litigation

National Federation of the Blind v. BMTC & Ors.

October 22, 2018

This Public Interest Litigation was filed by the National Federation of the Blind (Petitioner) in the interest of persons with blindness, under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”). The petition challenged Circular No. 469/2018 dated 06.06.2018 (“Impugned Circular”) issued by the Respondent No. 1, Bangalore Municipal Transport Corporation (“BMTC”), by which the facility of free passes for Vajra (Volvo) buses to persons with total blindness was withdrawn.

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

September 1, 2016

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”.

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

August 31, 2016

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.