Ban on selling cigarettes and gutkha outside schools in Delhi, High Court gives instructions to MCD
Now cigarettes outside schools in the capital DelhiSale of tobacco, gutkha, pan masala and any type of tobacco products has been banned. Delhi High Court, while hearing a petition, has directed to ban the sale of such products by street vendors outside schools. The court said that the health and future safety of children is the top priority. Keeping this in mind, this decision has been taken so that school children can be prevented from having easy access to tobacco products and their health is not compromised in any way.
Delhi High Court said that small children come to study in schools, hence sale of products like tobacco, pan masala, cigarettes and gutkha cannot be allowed near them. A bench of Justice Vikas Mahajan and Justice Pratibha M. Singh gave this order while hearing the petition of Suresh, a vendor selling tobacco products at Nizamuddin Railway Station. The court barred Suresh from selling products like tobacco, pan masala, cigarettes and gutkha near any school. Also directed the MCD to provide alternative vending sites to the vendors for business within 3 days. The Court made it clear that the protection of children’s health is paramount and sale of tobacco products cannot be accepted near schools.
what did the high court say?
During the hearing, the Delhi High Court said that until the vendor is provided with an alternative location, he should be allowed to carry on his business peacefully, following the conditions set by the court. However, the court clarified that sale of products like tobacco, pan masala, cigarettes and gutkha will not be allowed around schools. The bench of judges also reiterated that the court had earlier also taken a strict stance on the sale of tobacco products near schools and that no negligence in matters relating to the health of children would be tolerated.
High Court has already issued strict instructions
Even before this, Delhi High Court has issued strict instructions regarding the sale of tobacco, pan masala, gutkha, cigarettes and other tobacco products near schools. The court had clarified that no obstruction of any kind will be created in front of or around the entry and exit gates of schools. Also, sale of pan masala, gutkha, cigarette or any tobacco product will be completely banned around schools. The court had also said that vendors can use small gas cylinders if required, but additional public space will not be occupied for this. Vendors will have to be confined to the designated space only and will not be allowed to encroach on the footpath. Apart from this, the court had also given instructions to make it mandatory to maintain cleanliness at the vending sites and keep dustbins, so that a clean and safe environment can be ensured around the schools.
What is the whole matter after all?
The case began when vendor Suresh filed a petition in the Delhi High Court alleging that despite having a valid vending certificate, Delhi Police and MCD officials were repeatedly harassing him and preventing him from doing business. During the hearing, the MCD told the court that Suresh was selling tobacco products like pan masala, gutkha and cigarettes near the school. The corporation also alleged that it was not following the rules of cleanliness at the vending site. After hearing the arguments of both the parties, the High Court allowed Suresh to continue vending with conditions, but made it clear that he would not be able to sell tobacco, pan masala, gutkha, cigarettes or any other tobacco product near schools. The court also directed MCS to provide it with alternative vending sites as per the prescribed rules.
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