Publications

Tobacco Subsidies or Public Health

This is a report of Karnataka Level Workshop and Consultation with researchers and experts on public health and tobacco control laws conducted on May 23rd 2016.

Events

A Consultation on Tobacco Subsidies or Public Health

CLPR will hold a State-level consultation in order to get inputs from various stakeholders interested in the removal of tobacco subsidies. These stakeholders include representatives from civil society and public health NGOs, academia and community organisers.

Publications

Right to Public Health

The article is about a Public Interest Litigation filed in the High Court of Karnataka, Bangalore on the pitiable state of the government hospitals in Bangalore which are short of doctors, beds and equipment, thereby raising pertinent questions about public health being a right for people. The court, however, has taken up this issue quite seriously and this is very essential given the state of government hospitals now. One hopes that more pressure is applied to ensure quality in public healthcare because this is a basic constitutional right in a welfare state.

Blog

Public Hearing on 26th Oct on Aadhaar related denial of Social Security

In 2013, the Supreme Court passed an order categorically stating that no person should suffer for not getting the Aadhaar card and warned that only persons entitled to the card under the law should have it. In 2015, the Supreme Court passed a judgment which, among other things, directed the government to ‘give wide publicity in electronic and print media that it is not mandatory for a citizen to obtain an Aadhaar card.’ Despite these orders, Aadhaar has been linked to every aspect of people’s lives. While there has been much opposition to the invasion of privacy by the Aadhaar scheme, the systemic denial of basic entitlements to the most vulnerable citizens has not been highlighted with the same vigour.

Blog

Day 12: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

The Counsel began by explaining that, as on 28th September 2015, the Ministry of Health and Family Welfare (MHFW) had stated that the impugned 2014 Amendment Rules would come into force on the 1st of April 2016. After the Parliamentary Committee on Subordinate Legislation (PCSL) gave its Final Report against the implementation of the impugned 85% health warnings, the Counsel submitted that the MHFW should have rescinded its notification.

Blog

Day 6: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

The Counsel for the Tobacco Institute of India continued with his arguments on Day 6 of the hearing before the Karnataka High Court. The Counsel began by referring to a constitutional challenge to pictorial health warnings that were imposed on tobacco products, in the United States in the case of R.J. Reynolds v. FDA. The petitioners, in this case before the Trial Court (No. 11–1482, 2012 WL 653828) and consequently, the Court of Appeal [No. 11-5332 (D.C. Cir. Aug. 24, 2012)], sought to have this mandatory imposition declared as constituting “compelled speech”.

Blog

Day 5: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

The hearing before the Hon’ble Karnataka High Court continued on Day 5 as the counsel for the Tobacco Institute of India cited decisions of the Indian and the US Supreme Courts, in support of the existence of a right to commercial speech within the ambit of Article 19(1)(a). The arguments on this day, focused mainly on proving that the petitioner’s right to commercial speech is being curtailed by the impugned rules notified by the Government which excessively restrict the ability to advertise on the packaging of tobacco products.

Blog

Day 3: Arguments Before the Karnataka High Court on Validity of Health Warnings for Tobacco Product Packaging

One of the other arguments made today by the Petitioners was alleging lack of legislative competence of the Central Government to enact the COTPA and promote it as a public health measure since the same is a state subject. It also argued that the Supreme Court held in Ghodavat Pan Masala case that COTPA is not a legislation for the furtherance of public health. This argument will be explored in subsequent proceedings before the High Court.

Blog

Day 1- Arguments Before the Karnataka High Court on Validity of Health Warnings for Tobacco Product Packaging

CLPR is representing the Consortium for Tobacco Free Karnataka as an Intervenor on the grounds of public health. Starting today, we are reporting the summary of arguments taking place every day in court in these matters. A report of the court proceedings would not only serve as information for the public health community in the country to be aware and upto date with these proceedings, but also to document the arguments made in these petitions as these proceedings are one of the most important ones in the field of tobacco and public health in the country today.

Blog

Day 2: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

The thrust of Day 2’s arguments by the Petitioners was on highlighting how the 2014 amendment to the 2008 Packaging and Labelling rules was an act of excessive delegated legislation. He referred to Tobacco Board Act, 1975 and, the now repealed Cigarettes (Regulation of Production, Supply, and Distribution) Act, 1975. The counsel made a submission that they were mainly aggrieved by the rules and therefore, they would focus mostly on pointing out the lack of constitutionality of the rules and the fact that it was an act of delegated legislation rather than focusing on the constitutionality of the act per se.’

Blog

The Mental Health Care Bill 2012: An Overview

After India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into force in 2008, there was a clear need to overhaul the existing disability laws in India to bring them in compliance with the UNCRPD. It is in pursuance of this that the Mental Health Act 1987 (“MHA”) is sought to be replaced the new Mental Health Care Bill 2012 (“2012 Bill”). This is a brief overview of the 2012 Bill.

Publications

Smoking out the Elephant in the Room

In this article, the author calls for the implementation of internationally accepted guidelines to protect public health policies from being influenced by the vested interests of the tobacco industry. This article was written with reference to Rules that made it mandatory for health warnings to cover 85% of the total display area on packages of tobacco products. The author suggests several proactive measures to address conflicts of interest.

Publications

Behind the Smokescreen

In this article, Jayna Kothari and Aparna Ravi highlight the conflicts of interest between the government and the tobacco industry and note how the intervention of the tobacco industry led to the indefinite suspension of the proposed tobacco packaging rules by the Indian Government. The new rules mandate that warnings should cover up to 85% of the cigarette packaging. The halt in implementation indicates the industry’s influence on government policy making and the serious implications this can have on public health. The article concludes that immediate steps need to be taken to isolate the tobacco industry from the Government’s policy-making wing.

Blog

Packing a Punch: How the Ban on Sale of Loose Cigarettes Was Shelved in a Week

Discussion and debate on regulation of tobacco sale must highlight that it is not the concern of the Government to safeguard tobacco company shares. It is, however, unquestionably the duty of the Government to ensure that every sale of cigarette is accompanied by a statutory warning and that regulations do not make it easier for children to afford and access cigarettes.

Blog

Pakistan’s Historic Transgender Rights Act: A step towards Trans Equality

The Parliament of Pakistan passed The Transgender Persons (Protection of Rights) Act on May 8th 2018 marking a historic victory for the trans community in Pakistan. The Act, which protects the rights of gender non-conforming persons and outlaws discrimination both by the State as well as private entities and persons, grants an individual the right to self identity their gender.

Blog

Akrama-Sakrama: Regularisation of Illegal Constructions

A rapid growth in urban populations has led to a growing and increasingly unsustainable demand for housing in cities. In several cases, governments have resorted to regularisation of illegal constructions. The Karnataka government re-introduced such a scheme by making statutory amendments in 2015 whereby owners of illegal constructions could get them regularised on payment of a fee. This scheme will have disastrous consequences for town-planning and development across the state.

Publications

Rights in Review – The Supreme Court in 2014

Rights in Review is a CLPR publication which analyses 15 key judgements ruled by the Supreme Courtin 2014. This publication is aimed at acquainting the reader with various aspects of fundamental rights protection and the relevance and impact of the decisions in public life.