Delhi HC allows Smoking in Films - Quashes Ban

The Delhi High Court Friday quashed the central government's notification banning smoking in films on grounds that it violates the fundamental rights of filmmakers. A single judge bench of Justice Sanjay Kishan Kaul observed that banning smoking in films violated filmmakers' fundamental rights of freedom of expression and speech. The union ministry of health and family welfare had in May 2005 proposed the ban by notifying the Cigarette and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules 2005. In another notification, the ministry said the rules would come into effect from Oct 2, 2005. This had been challenged by Bollywood director and producer Mahesh Bhatt in September 2005.

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