1 Research by the British scientist SirRichard Doll, 1940-502. Marketinghealth : smoking and the discourse of public health in Britain,1945-2000,Oxford university press3. Thewestern medical tradition, Cambridge university press4.

 Nazi chic?: Fashioning Women in the ThirdReich, Berg Publishers5. Tobaccoconsumption in Various Countries, London: Tobacco Research Council  15. TheCigarettes and Other Tobacco Products Act, 2003 14. WHA39.14Tobacco Free Initiative, WHO13.”Adoption of Framework Convention on Tobacco Control” American Journal ofInternational law.12. WHOFramework Convention on Tobacco Control (WHO FCTC)  The so called “right to smoke” is actually asmokescreen.

There is no constitutional right tosmoke. Therefore, advocates are free to seek enactment of new some free laws orthe amendment or repeal of existing laws that harm the public health despiteclaims by their opponents invoking a right to smoke.Conclusion:Thisact was enacted by the parliament to give effect to the Resolution passed bythe 39th World Health Assembly, urging the member states toimplement measures to provide non-smokers protection from involuntarilyexposure to tobacco smoke.15B) The cigarettes and Other Tobacco Products Act, 2003or COTPA, 2003 Deeply concerned by the current pandemicof smoking and other forms of tobacco use which results in the loss of thelives of at least one million human beings every year and in illness and sufferingfor many more; calls for a global public health approach and action  now to combat the tobacco pandemic.14The Thirty-ninth World Health Assembly, 2. Tobacco free initiative The WorldHealth Organization Framework Convention on Tobacco Control (WHO FCTC) isa treaty adopted by the 56th World Health Assembly held inGeneva, Switzerland on 21 May 2003.12 It became the first WorldHealth Organization treaty adopted under article 19 of the WHOconstitution.13 The FCTC, is a agreement that seeks “to protectpresent and future generations from the devastating health, social,environmental and economic consequences of tobacco consumption and exposureto tobacco smoke” by enacting a set of universal standards statingthe dangers of tobacco and limiting its use in all forms worldwide.

  1. Framework Conventionon Tobacco ControlA) Tobacco control is a priorityarea for the World Health Organization (WHO): 11.Constitution of India              Smokinglaws have been described as a type of sumptuary law, a law that attempts toregulate habits of consumption, like the prohibition of alcohol and drug.Legal initiatives:Inan attempt to limit the extraordinary harm that tobacco smoke inflicts onindividuals and communities, advocates across the country are supportingenactments of state and local smoke-free laws. Courts are quick to find thatsmoke-free legislation is rationally related to a legitimate government goal,since they have long held that protecting the public’s health is one of themost essential functions of government.

The realization of this fact marks theorigin of tobacco control.Advocatespromoting smoke free legislation often encounter opponents who make the ominouslegal sounding argument: “You are trampling on my right to smoke.” The purposeof this article is to debunk the argument that smokers have a special legalright to smoke. The “fundamental right to privacy” is one category of libertythat does receive special constitutional protection.  Smokers’ right proponents latch ontothis fundamental right to privacy, arguing that smoking is a private choiceabout which the government should have no say. The fundamental right to privacydoes not include smoking. Some people argue that smokers make up a categorythat deserves special protection against discriminatory laws that restricttheir ability to smoke at a time and place.

However smokers are not a speciallyprotected group under the constitution. People are not born smokers; it isstill a behavior that people can stop. –         C. Everett Koop”Theright of smokers to smoke ends where their behavior affects the health andwell-being of others”IfNO, then are the law makers compromising with the smokers by not giving themright to liberty? Is government trying to achieve the legitimate govt. goal bysafe guarding the rights of non-smokers?Thedirective principle of state policy under the Article 4711 considersit as primary duty of the state to improve public health policy, so are the lawmakers compromising with the rights of non-smokers? Is this injustice to thepeople who have just been at the receiving end of the smoke? Is this preservingthe right to liberty for smokers?                                          10.

World Health Organization epidemic fact sheet, 2015 9. In re JulieAnne, 780 N.E. 2d 635, 659 (Ohio Com. Pl.

2002) 8. Cipollonevs. Liggett Group, Inc., 505 US. 504 (1992) 7.

Murli S.Deora vs. Union of India and Ors on 2 November 2001     of Uruguay , 19 February 2010 6. PhillipMorris Brand Sarl (Switzerland), Philip Morris Products S.A. (Switzerland) v.Oriental Republic        ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Asper the world health organization: “Smokingkills more than 7 million people each year. More than 6 million are result ofdirect smoking each year.

“10.  This article seeks to answer the questionwhich has chalked upon again and again: “ISSMOKING A RIGHT?” If YES, then WHO also stated that: “890000 deaths are results of passive smoking each year.” In a 2002 Ohio case involving custody of aneight year old girl, the court banned the girl’s parents from smoking in herpresence.94.

Non-smokers vs. Smokers Therespondent cigarette manufacturers were responsible for the death of a smokerin 1984, because they breached express warranties contained in advertising,failed to warn consumers about smoking’s hazards, conspired to deprive thepublic of medical and scientific information about smoking.8 3.

Smoker vs.industry                                                                                               –  Supreme Court of India”Tobacco is universally regarded as one of the majorpublic health hazards and is responsible directly or indirectly for anestimated eight lakh deaths annually in the country”72. Non-smokers vs. The law makers                                     -CarissaEtienne, Director of the Pan American Health Organization.”This decision is an acknowledgment of Uruguay’scontinued efforts to protect its population from tobacco use and tobacco smokefrom others.

“6 1. Industry vs. the law makers:Severalcase laws portray the intricate circle of war involving permutation andcombination between the industries, the law makers, smokers and non-smokers.

Legal disputes:AfterGerman doctors became the first to identify the link between smoking and lungcancer, Germany initiated a strong anti-tobacco movement3 andled the first public anti-smoking campaign in modern history.4 Anti-tobacco movementsgrew in many nations from the middle of the 19th century; the campaign inGermany, was the most powerful anti-smoking movement in the world during the1930s and early 1940s.5 The National Socialist leadership condemnedsmoking5. The Nazi anti-tobacco campaign included banningsmoking in trams, buses and city trains, promoting health education.After the Second World War, the German researchwas effectively silenced due to perceived associations with Nazism. However,the work of Richard Doll in the UK, who again identified the causallink between smoking and lung cancer in 1952, brought this topic back to attention. Partial controls andregulatory measures eventually followedin most parts of the developed world, including partial advertising bans,minimum age of sale requirements, and basic health warnings on tobaccopackaging.Movements:Smokingcan be dated back to as early as 5000 BCE and has been recorded in manydifferent cultures around the world.

Early smoking evolved in association withreligious ceremonies. After European exploration and conquest of Americans, thepractice of smoking tobacco quickly spread to rest of the world. In therealization of the fact that smoking causes life threatening diseases. Duringthe 20th century1,it successfully managed to acquire negative portion in the society.

Since thenthere began a procession of various movements, legal disputes, followed bylegal initiatives and amendments.Smoking is a practice in which a substance is burned andthe resulting smoke is breathed  in to betasted and absorbed into the bloodstream. Perceptionsurrounding tobacco and smoking has varied over time and place: holy andsinful, sophisticated and vulgar, panacea and deathly health hazard. In some cultures, smoking is also carried out as apart of various rituals, where participants use it to helpinduce trance-like states that, they believe, it can lead them to”spiritual enlightenment”.

–   R. J. Reynolds, 1990″They got lips? We want them.”

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