RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an Original Petition highlighting the public health issue of the dangers of passive smoking and in which prayers are made to declare that smoking of tobacco in any form, whether in the form of cigarette, cigar, beedies or otherwise in public places is illegal, unconstitutional and violative of Article 21 of the Constitution of India; issue a writ in the nature of mandamus or such other writ commanding the respondents to take appropriate and immediate measures to prosecute and punish all persons guilty of smoking in public places treating the said act as satisfying the definition of public nuisance as defined under Section 268 of the Indian Penal Code. We heard Mr. P. Deepak, Counsel for the petitioners the Advocate General for the State and Counsel for other respondents.

(2.) In the Writ Petition originally there were only respondents 1 to 9 viz., State of Kerala, Director of Panchayat, Director General of Police, Commissioners of Police, Thiruvananthapuram, Kochi and Kozhikode and Commissioners of Thiruvannthapuram, Kochi and Kozhikode Municipal and Corporations. During the pendency of the Original Petition this Court SUO motu impleaded additional respondents 10 to 52 on whom service is complete.

(3.) Before proceeding to discuss the legal issues arising in this original petition, we feel that it is useful to refer to certain facts and figures of startling revelations, which has a direct bearing on the dangers of smoking, active and passive, and its horrifying impact on public health. On smoking Generally