W.P.(C) 12402/2023 Page 1 of 10

$~84

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 20^th SEPTEMBER, 2023

IN THE MATTER OF:

+

W.P.(C) 12402/2023

DIVYAM AGGARWAL

..... Petitioner

Through:

Mr. Divyam Aggarwal, Petitioner in

person.

versus

UNION OF INDIA & ANR

...... Respondents

Through:

Mr. Chetan Sharma, ASG with Mr.

Ajay Digpaul, CGSC, Mr. Amit

Gupta, Ms. Swati Kwatra, Mr. Kamal

Rattan Digpaul, Mr. Ghanshyam Jha

and Ms. Ishita Pathak, Advs. for UOI.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT(ORAL)

CM APPLs. 48954/2023 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 12402/2023

1.

Petitioner has approached this Court for a writ/direction to the

Respondent for prohibiting the display of anti-tobacco health spots during

films in cinemas, on TV and on OTT, which contain graphic or gross

images.

2.

It is stated that the present Writ Petition has been filed due to the

incorporation and prevalence of distasteful, gross, graphic anti-tobacco

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:03.10.2023

15:01:35

Signature Not Verified

W.P.(C) 12402/2023 Page 2 of 10

imagery in the health spots played during the screening of movies and TV

programmes.

3.

The health risks associated from smoking tobacco and related

products are multifarious in nature. Smoking is widely recognized as a

pivotal factor responsible for the onset of lung cancer, chronic obstructive

pulmonary diseases (COPD), and a significant contributor to coronary heart

disease. Additionally, it has been linked to a plethora of health issues,

including different types of cancer, cerebrovascular and peripheral vascular

diseases, and peptic ulcer disease. Smokers also experience a higher

frequencies of acute respiratory illnesses.

4.

Cigarette smoke, comprising suspended particles of gaseous nature, is

a complex blend of thousands of compounds due to incomplete combustion

of tobacco leaves. Notable components of smoke linked to health issues are

nicotine, predominantly in the particulate-phase, and carbon monoxide in the

gaseous state. Smokers face seventy percent higher mortality rate than non-

smokers and such risks escalate in proportion to the duration and quantity of

smoking.Excess mortality in smokers’ leading contributors are Coronary

heart diseases, followed by lung cancer and COPD. Smoking significantly

shortens life expectancy and specifically, tobacco smoke, when dissolved in

saliva and ingested, exposes the upper gastrointestinal tract to carcinogens.

5.

A strong link between smoking and lung cancer is shown in various

prospective and retrospective epidemiological studies, supported by autopsy

findings. Lung cancer has held the position of the leading cause of cancer-

related deaths among men since the 1950s and surpassed breast cancer as the

leading cause of such deaths in women in 1985. Male smokers face a much

higher risk of developing lung cancer and is also correlated to the number of

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:03.10.2023

15:01:35

Signature Not Verified

W.P.(C) 12402/2023 Page 3 of 10

cigarettes smoked. Additionally, there is also compelling evidence linking

smoking to cancers of the larynx, oral cavity, and esophagus, with the risk

intensifying with increased exposure to cigarette smoke, whether active or

passive.

6.

Epidemiological research moreover proves associations between

smoking and cancers of the bladder, pancreas, stomach, and uterine

cervix.Cigarette smoking is also important factor for coronary artery disease.

Both retrospective and prospective epidemiological studies have established

a substantial connection between smoking and coronary morbidity and

mortality in both men and women. Smokers face a 70 percent higher