BALANCING PUBLIC HEALTH AND PERSONAL FREEDOM: A CONSTITUTIONAL PERSPECTIVE ON SMOKING IN PAKISTAN

Abstract

It is a study on a balance between public health protection and personal freedom in the constitution, in-specific in Pakistan's case of smoking ban. The study examines the exercise of the police powers of the State under the Constitution of the Islamic Republic of Pakistan, 1973, in limiting the individual freedom in the interests of the public; and explains the policies of the State for controlling tobacco and tobacco use, especially on the aspect of anti-smoking legislation. The study examines whether they are lawful restrictions on Fundamental Rights including Article 9, the right to life and liberty guaranteed, and freedom of personal autonomy which is implied in constitutional jurisprudence. It also critically reviews Pakistan's responsibilities as a member of international health agreements, particularly the WHO Framework Convention on Tobacco Control (FCTC), and its effects on national laws. The personal freedom is a constitutional value protected but not unlimited and can be limited in the interest of public welfare, the article states.