MURLI S. DEORA versus UNION OF INDIA AND ORS.

MURLI S. DEORA versus UNION OF INDIA AND ORS.

Smoking in public places deprives non-smokers of their right to life indirectly under Article 21 and cannot be permitted. There is no reason to compel non-smokers to be helpless victims of air pollution. Smoking in public places is prohibited and directions must be given to enforce this prohibition until a legislative enactment is made.

Parties
Petitioner: Murli S. Deora; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
02 November 2001
Procedural Posture
Writ Petition (civil) / Civil Original Jurisdiction, Orders for Prohibition of Smoking at Public Places Pending Compliance Reports
Outcome
Directions issued prohibiting smoking in public places and directing authorities to take effective steps; matter pending with compliance reports to be filed.
Legal Topics
Right to Life, Air Pollution, Smoking in Public Places
Constitutional Law Environmental Law Public Health Right to Life Air Pollution Smoking in Public Places

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Murli S. Deora

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Civil Original Jurisdiction, Orders for Prohibition of Smoking at Public Places Pending Compliance Reports

Legal Issues

  1. 1 Whether smoking at public places violates the fundamental right to life of non-smokers under Article 21 of the Constitution of India
  2. 2 Whether prohibition of smoking in public places is required until legislative enactment is made

Ratio Decidendi

Smoking in public places deprives non-smokers of their right to life indirectly under Article 21 and cannot be permitted. There is no reason to compel non-smokers to be helpless victims of air pollution. Smoking in public places is prohibited and directions must be given to enforce this prohibition until a legislative enactment is made.

Court Disposition

Directions issued prohibiting smoking in public places and directing authorities to take effective steps; matter pending with compliance reports to be filed.

Orders

  • Smoking prohibited in public places including auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices, public conveyances including railways.
  • Union of India, State Governments, and Union Territories directed to take effective steps to ensure prohibition of smoking at public places.