Supreme Court Guidelines

CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2003

CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT 
AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY 
AND DISTRIBUTION) ACT, 2003

SMOKING IN PUBLIC PLACES: PROHIBITED
Murli S. Deora v. Union of India and Others
AIR 2002 SC 40: (2001) 8 sec 765: 2001 (8) SCALE 6: 2001 (6) ALT 35
Writ Petition (Civil) 316 of 1999
Dated: November 02, 2001
BENCH: Justices M.B. Shah and R.P. Sethi.

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:

(1) Auditoriums

(2) Hospital  buildings

(3) Health institutions

(4) Educational institutions

(5) Libraries

(6) Court buildings

(7) Public offices

(8) Public conveyances including railways

Learned Attorney-General for India, assured the court that the Union of India shall take necessary effective steps to give wide publicity to  this order of electronic  as well as print media to make the general public aware of this order of prohibition of smoking.

We further direct the registrar-general to intimate the State Governments/Union Territories as well as the commissioners of police as mentioned  in our  orders dated  31- 8-2001 and 28-9-2001 of this Court with directions  for  submission  of  their  compliance report in this Court within five weeks from today. The Union of India shall also file its response at the earliest.

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