Delhi High Court Bars Vendor From Selling Tobacco Products Near School, Upholds Child Protection Norms
Court Says Right to Carry on Business Cannot Override Public Health and Student Safety; Vendor Directed to Shift Outside Prohibited Zone
In a significant ruling reinforcing child health and tobacco control laws, the Delhi High Court has prohibited a street vendor from selling tobacco products near a school, holding that commercial interests cannot override statutory safeguards designed to protect children from exposure to tobacco. The Court emphasized that vendors have no legal right to sell cigarettes, gutka, pan masala or other tobacco products within the prohibited distance from educational institutions.
The Division Bench was hearing a petition filed by vendor Noor Alam, who challenged action taken by the Municipal Corporation of Delhi (MCD) and other authorities restricting him from selling tobacco products from his vending site situated close to a school. The petitioner argued that he possessed a valid vending certificate under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and sought permission to continue his business.
Rejecting the plea, the High Court held that while street vendors enjoy statutory protection to carry on lawful trade, such protection is subject to other laws enacted in the larger public interest. The Court observed that tobacco sales near educational institutions are expressly prohibited under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, and the right to vend cannot supersede these mandatory public health restrictions.
The Bench reiterated that Section 6 of COTPA prohibits the sale of cigarettes and other tobacco products within 100 yards of any educational institution. The legislative intent behind the provision is to shield children and adolescents from easy access to addictive substances and discourage early tobacco consumption.
Observing that children’s health and welfare deserve the highest level of constitutional protection, the Court stated that educational institutions should remain free from commercial activities that encourage or facilitate tobacco use. It noted that exposure to tobacco products near schools could adversely influence young students and undermine public health objectives.
The High Court clarified that the petitioner was not being deprived of his livelihood altogether. Instead, he was directed to relocate his vending activities beyond the prohibited distance if he wished to continue selling tobacco products. The Court observed that regulatory measures striking a balance between livelihood rights and public health obligations are constitutionally valid and reasonable.
The judgment also underscores the responsibility of civic authorities and enforcement agencies to ensure strict compliance with tobacco-control laws around schools. The Court stressed that merely granting a vending certificate does not authorize the sale of prohibited goods at locations where specific statutory restrictions apply.
Public health experts have welcomed the ruling, stating that effective implementation of COTPA is essential to reducing tobacco initiation among minors. Surveys have repeatedly shown that easy availability of tobacco products near educational institutions contributes to experimentation and addiction among young people, making enforcement a critical component of tobacco-control policy.
The decision is expected to serve as an important precedent for similar disputes involving street vendors operating near schools. By affirming that child protection and public health take precedence over commercial convenience, the Delhi High Court has reinforced the statutory framework aimed at creating tobacco-free educational environments across the country.
