- (1.) BASED on certain reports of World Health Organization on the ill effects of use of tobacco and tobacco products on human health, this public interest litigation petition seeks to challenge the provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as 'Tobacco Act, 2003'). The petitioners have sought declaration from the Court that the said Act is ultra vires to the provisions of Articles 14 and 21 of the Constitution of India.
(2.) HEARD Sri Amitabh Thakur -petitioner no.1, who appeared in person. Learned Additional Solicitor General of India has been heard for sole respondent -Union of India.
(3.) QUOTING extensively from a report by the World Health Organization and also from some scientific study and research papers, the petitioners have highlighted in the writ petition the ill effects of tobacco and other tobacco products on those who in one form or the other use the same. The tobacco and other tobacco products have been identified as substances causing adverse effect on various organs of human body and also for causing various diseases which are fatal in nature. Heart attack, strokes, chronic obstructive pulmonary disease, hypertension and cancer are only a few to name. Highlighting the toxicological risk of use of tobacco products, it has been submitted by the petitioners that it would be in public interest, if the respondent -Union of India is directed to completely ban all kinds of sale, purchase, preparation, manufacturing and import etc. of cigarette or any other tobacco product except for medicinal or scientific purposes in a manner akin to the manner provided for under the relevant provisions of Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner no.1, who argued the petition, has submitted that the tobacco products not only cause ill effects on health of the persons using the same but in certain cases even to those who do not directly consume the tobacco products such as cigarettes. He further stated that passive smokers or the second hand smokers also put their lives and health to risk of causing disease.;