Delhi High Court Declines PIL Seeking Ban on Tobacco Sale and Consumption Near Temples

Post By 24law
January 22, 2025

Pranav B Prem

The Delhi High Court recently dismissed a Public Interest Litigation (PIL) that sought a prohibition on the sale and consumption of tobacco products near temples and other religious sites. The Court observed that such matters fall within the purview of regulatory authorities, which are empowered to act in accordance with the law if any violations are found.

Bench’s Observations

The division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela stated that regulatory authorities must take action as per the provisions of the Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003, if there is any breach.

"Needless to state that if the concerned authorities find any violation of the Cigarette and Other Tobacco Product (Prohibition of Advertisement and Regulation of Trade and Commerce Act), 2003 or any rules made thereunder, the authorities are required to take the necessary action in accordance with law," the bench remarked.

The PIL’s Claims

The PIL, filed by a temple pujari, Abhimanyu Sharma, highlighted the need to prohibit the sale and consumption of tobacco products near temples to maintain the sanctity of such places. It also sought:

Directions to prevent tobacco vendors from selling non-tobacco products like candies, chips, and soft drinks, particularly to prevent access by children.
Implementation of a licensing system for tobacco vendors, as per the guidelines issued by the Ministry of Health and Family Welfare.
Measures to uphold the sanctity and purity of worship places, ensuring they are free from the influence of tobacco-related activities.

Court’s Decision

While acknowledging the concerns raised in the petition, the Court deemed it inappropriate to entertain the matter as a PIL. It emphasized that the existing laws, such as the 2003 Act, already empower the authorities to regulate and take action against violations concerning the sale and consumption of tobacco products.

Background of the Petition

The petitioner argued that the sale of tobacco products near temples adversely affects the spiritual atmosphere and sanctity of worship places. He contended that stricter enforcement mechanisms were necessary to curb such activities and maintain the dignity of religious institutions. The petition also referenced a communication from the Ministry of Health and Family Welfare, which had previously highlighted the importance of registering tobacco vendors with municipal authorities and restricting the sale of non-tobacco items to ensure compliance with the law.

Cause Title: MANDIR PUJARI SH ABHIMANYU SHARMA v. GOVT OF NCT OF DELHI & ORS