DHC Pulls Up Lawyer For Petition Against “Distasteful, Anti-Tobacco Imagery”

The Delhi High Court on Tuesday has pulled up a lawyer for filing a petition seeking direction to the Centre for prohibiting the display of anti-tobacco health spots having graphic or gross images during film screenings in cinema halls and on television and OTT platforms, and asked him to file an affidavit expressing regret.

A bench headed by Acting Chief Justice Manmohan, while hearing an appeal by the lawyer for expunging the remarks made against him by a single judge who dismissed his petition, stated that he needed a “course correction”.

The bench, also comprising Justice Mini Pushkarna, stated, “He must give an affidavit expressing regret and then we will expunge the remarks. Absolute regret is required in this case.”

The court observed that the government was trying to take measures to spread awareness about the harmful impact & consequences of tobacco consumption and the petition could be a “sponsered litigation”.

The court remarked as it listed the matter for hearing next on December 7, “Look at the way cancer is spreading. I completely agree with the single judge.”

Under the Cigarette & Other Tobacco Products Act rules, anti-tobacco health spots and disclaimers are being issued by the Ministry of Health & Family Welfare. These advertisements are aimed at creating awareness about the ill effects of tobacco consumption.

Furthermore, the petitioner argued before the single judge that his grievance was against the incorporation and prevalence of distasteful, gross, and graphic anti-tobacco imagery in the health spots played during the screening of movies and television programmes.

The single judge dismissed the petition earlier this year for being a “gross abuse of the process of law” and stated that the purpose of displaying distasteful, gross and graphic anti-tobacco imagery was only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and show them what they can do to their health.

The single judge stated that it was the duty of the State to take steps to ensure that the health of the citizens is protected.