"Publicity Interest Litigation": Supreme Court Dismisses Plea To Raise Smoking Age To 21, Ban Sale Of Loose Cigarettes

Rintu Mariam Biju

22 July 2022 10:22 AM GMT

  • Publicity Interest Litigation: Supreme Court Dismisses Plea To Raise Smoking Age To 21, Ban Sale Of Loose Cigarettes

    The Supreme Court on Friday dismissed a petition seeking to raise the smoking age to 21 years and to ban the sale of loose cigarettes.A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia came down heavily on the Petitioner during the hearing today."Are you an advocate?......I don't like the task of imposing costs on Advocates. But I will do it. Are you doing this for publicity?...

    The Supreme Court on Friday dismissed a petition seeking to raise the smoking age to 21 years and to ban the sale of loose cigarettes.

    A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia came down heavily on the Petitioner during the hearing today.

    "Are you an advocate?......I don't like the task of imposing costs on Advocates. But I will do it. Are you doing this for publicity? Don't create publicity by filing these matters. It's a publicity interest litigation. It's really sad to see Advocates resorting to such tactics....That too, by Advocates. Really..."

    When the matter came up for hearing today, the advocate appearing for the petitioner pointed out that,

    "I'm raising many serious issues. If you go to the Mumbai Airport, you'll see a smoking zone"

    During the hearing, the petitioner also referred to a fact sheet released by the World Health Organization in 2018 on the prevalence of tobacco consumption in India. It had quoted the younger population in India has an increased chance of Cardio-Vascular Diseases. And, tobacco among which cigarettes are a major contributor, is killing 9 million people in India or 9.5% of all deaths in India.

    But these submissions didn't convince the Bench, who proceeded to dismiss the petition.

    As per the petition, products like cigarettes, especially in the country, are affecting the right to health of the citizens. The petitioner states that fellow citizens are feeling the plight and the way they are being targeted through the increasing menace of smoking and being influenced to smoke by making cigarette smoking more accessible.

    The petition had also sought to formulate new guidelines to remove smoking zones from commercial places and airports, increasing the age of smoking, banning sale of loose cigarettes near educational institutions, healthcare institutions and places of worship.

    Case Title: Shubham Awasthi and Anr vs Union of India

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