A Public Interest Litigation was filed in MURLI S. DEORA V. UNION OF INDIA, AIR 2002 SC 40, seeking order for banning of smoking in public places. The court through Judicial Activism and interpreting Art. 21 of the Constitution, considered the adverse effect of smoking on smokers as well as non-smokers and consequently directed the Central, all State Governments and Union Territories to immediately issue orders banning smoking in public places like hospitals, health institutions, public offices, public transports including railways, court buildings, educational institutions, libraries, auditoriums, etc.
The logic behind such direction was that the fundamental right to life under Art. 21 of the Constitution , inter alia, provides that the non-smokers shall not be deprived of their right to life without due process of law. Smoking is not only affecting the smokers but is also indirectly affecting the life of the non-smokers, which is a violation of their fundamental right. Thus, there is no reason that health of passive smokers should be injuriously affected and also no reason to compel non-smokers to be helpless victims of air pollution. Hence, smoking in public places is banned , as directed by the Supreme Court of India.
Post Contributed By:
Souradeep Rakshit
Indian Institute of Legal Studies
