Concerns were raised regarding the constitutional implications of the ban. (Representative)
Bengaluru:
In a significant judgment, the Karnataka High Court has upheld the state government’s notification banning the sale, consumption, storage, advertisement and promotion of all types of hookah products within the state.
The decision came after the government’s rejection of a group of petitions challenging the ban, which was deemed necessary due to concerns over fire hazards, public health and safety.
A single judge bench of Justice M Nagaprasanna had reserved the verdict on March 11 after hearing the arguments of both the sides.
According to the government notification, hookah bars have been identified as potential causes of fire hazards and in violation of state fire control and safety laws.
Additionally, hookah consumption in establishments such as hotels, bars and restaurants poses risks to food safety and public health, further justifying the ban.
Advocate General K Shashi Kiran Shetty emphasized that the ban was issued in public interest and it was in compliance with relevant provisions of the Cigarettes and Tobacco Products Act (COTPA) 2003, Child Care and Protection Act 2015, Food Safety and Quality Act 2006, Karnataka Poisons Act 2006, etc. Supported by law. (Possession and Sale) Rules 2015, the Indian Penal Code, and the Fire Control and Fire Protection Act.
K Shashi Kiran Shetty argued that the absence of designated areas for serving hookah in establishments raises concerns, as full-service hookah bars operate without proper regulation.
He argued that designated areas should be allocated only for dining purposes, not for smoking activities.
However, the petitioners argued that the COTPA Act allows designated smoking areas and does not support a blanket ban on hookah products.
He argued that as long as regulations are followed, hookah can be consumed safely without posing a threat to public health.
A petitioner raised the issue of herbal hookah citing Section 3(b) of the COTPA Act, which defines cigarettes as containing tobacco.
Arguing against a complete ban, the petitioner questioned the propriety of banning herbal hookah products that do not contain tobacco or nicotine.
Furthermore, concerns were raised about the constitutional implications of the ban.
The petitioners argued that this violates Article 14, which guarantees equality before the law, as well as Article 19(1)(g), which protects the right to carry on professional activities.
Despite these arguments, the High Court upheld the ban on hookah products, ruling against petitions challenging its legality.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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