MAHESH BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) "To cease smoking is the easiest thing I ever did, I ought to know because I have done it a thousand times', said Mark Twain. Smoking is a habit which has permeated ages its harmful effects well- known. It is a habit most difficult to give up but the consequences are so damaging not only to the person indulging in it but to other people in and around him that it has formed a part of a larger debate worldwide leading to passing of necessary legislations to discourage it. The strength to give it up, however, often comes from within rather than without in the form of any legislations.

(2.) THE subject itself has bred controversies in different forms. The impact of smoking by way of representation in films and media has formed the basis of two erudite judgements of my brother Judges who have, however, agreed to disagree on a crucial aspect of it without there being any disagreement on the harmful effects of it. It is this disagreement which has resulted in the present reference.

(3.) A reading of the aforesaid Preamble shows that the said Act is not only a child of the world opinion to discourage smoking but is also in furtherance of the constitutional mandate contained in Article 47 of the Constitution of India for improvement of public health. There is a huge amount of statistics available on the damaging effects of this habit affecting the society at large and class suits have been filed in the USA and other countries successfully. The Union of India, thus, in terms of Section 2 of the said Act found it expedient in public interest to take under its control the tobacco industry and deal with various aspects under the provisions of the said Act.