Legal Question in Personal Injury in India

Re: Smoking By the Neighbours tenant

Smoking in public places is banned by Govt. w.e.f.02-10-2008.Smoking of cigarettes is a harmful habit and in course of time, can lead to grave health hazards. Researches carried out in various parts of the world have confirmed that there is a relationship between smoking of cigarettes and lung cancer. Tobacco smoking also adds to the air pollution. Fundamental right guaranteed under Article 21 of the Constitution of India inter alia provides that no one shall be deprived of his life without due process of law. There is no reason why a non-smoker should be afflicted by various diseases including lung cancer only because he is required to go to public places. It is in directly depriving him of his life without any process of law. Realising the gravity of the situation and considering the adverse effect of smoking as smokers and passive smokers the Honourable Supreme Court of India in Murali S Deora Vs. Union of India has directed Union of India and State Governments to take effective steps to ensure prohibiting smoking in public places.Your neighbors does not know the law you can straightaway lodge a complaint with the police as there is no separate department to handle these cases.

Re: Smoking By the Neighbours tenant

You may make a complaint to the local police / authorities.