Delhi High Court: Street Vendors Cannot Sell Pan Masala, Gutka or Tobacco Products Near Schools
Court Says Public Health and Child Protection Override Commercial Interests; Vendors Must Comply With COTPA Restrictions
In a significant judgment reinforcing India’s tobacco-control framework, the Delhi High Court has held that street vendors cannot sell pan masala, gutka, cigarettes or other tobacco products within the prohibited area surrounding educational institutions, observing that the right to carry on business does not override statutory measures enacted to protect children from tobacco exposure.
The ruling came in a petition filed by a licensed street vendor who challenged action taken by the Municipal Corporation of Delhi (MCD) restricting the sale of tobacco products from a vending site located near a school. The petitioner argued that he possessed a valid certificate of vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and was therefore entitled to continue his business.
Rejecting the plea, the Delhi High Court held that a vending certificate does not confer an unrestricted right to sell every product at every location. The Court observed that the rights of street vendors remain subject to other statutory restrictions enacted in the public interest, including the Cigarettes and Other Tobacco Products Act, 2003 (COTPA).
The Court emphasized that Section 6 of COTPA expressly prohibits the sale of cigarettes and other tobacco products within 100 yards of an educational institution. The provision has been enacted to protect children and adolescents from easy access to addictive substances and to discourage tobacco consumption at an early age.
Observing that children’s health enjoys paramount constitutional protection, the Bench stated that schools must remain safe spaces free from commercial activities that encourage tobacco use. The Court noted that permitting the sale of pan masala, gutka and similar products near schools would defeat the very purpose of the statutory prohibition and undermine public health objectives.
The High Court clarified that the petitioner was not being deprived of his livelihood. Instead, he was merely prohibited from selling tobacco products at a location where the law expressly forbids such activity. The vendor remains free to continue lawful vending or relocate the sale of tobacco products beyond the prohibited zone.
The judgment also reiterates that municipal authorities and law enforcement agencies have a continuing duty to enforce COTPA around educational institutions. The Court observed that civic authorities cannot ignore violations merely because a vendor possesses a licence or vending certificate issued under another statute.
Legal experts believe the decision strengthens the implementation of tobacco-control laws by reaffirming that public health and child welfare take precedence over commercial convenience. The ruling is expected to guide future disputes involving street vending near schools and encourage stricter enforcement of restrictions on the sale of tobacco products in educational zones.
