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Supreme Court Order - Murli S. Deora Versus Union of India and Others

supremecourt IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. 316 OF 1999

Murli S. Deora (Petitioner) Versus Union of India and Others (Respondents)

O R D E R

Heard the learned counsel for the parties.

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.

The statement of objects and reason 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 hazards. 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."

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Tobacco Facts

Tobacco use is one of the biggest public health threats the world has ever faced.

There are more than one billion smokers in the world.
Globally, use of tobacco products is increasing, although it is decreasing in high-income countries.
Almost half of the world's children breathe air polluted by tobacco smoke.
The epidemic is shifting to the developing world.
More than 80% of the world's smokers live in low- and middle-income countries.
Tobacco use kills 5.4 million people a year - an average of one person every six seconds - and accounts for one in 10 adult deaths worldwide.
Tobacco kills up to half of all users.
It is a risk factor for six of the eight leading causes of deaths in the world.