In the interest of public health, and pursuant to the Regulations of 2011 issued by the Food Safety Standards Authority of India, the Government of Karnataka issued a notification on 30th May, 2013, banning the manufacture, sale and storage of gutka within the entire state of Karnataka.
Ghodawat Pan Masala (I) Pvt. Ltd., filed a Writ Petition before the Dharwad Bench of the Karnataka High Court on the ground that this notification was an impediment to its fundamental right of freedom of trade and profession guaranteed by Article 19(1)(g) of the Constitution of India.
CLPR, on behalf of Cancer Patients Aid Association, sought to implead itself in the Petition before the Dharwad Bench. CLPR made the argument that the current application would enable them to place relevant research material and interim orders of various other High Courts regarding similar matters before this bench of the Karnataka High Court. The arguments were made keeping in mind the right to health guaranteed under Article 21 and the obligation of the State to maintain public health under Article 47 of the Constitution of India.
Although the application of CLPR was rejected, the Karnataka High Court took CLPR’s arguments into consideration and passed an interim order on 25th June, 2013, refusing to grant relief sought by the Petitioners, thereby upholding the ban of gutka within the state.