THE REPUBLIC OF INDIAIN THE HIGH COURT OF KERALA AT ERNAKULAM(CORAM: AG.CJ SRI.AR.LAKSHMANAN & JUSTICE SRI. K.NARAYANAKURUP)
K. RAMAKRISHNAN AND OTHERS........................PETITIONERS
VERSUSSTATE OF KERALA AND OTHERS........................RESPONDENTS
BEFORE: NARAYANA KURUP. J.
This petition highlights the public health issues of the dangers of passive smoking and in which
prayers were made to declare that smoking of tobacco in any form, in public places was illegal
and violated the Constitution of India. The petitioners were seeking an order for mandamus
commanding the respondents to take appropriate and immediate measures to prosecute and
punish all persons guilty of smoking in public places treating the said act as satisfying the
definition of ‘public nuisance’.
HELD:
- Public smoking of tobacco in any form is illegal and unconstitutional and therefore the
District Collectors of all districts of the State of Kerala who are joined as additional
respondents should promulgate an order prohibiting public smoking within one month
and also take appropriate measures to prosecute all persons found smoking in public
places by filling a complaint before the competent Magistrate and also through
sensitization. - Tobacco smoking in public places falls within the mischief of Penal provisions relating to
public nuisance as contained in the Penal Code and also air pollution as contained in the
statutes dealing with the protection and preservation of the environment in the Air
(Prevention and Control of Pollution) Act, 1981 - The continued omission on the part of the respondents to comply with the Constitutional
mandate to protect life and recognise the inviolability of dignity of mankind amounts to a
negation of their Constitutional guarantee of decent living provided by the Constitution of
India.
Petition allowed