2001 (11) TMI 1057 - SC - Indian Laws

Public smoking ban upheld as violation of fundamental rights under Article 21, emphasizing health risks.

Murli S. Deora Versus Union Of India And Ors.

Murli S. Deora Versus Union Of India And Ors. - 2001 Supp (4) SCR 650 (2001) 8 SCC 765 Issues:Violation of fundamental right under Article 21 of the Constitution of India by passive smoking in public places, harmful effects of smoking on health, necessity to prohibit smoking in public places, statutory provisions for prohibiting smoking in public places, and the need for effective steps to ensure compliance.Violation of Fundamental Right under Article 21:The judgment addresses the issue of whether passive smoking in public places violates the fundamental right guaranteed under Article 21 of the Constitution of India, which states that no one shall be deprived of their life without due process of law. The Court emphasizes that non-smokers should not be afflicted by diseases like lung cancer or heart issues due to exposure to secondhand smoke in public places. The harmful effects of smoking on both smokers and passive smokers are acknowledged, leading to the conclusion that compelling non-smokers to endure air pollution is unjust and indirectly deprives them of their right to life without due process of law.Necessity to Prohibit Smoking in Public Places:The judgment discusses the necessity of prohibiting smoking in public places due to the harmful effects of tobacco smoking on health. The Court highlights the relationship between smoking and various diseases, such as lung cancer, chronic bronchitis, heart diseases, and cancer of different organs. The adverse impact of smoking on public health is recognized, with statistics indicating a significant number of deaths annually attributed to tobacco-related illnesses. The Court emphasizes the need to protect non-smokers from the harmful effects of passive smoking and stresses the importance of implementing measures to prohibit smoking in public spaces.Statutory Provisions and Legislative Actions:The judgment mentions the existing statutory provisions and legislative actions aimed at prohibiting smoking in public places. It refers to the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, and the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, 2001. The Court notes that while efforts are being made to introduce laws to restrict smoking in public areas, immediate action is required to address the adverse effects of smoking on public health. The State of Rajasthan and Delhi are highlighted for their initiatives in passing laws to prohibit smoking in specific public spaces.Effective Steps for Compliance:The judgment emphasizes the need for effective steps to ensure compliance with the prohibition of smoking in public places. The Court directs the Union of India, State Governments, and Union Territories to take necessary actions to prohibit smoking in various public settings, including auditoriums, hospital buildings, educational institutions, and public conveyances like railways. It is stressed that individuals not engaging in smoking should not be subjected to passive smoking due to the actions of smokers. The Court also instructs the Registrar General to inform relevant authorities and request compliance reports within a specified timeframe, demonstrating the seriousness of enforcing the prohibition effectively.In conclusion, the judgment addresses the violation of fundamental rights due to passive smoking in public places, advocates for the prohibition of smoking in such settings, highlights existing statutory provisions and legislative actions, and emphasizes the importance of taking effective steps to ensure compliance with the prohibition to safeguard public health.