Author: Rohan Hebbal, Intern at STUDENT OF THE BAR, student of NIRMA UNIVERSITY
Facts:
The instant case is a writ petition, filed in the Supreme Court of India under Article 32 of the Constitution of India by Murli S. Deora, regarding the prohibition of smoking in the public places. The two-judge bench comprising of M. B. Shah and R. P. Sethi heard the petition.
In the petition, it is pointed out that tobacco smoking contains harmful contents including nicotine, tar, potential carcinogens, carbon monoxide irritants, asphyxiates and smoke particles which are the cause of many diseases including the cancer. It is alleged that three million people die every year as a result of illness related to the use of tobacco products of which one million people belong to developing countries like India. The World Health Organization is stated to have estimated that tobacco related deaths could rise to a whopping seven million per year. According to this organization, in the last half century in the developing countries alone smoking has killed more than sixty million people. Tobacco smoking also adds to the air pollution. Besides cancer, tobacco smoking is responsible for various other fatal diseases to the mankind.
Procedural History:
It was duly submitted in the Supreme Court of India that there are statutory provisions being made for prohibiting smoking in public places and a bill on such as been introduced in the parliament, but is pending for consideration before the Select Committee. Further, it was submitted that states like Rajasthan and Delhi have provisions regarding the prohibition of smoking in public places. In addition, Rajasthan government have passed Act No. 14 of 2000 to provide for prohibition of smoking in place of public work or use and in public service vehicles for the state.
Issue Raised:
Whether a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because he is required to go to public places?
Whether it not indirectly depriving of his life without any process of law?
Rule:
Article 21 of the Constitution of India guarantees Protection of life and personal liberty, and provides that no one shall be deprived of life without due process of law.
Analysis:
The Supreme Court said, while upholding the provisions of Article 21 of the Constitution of India, that smoking is injurious to health and may affect the health of smokers but there is no reason that health of passive smokers should also be injuriously affected. Further, stated that in any case there is no reason to compel non-smokers to be helpless victims of air pollution. The court during its previous hearing on 31st August, 2001, had passed an order for implementing 1975 Act which stated the relationship between smoking of cigarettes and lung cancer, chronic bronchitis, certain diseases of the heart and arteries caner of bladder, prostrate, mouth pharynx and oesophagus among other ill effects of cigarette smoking. Both the state and the councils submitted their considerations and smoking in public places is required to be prohibited.
The court stated that it would be in the interests of the citizens to prohibit the smoking in public places till the statutory provision is made and implemented by the legislative enactment. The persons not indulging in smoking cannot be compelled to or subject to passive smoking on account of acts of the smokers.
Conclusion:
The Supreme Court, by upholding the provisions of Article 21 of the Constitution of India, held that by realizing the gravity of the situation and considering the adverse effect of smoking on smokers and passive smokers, we direct and prohibit smoking in public places and issue directions to the Union of India, State Governments as well as the Union Territories to take effective steps to ensure prohibiting smoking in public places, namely:
· Auditoriums
· Hospital Buildings
· Health Institutions
· Educational Institutions
· Libraries
· Court Buildings
· Public Office
· Public Conveyances, including Railways.
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