNION OF INDIA
(2001) 8 SCC 765
FACTS
Regulation of tobacco and tobacco smoke was an uncommon notion across the world until the 1970s
In India, there was no dedicated act of Parliament towards this. Only the Cigarettes Act (Regulation of Production, Supply and Distribution), 1975 existed which mandated a warning to be displayed on cigarette packs.
Only a few scattered subordinate legislations at the State level prohibited smoking in public places. A Bill regarding a new tobacco regulation was pending in Parliament in 2001 but did not cover this aspect. Murli S. Deora, a prominent politician, businessperson and activist, filed this writ petition before the SC in 1999 as a PIL seeking a ban on smoking in public places.
CONTENTIONS
The petitioner’s main push was regarding the harmful effects of smoking not just on smokers but on non-smokers as well.In addition to the carcinogenic nature of the components of a cigarette, the petition had also pointed out how cigarette smoke adds to air pollution affecting one’s right to clean air.
The existence of subordinate legislation and the Bill also added weight to the Petitioner’s arguments.
The AG argued that second-hand smoke is harmful for the citizens and hence an order should be passed prohibiting smoking in public places until legislative actions is taken.
HELD
The court cited Article 21, which prohibits the depravation of life or liberty without due process of law. Since non-smokers have to use public spaces, the fact of being subjected to second-hand smoke, is equivalent to depriving them of life without the due process of law.
Considering the dangerous effects of smoking, with almost 60 million people dead in the last 50 years due to tobacco, the court passed the order prohibiting smoking in public places until the legislative enactment was in place.
Directions were issued to the Centre, States, and UTs to take action to ensure this prohibition in the following places: Auditoriums, Hospital Buildings, Hospital Institutions, Educational Institutions, Libraries, Court Buildings, Public Office, Public Conveyances including Railways.