The murli s deora v union of india case had a significant impact on passive smokers’ right to life. There was a period when people who don’t smoke in public places lose their lives as a result of smoking there. The Honourable Supreme Court is investigating the life of the non-smoker who is impacted by someone else’s smoking in public areas, which surely takes away from the non-smoker’s quality of life in those areas.
murli s deora v union of india Case Facts
- Murli S. Deora filed a civil writ suit in the Supreme Court of India in 1999, citing article 32 of the indian constitution to outlaw smoking in public areas. A two-judge panel made up of M. B. Shah and R. P. Sethi heard the plea.
- Almost 800,000 persons in India lose their lives to tobacco use (cigarettes) every year.
- Smoking in public places in front of nonsmokers can lead to internal health problems such chronic bronchitis, asthma, and lung cancer. Since many passive smokers die from their health in public without realizing it, smoking in public spaces is therefore illegal and violates their right to a healthy life.
- It has detrimental effects on the ecosystem in addition to health issues. It adds to the poor state of the ecological sphere and pollutes the environment.
murli s deora v union of india Issues
- Whether someone who does not smoke or who smokes passively has their right to life violated by smoking in public as stated in Article 21.
- Should smoking be outlawed in public places?
Contentions by the Parties
Petitioner:
- The petitioner claimed that the harmful components in tobacco, which are connected to a number of illnesses, including cancer, include nicotine, tar, carbon monoxide, potentially carcinogenic substances, irritants, asphyxiates, and smoke particles. Three million people are thought to die annually from illnesses brought on by tobacco use, one million of whom reside in developing countries like India.
- The World Health Organization estimates that the number of tobacco-related deaths worldwide could approach seven million annually. Smoking tobacco also has an impact on air pollution.
Respondent:
- The Attorney General and the respondents’ legal representative also argued that smoking in public places ought to be prohibited due to the harmful effects of the habit.
murli s deora v union of india Judgment
Passive smokers’ health problems are a greater worry for the general public. According to data about this worry that a wife may be impacted by her husband’s smoking habit, spouses who do not smoke may get lung cancer from their husbands’ smoke. This data was published in 1928 by Schoenherr. The primary focus of the case studied for this analysis is the harm that smokers do to those who are around them in terms of health. There are rules that mostly address the ramifications for public smoking. Some involve jail time or fines, while others involve both.
- The Supreme Court declared that smoking in public places infringes on the right to life of passive smokers.
- The Supreme Court issued an order banning smoking in public places after realizing the seriousness of the situation and the negative consequences smoking has on both smokers and passive smokers.
- Additionally, it directed the Union of India, State Governments, and Union Territories to implement the necessary policies to guarantee that smoking is not permitted in public areas, including:
- Auditoriums
- Hospitals as well as Health Institutions
- Educational Institutions
- Public Office as well as Court buildings
One of the best examples of the judiciary adopting judicial activism to bring about quick relief in situations where legislation is not yet implemented is the case of Murli S. Deora. This authority to offer guidelines regarding a certain matter is granted by article 141 of the indian constitution.
The Hon’ble Supreme Court of India has issued numerous guidelines, such as the Gaurav Jain Guidelines, which established rules for the protection of children of prostitutes, and the Vishakha Guidelines, which inspired the POSH Act. Understanding the problem of environmental health and the idea that harm to the environment eventually affects all living things is greatly aided by the case of Murli S. Deora. By outlawing public smoking in acknowledgment of everyone’s right to a healthy lifestyle and surroundings, the case has expanded the scope of Article 21.
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