Introduction:

The Punjab & Haryana High Court recently addressed concerns raised in a Public Interest Litigation (PIL) regarding the accessibility of tobacco products to minors through online platforms. Tejaswin Raj, a 15-year-old student, highlighted the alarming trend of smoking and vaping among school students due to easy access to tobacco items online. The Court directed State authorities to take corrective measures if allegations of Blinkit delivering cigarettes to minors within minutes are found to be true.

Arguments:

Tejaswin Raj, appearing in person, emphasized the need for stricter regulation to curb the rising prevalence of tobacco use among minors. The PIL cited existing legislations such as the Cigarettes and Other Tobacco Products Act, 2003, and the Prohibition of Electronic Cigarettes Act, 2019, but noted the failure to prevent underage access to tobacco products online. The petitioner demonstrated the ease of purchasing cigarettes from Blinkit, highlighting the lack of age verification during delivery.

The State authorities, represented by counsel, acknowledged the gravity of the issue and assured the Court of necessary action. The respondents emphasized the importance of enforcing existing laws and proposed measures to monitor and regulate online tobacco sales effectively.

Court’s Judgement:

The High Court, headed by Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji, issued notice to Union and State Government authorities to address the allegations promptly. The Court directed authorities to take appropriate steps to prevent the easy availability of tobacco products online, particularly to minors. Additionally, the plea for the formation of a monitoring committee supervised by retired High Court judges was noted for further consideration.