Kerala HC Directs Strict Enforcement Of Public Smoking Ban, Orders Awareness Drives [Read Judgment]

Ernakulam: The Kerala High Court has disposed of a Public Interest Litigation seeking enforcement of the statutory prohibition on smoking in public places, observing that a few isolated incidents do not justify a finding that the police have failed to implement the law. 

The court directed the police to continue complying with its earlier directions in K. Ramakrishnan v. State of Kerala and ordered awareness programmes on the legal provisions and the harmful effects of passive smoking.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. heard WP(PIL) No. 195 of 2026, filed by Prof. Monamma Kokkad, aged 79, of Kochi, at the admission stage and delivered its judgment the same day, 07.10.2026.

The petitioner relied on the High Court's judgment in K. Ramakrishnan & Anr. v. State of Kerala, reported as 1999 (2) KLT 725, and submitted that the directions contained in it had not been fully implemented. She referred to her representation dated 08.08.2026 to the Home Secretary, which sought statewide implementation of that judgment and strict enforcement of the Cigarettes and Other Tobacco Products Act and the Rules framed under it, which prohibit smoking in public places. She also suggested enhancement of the penalty prescribed for violations.

The petitioner further disclosed an application under Section 6(1) of the Right to Information Act, 2005 made to the State Police Chief and the reply received from him. The court noted that, from that communication, it appeared that the Kerala Police had taken adequate measures for implementing the Act and had also furnished details of the penalties recovered for violations.

In view of this, the Bench held that it could not be said that the police had not taken adequate measures for implementation of the Act. It observed that “A few isolated incidents may not justify a finding” that the provisions of the Act had not been complied with.

The court nevertheless made it clear that the police shall continue to comply with the directions issued in K. Ramakrishnan and strictly enforce the provisions of the Act. It directed that a copy of the order be forwarded for information and compliance to respondent Nos. 2, 3 and 4, namely the Additional Chief Secretary to the Health and Family Welfare Department, the Principal Secretary to the Local Self Government Department and the State Police Chief.

The respondent authorities were further directed to conduct awareness programmes highlighting the legal provisions prohibiting smoking in public places and the harmful effects of passive smoking. The petition was accordingly disposed of.

Appearances:

For the Petitioner: Mr. Varun Jacob, Advocate.

For the Respondents: Mr. Biju Meenattoor, Senior Government Pleader.

Case Title: Prof. Monamma Kokkad vs. State of Kerala & Ors., WP(PIL) No. 195 of 2026

[Read Judgment]