1) 

the country is spending approximately Rs. 30,000 crore annually in both public and private health sectors to treat tobacco-related illness.

This expenditure, accounts for roughly 25 per cent of public spending on health.

2) it is the legislature's responsibility to make laws against tobacco use,

3) in 2014 

The Supreme Court had  issued notice to the government and all the States on a public interest litigation (PIL) for a complete ban on cigarettes and beedis and stringent punishment for smokers.

A Bench of Chief Justice of India R.M. Lodha, Justices Kurian Joseph and Rohinton Nariman directed the government to respond on the petition showing that the country is spending approximately Rs. 30,000 crore annually in both public and private health sectors to treat tobacco-related illness.

4) ) In A.K.Roy vs. Union of India [(1982) 1 SCC 271], a Constitution Bench of the Hon'ble Supreme Court held that it is not for the Court to compel the Government to do that which, according to the mandate of the Parliament, lies in its discretion to do when it considers it opportune to do it. The executive is responsible to the Parliament. 

5) Further, in State of Jammu and Kashmir vs. Zakki [1992 Supp. (1) SCC 548], it has been held that a writ of mandamus cannot be issued to the Legislature to enact a particular legislation

6) we say that prohibition of sale and distribution of loose cigarettes cannot be ordered by the Courts, as it is for the Union of India and the State Governments and other authorities to take a decision in the matter and accordingly, to take measures.

7) the Allahabad High Court expressed that the Legislature and the executive while considering any further policy with regard to tobacco consumption "shall act in a manner not governed by sole concern for revenue but shall also pay due attention to the health of the general public. We have no difficulty in observing and directing the State Authorities to spend a reasonable good amount of money to spread awareness amongst the masses, particularly the younger generation including students regarding the ill effects of tobacco consumption. Public awareness of the evil arising from tobacco consumption and public taking care of its ill effects is more effective than mere formulation of law and rules."

See you can file a Public interest litigation petition before the high court , can show the ill effects of it and also can present the reports before the court if court finds your petition worthy it shall issue notice to state and centre government and  can ask them to make law on same.

1. Do your flawless research to find out how many deaths have taken place in India due to the consumption of tobacco and elsewhere in the world, countries where it has been banned and the consequent decline in death rate.

2. Filing a PIL without a threadbare research is fraught with the risk of being saddled with exemplary costs.

If you are interested in taking up this matter through court then you can file PIL before the honorable supreme court.

1. Banning of Tobacco required Legislative intent (Lok Sabha, Rajya Sabha & then President Nod).  The courts CANNOT issue the directions /orders that you mentioned.

No interference of court. Govt. prerogative and already law passed on it to ban it by various states. But effective implementation is lapsing. 

And against smoking in public, provision of penalty and jail term for repeated offense.

You can file a public interest litigation in Supreme Court to get the sale/ cultivation of tobacco in India, a similar case was dealt by the Supreme Court of India in the year of 2014. In that case also taken for imposing ban on tobacco and its products was that a cost of rupees 30,000 crore was spent in treatment of ailments related to tobacco use every year in India.

Delhi-based NGO United Residents Joint Action, short for URJA, and Hyderabad-based group VchangeU are in the process of filing a writ and class suit in which they are also demanding compensation - Rs 5 lakh for those suffering medical costs due to smoking related ailments, and Rs 10 lakh for those who lost an earning member of the family.

Hi

Its simple. 

Write down your points over which you think that you can convince Judge to put a ban on smoking. 

PIL can be filed through an Advocate......ofcourse you must be aware of the general procedure. 

Now just for a little knowledge..

1. Goa Government have banned smoking. Goa is now a smoking free state. ( ofcourse, just on papers)

2. Smoking is illegal in public places in India 

Still.... lot more to be done....

You must also run a awareness campaign against the ill causes of smoking. 

All the Best, Very Good though.

Thanks 

A PIL cannot be filed to stop people from smoking unless the Govmakes laws banning cigarettes and tobacco like liquor in some states in India. These things come under the category of sin goods and can be banned by the Government but no such steps can be taken by the supreme court.

You can file Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a Stateunder Article 226 of the Constitution under their respective Writ Jurisdictions.

There is already a ban on selling cigarettes and bidis near educational institutions and to those under the age of 18 years.

For banning all over India you need to file PIL in supreme Court

1. You can file PIL in supreme court of India against use of tobacco and ban tobbaco products. 

2. Procedure for filing a Public Interest Litigation

The modus operandi for filing a PIL can be divided into two ways:

1. 
   Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supreme Court (Article 32) or in the High Court (Article 226). If the PIL is to be filed in the High Court, then two copies of the petition have to be filed and if the PIL is to be filed in the Supreme Court, then the petition has to be filed in five sets (4+1). Also, it is imperative to serve an advance copy of the petition on each respondent/opposite party and the proof of having served the copy of the petition to the respondent(s) has to be affixed with the petition – that can be in the form of postal or courier receipts.
2. 
   Procedure: A court fee amounting to Rs. 50 per respondent (for more than one, each respondent will have to pay Rs. 50 as court fee) has to be affixed to the petition. The proceedings in a PIL hearing are carried out in the same way as in another case irrespective of its nature. However, during the PIL proceedings, if the presiding judge feels a court commissioner has to be appointed to investigate the matter in question like inquiry on allegations of pollution being caused, trees being cut among other things. Post reply by the respondent(s) or rejoinder by the petitioner, the judge(s) may give his/her decision.

You can file PIL.  But it must be supported with proper data on its ill effects. Court must be convinced. 

Engage some professional firm to collect data all over India and present it in useful way so as to convince the court easily about its bad and deadly effects in real life. 

It is not sure court will accept the PIL but you can have a try. Engage good lawyer. 

1. Which democratic Country in the World could completely ban smoking of tobacco?

2. There are several contra logic against such ban one being that there are several deaths in cancel, TB etcof persons who never touched tobacco.

3. There is a strong tobacco lobby opposing the move.

4. Country's very high revenue earnings will be reduced if tobacco is banned in India.

5. There are legal restrictions in smoking in public places like railway compartments, Aiurcrafts etc.

6. However, if you still want to file the PIL, you can do so praying for an order upon the Givt. to completely ban smoking of tobacco in India.