MURLI S DEORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Fundamental right guaranteed under Article 21 of Constitution of India,inter alia,provides that none shall be deprived of his life without due process of law. Then why a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because he is required to go to public places Is it not indirectly depriving of his life without any process of law The answer is obviously 'yes' . Undisputedly, smoking is injurious to health and may affect the health of smokers but there is no reason that health of passive smokers should also be injuriously affected. In any case, there is no reason to compel non-smokers to be helpless victims of air pollution.

(3.) The statement of objects and reasons of (The) Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, inter alia, provides, "Smoking of cigarettes is a harmful habit and in course of time, can lead to grave health hazard. Researches carried out in various parts of the world have confirmed that there is a relationship between smoking of cigarettes and lung cancer, chronic bronchitis; certain diseases of the heart and arteries; cancer of bladder, prostrate, mouth pharynx and oesophagus; peptic ulcer etc. are also reported to be among the ill-effects of cigarette smoking."