Analysis Of Divyam Aggarwal vs Union Of India; An Attempt By The Tobacco Lobby To Stop Health Warnings?



The Delhi High Court recently dismissed a petition seeking prohibition of the broadcast of anti-tobacco health messages containing “disturbing or explicit visuals” in cinemas, on television, and on OTT platforms.


While dismissing the petition, Justice Subramonium Prasad, emphasized the fact that these graphic ads, sanctioned by the government, are designed to act as a “wake-up call” to discourage tobacco and tobacco product use, and as such, they serve the public interest.


The central issue at hand raised by the petitioner in this case is that the advertisements shown during a movie screening are graphic in nature and objectionable. Thus, the petitioner sought a directive to prohibit the airing of such anti-tobacco health advertisements during film screenings in theaters, on television, and on over-the-top (OTT) platforms.


Case Background


The government has released these ads with graphic content for deterring people from smoking. These commercials serve the public interest by informing viewers about the deadly effects of tobacco use.


This began in 2003 when the government enacted the Cigarettes and Other Tobacco Products Act with the purpose of overseeing the promotion and circulation of tobacco items. This legislation also necessitates the inclusion of legal warnings on the packaging of tobacco products, and it restricts the presentation of tobacco products or their portrayal in use by individuals, characters, or in various forms of media.


Public Interest vs. Individual Rights


This case highlights a fundamental tension between public interest and individual rights. On one hand, the government’s anti-tobacco advertisements with graphic descriptions were designed to educate the public about the harmful effects of tobacco and were considered by the court to be in the broader public interest. On the other hand, the petitioner, Advocate Divyam Aggarwal, raised concerns about the graphic nature of these ads, suggesting they might infringe on individual sensitivities.


The court emphasized the government’s responsibility to protect public health. It recognized that the government is obligated to take actions to safeguard the welfare of its population. In this light, the anti-tobacco ads were perceived as a mechanism to work towards a society free from tobacco use and to deter individuals from developing an addiction to tobacco items.


Misuse of Legal Process


The Delhi High Court observed that the petitioner’s case is a misuse of the legal process. Court pointed out that Public Interest Litigation is intended to provide a voice to the voiceless and serve the public interest. In this instance, the court believed that the petitioner’s case might have been influenced by the tobacco industry lobby and was primarily aimed at obstructing the government’s efforts to create awareness about tobacco-related health issues.


Balancing Individual Freedom and Public Health


The necessity of striking a balance between individual freedom and public health concerns is shown by this case. Although people are free to choose how they want to live, the government nevertheless has an obligation to safeguard the public’s health. The court’s ruling is an attempt to balance these divergent interests.


Legal Precedent and Future Implications


The court’s dismissal of the petition sets a legal precedent for similar cases in the future. It also serves as a warning against filing frivolous petitions that may not genuinely serve the public interest.


Overall, this case reflects the complexities and challenges involved in regulating public health issues, especially when individual rights intersect with the broader goal of protecting society from harmful substances. The court’s decision prioritizes public health and aims to discourage tobacco use while cautioning against attempts to obstruct government awareness campaigns. The High Court’s decision underscores the significance of public interest. It affirms that the government’s efforts to raise awareness about the adverse health effects of tobacco use, through graphic and impactful anti-tobacco advertisements, are aligned with the greater good of society.




The Delhi High Court’s dismissal of the petition to restrict graphic or offensive imagery in tobacco health ads on various media platforms was dismissed which highlights several significant aspects of the case. The petitioner’s case may have been impacted by the interests of organizations opposed to tobacco control measures, according to the court’s ruling however the case raises the possibility that outside forces, like the tobacco industry lobby, are trying to thwart the government’s anti-tobacco policies. The court’s decision in these situations acts as a deterrent to lawsuits that are intended to further the interests of particular industries rather than the general good of society. Essentially, the Delhi High Court’s ruling supports the concepts of genuine public interest while also promoting public health and cautioning against attempts to thwart initiatives aimed at addressing health issues associated to tobacco use. The importance of balance between public health and individual freedom has been highlighted through this judgment and giving the former priority when public interest is involved.


Contributor – Muskkaan Verma


Interns and Paralegals.


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