Smoking in public places - Duty to maintain health and environment - Public Places - tobacco
Smoking of tobacco in any form whether in the form of cigarettes, cigars, beedies, or otherwise in public places like Educational Institutions, Hospitals, Shops, Restaurants, Commercial Establishments, Bars, Factories, Cinema theatres Parks, Walkways, stadium, places of amusement, bus-stops, bus-stations, railway stations, railway compartments buses and other public transport vehicles, highways or other place where the people congregate is illegal, unconstitutional or violative of Art. 21. Maintenance of health and environment falls within the purview of Art.21 of the Constitution. A health body is the very foundation for all human activities. [K.Ramakrishnan vs State of Kerala1999(2) KLT 725 = 1999(2)KLJ 139 = ILR 1999(3) Ker 383 = AIR 1999 Ker 385. AR.Lakshmanan & K.Narayana Kurup (JJ) ] [
Constitution of India -- Article 21 -- right to life-Prohibition of smoking in public places -- why 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? Is it not indirectly depriving of his life without any process of law? -- held the persons not indulging in smoking cannot be compelled to or subjected to passive smoking on account of acts of the smokers -- direction to prohibit smoking in public places [ Murli.S.Deora vs Union of India. Writ Petition No. 316 of 1999. Dated 2nd November, 2001. M.B.Shah & R.P.Sethi (JJ)]
Constitution of India - Art.21 - Duty of the police to see that orders banning smoking in public place are implemented strictly.
Smoking in a bus, by the driver will amount to Contempt of court. Total indifference to the judgment of the court banning smoking in public place, the respondent would not have ventured to indulge in smoking while driving the vehicle thereby blatently violating the judgment of the court besides causing a threat to the lives of several innocent passengers traveling in the bus. [Nebu John vs Babu. 2000(1) KLT 238. AR.Lakshmanan & K.Naryana Kurup(J&J)] [
Constitution of India - Smoking - Bunks shall not provide lighters for ssmoking in public places - Directions to enforce the above judgments.
All lighter devices installed in all shops and bunks shall be dismantled and removed and/or put out forthwith if necessary by police aid. In establishments like cinema theatres officers of the local authority are hereby directed to make surprise inspection and in case of violations are detected appropriate action be taken- Interim order - [ Institute of Social Welfare vs State of Kerala. CMP.No. 37139/99 in O.P.No. 22492/1999. Dated 21-6-2000. K.Narayayan Kurup & K.A.Mohammed Shafi (J&J)]