Research
Legal Assistance Project  

          The ongoing legal assistance project is in collaboration with the Campaign for Tobacco Free Kids (CFTFK).

          Objectives:          

          Undertake legal actions including litigation, where appropriate, to promote tobacco control goal, to hold accountable those that violate laws relating to tobacco control, and to promote efforts to enforce existing tobacco control laws.     

          Assist other non-governmental organization to initiate and undertake legal actions to promote tobacco control goals, to hold accountable those that violate laws relating to tobacco control, and to promote efforts to enforce existing tobacco control laws.    

          Provide other legal advice and assistance to promote tobacco control goals in India. 

          Achievements:

          Ban on hookah parlors in State of Maharashtra:

          Healis provided the legal assistance to the petitioner Crusade against Tobacco in Hookah matter (Crusade against Tobacco V. Union of India) in Bombay High Court. In the given case a landmark judgment was passed putting a complete ban on hookah parlours in State of Maharashtra. As per the High Court directions the compliance of smoke free provisions of Cigarettes and Other Tobacco Products Act, 2003 where incorporated in the license issued to restaurants and eateries by Brihanmumbai Municipal Corporation under the Mumbai Municipal Corporation Act, 1888.

          Current Status: The case was disposed of by a final order dated October 5, 2011

          Ban on Gutka and Pan Masala under Food Safety and Standard Act, Rules and Regulations:

          Healis provided the legal support to the Intervener (ACT India) in the Writ Petition filed by the Gutka manufacturers against the Notification issued by the Food Safety Commissioner under Food Safety and Standard Act and Regulation putting a complete ban on sale, manufacture, and distribution of gutka and pan masala in the State of Maharashtra. The division bench comprising of Chief Justice Mohit S. Shah and Justice Nitin Jamdar, rejected the plea of gutka and pan masala manufacturers and upheld the State notification banning the sale, manufacture, distribution of gutka and pan masala in State of Maharashtra. The court denied grant of any type of interim relief.

          Current Status: The Gutkha manufacturers have moved to Supreme Court against the Bombay High Court Order. The matter is pending in Supreme Court.

          Inclusion of Section 6 (Prohibition on sale of tobacco products to minors and prohibition on sale of tobacco products within 100 yards of educational institutions) of COTPA as part of licensing conditions of all licensed trades, including pan shops:

          Advocacy with higher officials of Municipal Corporation of Greater Mumbai for bringing Section 6 of Cigarettes and Other Tobacco Products Act, 2003 (“Act”) (Ban on sale of cigarettes and other tobacco products to a person below the age of 18 years and ban on sale of cigarettes and other tobacco products within 100 yards of any Educational Institutions) under the license of the Municipal Corporation. Provided assistance to the Municipal Corporation in drafting of the Circular issued to all shops selling tobacco products for better compliance of the Act.

          Ongoing Activities:

          • Consistent advocacy with State Government officials and agencies for better implementation of Tobacco control laws in State.
          • Representing Healis in high profile meeting with the ministers of State and other government officials and providing legal input as and when required.
          • Regular coordination with the external counsels and Lawyers looking after the tobacco matters in Supreme Court.
           
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