PIL in SC Seeks to Raise Smoking Age to 21, Ban on Sale of Loose Cigarettes

Supreme Court Advocates LAW INSIDER

Paridhi Arya

Published on June 1, 2022 at 15:43 IST

Advocates Shubham Awasthi and Rishi Mishra filed Public Interest Litigation (PIL) before Supreme Court seeking to give direction to the Central Government by increasing the legal age to smoke is 21 years and to ban on sale of loose cigarettes.

This Petition was filed under Article 32 of Constitution of India evoking the Writ of Mandamus and/or any other Writ which deems fit by the Court to pass order or direction to the Respondent to form guidelines to remove smoking zone from commercial place, banning sale of lose cigarettes near educational and healthcare institutions and near place of worship, increasing the age of smoking.

The Petitioners submitted that in India among adolescents cigarette smoking is an increasing trend due to peer pressure. At adolescent age children want to do the same thing what their elders do so that it gives them pleasure by thinking that they are mature.

The Petition stated that products like cigarette affect the right of citizens to be healthy. The easy accessibility to the cigarette influence people to smoke.

In the report of World Health Organisation of 2018 it was stated that tobacco consumption is on prevalence in India. It also stated that youth is more prone to Cardio Vascular Diseases. In India 9.5% of all deaths is because cigarette smoking.

The report mentioned in Petition of October 2021, a survey conducted in Bangalore shows that only 1.9% of total establishments have license for smoking zones. The fact shows that in category of age group of 16-64 years of smokers India ranked 2nd.

The Journal of Nicotine and Tobacco Research shows that India spending Rs. 567 Billion annually in health care due to second hand smoking. This is a great economic burden on India.

Smoking not only destroys lungs but also cause loss of vision which is a serious concern for Country like India which has the highest population of blinds.

The result of Petition is for benefit of all who believe that they have a Right to Live in healthy environment included in Right of Freedom of Expression and Right to Live the Life to the fullest are Modern Pillars of Participatory Democracy.

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