Punjab & Haryana HC Seeks Response From Union, State Govt On Class 10 Student's Plea To Prevent Minors From Accessing Tobacco Items From Online Platforms

The Punjab & Haryana High Court on Saturday, has sought response from Union Government and state authorities on Public Interest Litigation (PIL) filed seeking prohibition on access of tobacco items to minors from online platforms.

While noting the gravity of the issue  Acting Chief Justice G.S.  Sandhawalia and Justice Lapita Banerji issued notice to Union Government, State Governments of Punjab, Haryana, UT Chandigarh and various other authorities.

Tejaswin Raj ,a 15-year-old class X student who appeared in person, has moved High Court, drawing attention to the rising prevalence of smoking and vaping (using electronic cigarettes) among school students, citing the easy accessibility of tobacco products through online platforms and social media.

"Despite different legislations in the shape of 'The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003' and 'The Prohibition of Electronic Cigarettes Act. 2019', it is publicly evident that many young adults, youths and even teenagers in the Tricity...are openly consuming tobacco products especially electronic cigarettes due to is easy availability by the name of vape openly in different public places..." added the plea.

Raj stated in the plea that in order to demonstrate to the Court, he ordered a pack of cigarettes from an online platform by simply checking the box confirming he is above 18 years old.

It was surprising "to see that the same was delivered within 9 minutes and even the delivery partner did not inquire about his age or objected to the said purchase," the petitioner stated.

In the light of the above, the plea also seeks formulating a monitoring committee to be supervised by a panel of three retired High Court judges, to completely prohibit the illicit trade and unauthorised selling of tobacco item online.

The matter is listed for July 24, for further consideration.

Dheeraj Jain, Sr. Standing Counsel, Sahil Garg advocate for UOI.

Title: Tejaswin Raj through his guardian/authorized representative Anshu V. UOI & Ors.