Tobacco Somking and Health hazards. CASE

K. Ramakrishanan v. State of Kerala AIR 1999 Kerala

This is an original petition highlighting public health issue of the dangers of passing smoking and in which prayers were made to declare that smoking of tobacco in any public places is illegal, unconstitutional violative of Art. 21 of the constitution of India.

The High Court allowing the petition issued following directions:

i) directed the state of Kerala to promulgate and under Sec. 133 (a) Cr. P.. Prohibiting public smoke within one month.

ii) Tobacco smoking in public places falls with mischief of the penal provisions relating public manners.

iii) The State Government to enforce the penal provisions that the individuals practice the individual practice of smoking in public place is discouraged.

iv) The continued omissions and inaction of respondents to comply with the constitutional mandate to countenance smoking amounts to a negation constitutional guarantee of decent living as provided under Art. 21 of the constitution.