Home / Crime and Justice / Hookah Ban: Court Rules Against Service in All Public Places
Hookah Ban: Court Rules Against Service in All Public Places
29 Sep
Summary
- Hookah service is prohibited in all public spaces, including designated smoking areas.
- The court cited tobacco regulations and public health as reasons for the ban.
- Authorities can now conduct searches and take action against hookah establishments.
The Allahabad High Court has delivered a decisive ruling, prohibiting the service of hookah in all public places, including designated smoking zones within restaurants and cafes. This judgment reinforces the stipulations of the Cigarettes and Other Tobacco Products Act, 2003, and its associated rules.
The court clarified that the preparation, assembly, and delivery of hookah to patrons constitute 'any service,' which is expressly forbidden. This interpretation stems from a 2017 amendment to the prohibition of smoking rules. Arguments that customers operating hookahs themselves would constitute mere apparatus rental were dismissed, as the inherent service element in preparation remains.
Furthermore, the bench affirmed that neither the Food Safety Department nor municipal bodies possess the authority to issue licenses for hookah bars. Conversely, police authorities are explicitly granted powers under the COTPA to enforce these regulations through searches, seizures, and penal actions.
Ultimately, the court prioritized the fundamental right of non-smokers to breathe clean air in public spaces over the business rights associated with prohibited smoking activities. Copies of this significant judgment have been forwarded to key state officials for strict compliance.
