Region: Asia
Year: 2012
Court: High Court of Delhi at New Delhi
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Tags: Lung disease, Noncommunicable diseases, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
The petitioner contended that restaurants in prohibition of Tobacco Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008 are running Hookah Bars. The petitioner prayed that the respondent be directed to incorporate in the license, compliance with the Tobacco Act as a condition.
The Court allowed the writ petition. It directed that the Municipal Corporations incorporate a condition in their licenses to comply with the provisions of the Tobacco Act, 2003 and breach of the said rules will lead to cancellation of the license.
“[we further direct the Municipalities as well as the Delhi Police to, upon finding any violation by any of the Hotels, Restaurants, Eating Houses and Food Joints of the provisions of the COTPA or the Rules framed thereunder, immediately in accordance with law, cancel the license and take such other steps as may be necessary / required in law.” (para 16 iii)