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The 13th World Conference on Tobacco OR Health

Building capacity for a tobacco-free world

July 12-15, 2006, Washington, DC, USA



Thursday, July 13, 2006 - 3:30 PM
67-1

Public Interest Litigation: an Important Weapon in the Fight against Tobacco – Indian Experience

Kinner Chandrakant Shah, Dr, Surgical Oncology, International Movement Promoting Action Against Cancer & Tobacco IMPACT, 401 Narayan Complex, Opp. Havmor Restaurant, B/h Navrangpura Bus Stand, Ahmedabad, India

Objective: The main objective of filing a Public Interest Litigation (PIL) was: 1 To wake up the Government from its lethargy and make them aware of their social and moral responsibility and force them to take a proactive stand against various issues pertaining to tobacco and tobacco industry. 2 To generate media & public awareness. 3 To see the effect of a new synergy – doctor – patient - consumer organization.

Methods: A PIL was filed in the High Court of the State of Gujarat by a Cancer Surgeon (author), A 36 years old Patient of Tongue Cancer & The Consumer Education & Research Society in October 2000 against the State Departments of Health & Family Welfare, Departments of Finance & Revenue & Commissioner, Food & Drug Administration. Issues from testing of tobacco products, making their reports public, revenue generated from tobacco industry, compensation to victims, etc were addressed. Photographs of pre & postoperative patients of tobacco related cancer were provided.

Results: The photographs and stories of patients afflicted with cancer created a terrific impact with the honorable judge immediately passing an order to look into the matter at the earliest. Positive Media Coverage and Intense Public Opinion led to the case being transferred to the Supreme Court. Parliamentary committee was created. Finally legislation banning use of tobacco in public places was passed. Significance of a medical doctor participating in such a law suit was established with the judiciary taking special cognizance of the fact.