The Kerala High Court has disposed of a public interest litigation (PIL) seeking stricter enforcement of the legal prohibition on smoking in public places, observing that the available material did not establish that the police had failed to take adequate measures.
A Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order on October 7, 2026, in a petition filed by Professor Monamma Kokkad.
Background
The petitioner approached the High Court seeking effective statewide implementation of its earlier judgment in K. Ramakrishnan & Anr. v. State of Kerala, which addressed smoking in public places. She also sought strict enforcement of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), and the rules framed under it.
The petition referred to a representation submitted to the Home Secretary on August 8, 2026. The petitioner also placed before the Court information obtained under the Right to Information Act concerning enforcement measures taken by the Kerala Police. She further suggested increasing the penalties for violations.
After examining the communication from the State Police Chief, the Bench noted that the police had reported enforcement measures and provided details of penalties recovered for violations.
The Court observed:
“The few isolated incidents may not justify a finding that the provisions of the Act of 2016 have not been complied with.”
The Bench held that the material placed before it did not support the conclusion that the police had failed to take adequate steps to implement the tobacco control law. However, it emphasised that the existing directions and statutory provisions must continue to be enforced.
The High Court directed the police to continue complying with its earlier directions in K. Ramakrishnan and strictly enforce the applicable tobacco control provisions. It also directed the relevant authorities to conduct awareness programmes explaining the legal prohibition on smoking in public places and the harmful effects of passive smoking.
The Court ordered that a copy of its order be forwarded to the concerned government departments and the State Police Chief for information and compliance.
The writ petition was accordingly disposed of.
