Court directs continued police vigilance and awareness campaigns following isolated violations under Cigarettes and Other Tobacco Products Act, 2016
In a recent Public Interest Litigation (WP(PIL) No. 195 of 2026) dated October 7, 2026, the Kerala High Court (Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M.) reaffirmed the importance of enforcing the statutory prohibition against smoking in public places as mandated under the Cigarettes and Other Tobacco Products Act, 2016. The petitioner, Prof. Monamma Kokkad, sought strict implementation of the Act and cited a previous Kerala High Court judgment in K. Ramakrishnan v. State of Kerala (1999) which laid down directions for enforcement.
The Court examined the petitioner's contention that the directions from the earlier judgment had not been fully implemented. However, based on a Right to Information (RTI) response from the State Police Chief, the Court noted that the Kerala Police have undertaken adequate steps to enforce the smoking ban, including imposing penalties on violators. The police's proactive approach was evidenced by the furnishing of data on penalties recovered for violations.
Emphasizing that isolated incidents of non-compliance do not indicate systemic failure, the Court held that there is no ground to claim inadequate enforcement of the Act. The Court instructed the police and other respondent authorities to continue strict enforcement of the provisions and to adhere to the directions laid down in the K. Ramakrishnan case.
Furthermore, the Court mandated the state authorities to conduct public awareness programs to educate citizens about the legal prohibition on smoking in public places and to highlight the health hazards associated with passive smoking. This directive aims to complement enforcement efforts with greater public understanding and compliance.
The judgment thus balances enforcement with public education, reinforcing the state's commitment to a smoke-free environment in public places, in line with legislative intent to protect public health.
Bottom Line:
Public Interest Litigation - Enforcement of statutory prohibition against smoking in public places - Mere isolated incidents of violation do not justify a finding that the provisions prohibiting smoking in public places are not being complied with when police have taken adequate measures - Authorities directed to continue strict enforcement and conduct awareness programmes on prohibition of smoking in public places and harmful effects of passive smoking.
Statutory provision(s): Cigarettes and Other Tobacco Products Act, 2016; Right to Information Act, 2005
Prof. Monamma Kokkad v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2994126
