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International Journal of Creative and Open Research in Engineering and Management

A Peer-Reviewed, Open-Access International Journal Supporting Multidisciplinary Research, Digital Publishing Standards, DOI Registration, and Academic Indexing.
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ISSN: 3108-1754 (Online)
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Volume 02, Issue 8

Published on: August 2026

SMOKE-FREE EDUCATIONAL INSTITUTIONS IN INDIA: A CRITICAL ANALYSIS OF THE CONSTITUTIONAL AND STATUTORY FRAMEWORK WITH SPECIAL REFERENCE TO MURLI S. DEORA V. UNION OF INDIA

Dr. Sunita Banerjee Md. Jiyauddin

Vels Institute of Science, Technology & Advanced Studies (VISTAS)
DOI:https://doi.org/10.55041/ijcope.v2i8.103

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Abstract

The prohibition of smoking in educational institutions is a crucial public health and constitutional issue in India, given the harmful effects of active and passive smoking on students, teachers, and staff. Educational institutions are expected to provide a healthy and safe environment conducive to learning, making the regulation of tobacco use within their premises a matter of legal and social importance. The landmark decision in Murli S. Deora v. Union of India (2001) 8 SCC 765; AIR 2002 SC 40 laid the foundation for smoke-free public spaces by directing the prohibition of smoking in public places, including educational institutions, until comprehensive legislation was enacted. The Supreme Court recognized that exposure to passive smoking violates the fundamental right to life guaranteed under Article 21 of the Constitution of India and emphasized the State's obligation to protect public health.

This paper critically examines the constitutional and statutory framework governing smoke-free educational institutions, with particular reference to Articles 21 and 47 of the Constitution, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), and the Prohibition of Smoking in Public Places Rules, 2008. It further analyses the implementation of these legal provisions, institutional responsibilities, and the challenges associated with enforcement, including inadequate monitoring, limited awareness, and continued access to tobacco products near educational campuses. Adopting a doctrinal research methodology, the study evaluates judicial precedents, statutory provisions, and policy measures relating to tobacco control. The paper concludes that while Murli S. Deora significantly strengthened the constitutional basis for smoke-free educational environments, effective enforcement, institutional accountability, and greater public awareness are essential to ensuring compliance and protecting the health and well-being of the academic community.

 

How to Cite this Paper

Banerjee, S. & Jiyauddin, M. (2026). Smoke-Free Educational Institutions in India: A Critical Analysis of the Constitutional and Statutory Framework with Special Reference to Murli S. Deora v. Union of India. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(8), 1-9. https://doi.org/10.55041/ijcope.v2i8.103

Banerjee, Sunita, and Md. Jiyauddin. "Smoke-Free Educational Institutions in India: A Critical Analysis of the Constitutional and Statutory Framework with Special Reference to Murli S. Deora v. Union of India." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 8, 2026, pp. 1-9. doi:https://doi.org/10.55041/ijcope.v2i8.103.

Banerjee, Sunita, and Md. Jiyauddin. "Smoke-Free Educational Institutions in India: A Critical Analysis of the Constitutional and Statutory Framework with Special Reference to Murli S. Deora v. Union of India." International Journal of Creative and Open Research in Engineering and Management 02, no. 8 (2026): 1-9. https://doi.org/https://doi.org/10.55041/ijcope.v2i8.103.

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References


  1. Government of India. (2003). The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Act No. 34 of 2003). India Code. India Code – COTPA, 2003

  2. Government of India. (2008). The Prohibition of Smoking in Public Places Rules, 2008. Ministry of Health and Family Welfare. India Code. India Code – Prohibition of Smoking in Public Places Rules, 2008

  3. Government of India. (2009). The Cigarettes and Other Tobacco Products (Display of Board by Educational Institutions) Rules, 2009. Ministry of Health and Family Welfare. India Code.

  4. Government of India. (2019). Guidelines for tobacco-free educational institutions. Ministry of Health and Family Welfare.

  5. Government of India. (2017). Step-by-step guidelines for implementation of Section 6(b) of the Cigarettes and Other Tobacco Products Act, 2003 and Rules. Ministry of Health and Family Welfare.

  6. Ministry of Health and Family Welfare. (2017). Global Adult Tobacco Survey GATS-2 India 2016–2017. Government of India. National Tobacco Control Programme – GATS-2 India

  7. Ministry of Health and Family Welfare. (2019). Global Youth Tobacco Survey (GYTS-4), India, 2019. Government of India. National Tobacco Control Programme – GYTS-4 India

  8. Ministry of Health and Family Welfare. (2022). Report on tobacco control in India 2022. Government of India. National Tobacco Control Programme – Tobacco Control Reports

  9. Ministry of Health and Family Welfare. (2018). Economic costs of diseases and deaths attributable to tobacco use in India, 2017–18. Government of India.

  10. Ministry of Health and Family Welfare. (2004). Report on tobacco control in India. Government of India.

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  • •Published on: Aug 13 2026
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