The Punjab & Haryana High Court has instructed the state authorities to implement corrective measures if it is confirmed that Blinkit is delivering cigarettes to minors within minutes.
This directive was issued during the hearing of a Public Interest Litigation (PIL) that sought to prohibit minors from accessing tobacco products via online platform.
While issuing notice to Union and State Government authorities Acting Chief Justice G.S Sandhawalia and Justice Lapita Banerji said, "In the meantime, if the above factual aspect is correct, the respondents-authorities shall take appropriate steps to ensure that such articles are not readily available in the manner which has been prescribed and take steps to implement all statutory provisions."
Tejaswin Raj, a 15-year-old class X student who appeared in person, has approached the High Court to highlight the increasing prevalence of smoking and vaping (using electronic cigarettes) among school students. He cited the easy accessibility of tobacco products through online platforms and social media as a significant contributing factor.
"Despite different legislations in the shape of 'The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003' and 'The Prohibition of Electronic Cigarettes Act. 2019', it is publicly evident that many young adults, youths and even teenagers in the Tricity...are openly consuming tobacco products especially electronic cigarettes due to is easy availability by the name of vape openly in different public...." added the plea.
Raj mentioned in the plea that, to illustrate his point to the Court, he ordered a pack of cigarettes from Blinkit by simply confirming he was above 18 years old. He expressed surprise that the delivery was made within 9 minutes without any inquiry about his age or objection to the purchase by the delivery partner. In light of these events, the plea also calls for the establishment of a monitoring committee, overseen by a panel of three retired High Court judges, aimed at completely prohibiting the illicit trade and unauthorized sale of tobacco products online.
The matter is listed for July 24, for further consideration.
Mr. Dheeraj Jain, Sr. Panel Counsel for UOI.
Mr. Sanjiv Ghai, Advocate, Mr. Navjit Singh, Advocate and Mr. Parminder S. Kaul, Advocate for respondent Nos.8 & 9.
Mr. Navjit Singh, Advocate for respondent No.11.
Mr. Saurav Khurana, Addl.AG, Punjab assisted by Ms. Darika Sikka, Advocate for respondent Nos.12 to 16. Mr. Deepak Balyan, Addl. AG, Haryana for respondent Nos.17 to 21.
Title: Tejaswin Raj through his guardian/authorized representative Anshu V. UOI & Ors.
