Why Tobacco is Res Extra Commercium?

Scientist and experts across the globe have unequivocally proved that tobacco use kills half of its user in their lifetime if they do not stop using tobacco. While enacting the Cigarettes and Other Tobacco Products Act, 2003, the Parliament considered the resolutions of the 39th and 43rd World Health Assemblies that inter alia called Parties; “to protect children and young people from being addicted to the use of tobacco” and the Parliament also in all its wisdom acknowledged that, it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to accomplish improvement of public health in general as commanded by article 47 of the Constitution. It is sufficiently clear from COTPA that the legislators considered tobacco as “res extra commercium” as far as minors are concerned but also expressed their intent to prohibit tobacco consumption to improve public health to meet the obligation under Article 47 of the constitution. The regulation and the resulting ban on gutkha and pan masala with tobacco were again challenged and once again came before the Apex Court’s consideration in Ankur Gutkha vs. Indian Asthma Care Society. And therefore, in view of the Apex Court’s order in Ankur Gutkha case and observation of the Allahabad High Court in M/s Khedal Lal & Sons vs. State of UP, the state action to impose restrictions and or prohibitions on tobacco, given its colossal public health burden, must be upheld.