The court reinforces the prohibition of hookah services in public places, aligning with public health objectives under COTPA.
In a landmark judgment, the Allahabad High Court has reinforced the prohibition on the service of hookah in designated smoking areas within public establishments such as restaurants and cafes across Uttar Pradesh. The Division Bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, delivered the verdict on a batch of writ petitions filed by M/s Aftek Foods and Beverages Pvt. Ltd. and others, seeking relief from the restrictions imposed by the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), and its subsequent rules.
The court emphasized the public health concerns associated with hookah smoking, particularly its impact on both smokers and non-smokers through second-hand smoke exposure. The bench cited the 2017 amendment to the Prohibition of Smoking in Public Places Rules, which explicitly prohibits any service, including hookah, within designated smoking areas. This amendment supersedes earlier interpretations that allowed certain services under specific conditions.
Justice Saraf, in his analysis, highlighted that the prohibition aligns with COTPA's objective to protect non-smokers and reduce tobacco use. The judgment stated that the operation of hookah bars within restaurants contravenes public health policies and violates the rights of non-smokers under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The petitioners argued that the prohibition was a regulatory overreach and contended for a "self-service" model where patrons could manage hookah usage independently. However, the court dismissed these arguments, stating that the nature of hookah usage intrinsically involves service elements that fall under the prohibited activities within designated smoking areas.
The court also clarified that the Food Safety Department and Municipal Corporation lack jurisdiction to license or regulate hookah bars, asserting that enforcement under COTPA falls within the purview of police authorities, who are empowered to ensure compliance and enforce penalties for violations.
This judgment is expected to have significant implications for public health policy enforcement in Uttar Pradesh, urging authorities to take stringent measures against violations and prioritizing the health rights of non-smokers.
Bottom Line :
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and Prohibition of Smoking in Public Places Rules, 2008 - Service of hookah in Designated Smoking Area of restaurant is absolutely prohibited after 2017 amendment to Rule 4(3) substituting "no other service" with "no service" - Hookah bars cannot lawfully operate in restaurants by adopting so-called self-service or rental model - Food Safety Department and Municipal Corporation have no jurisdiction to license hookah bars, but police have power under COTPA to search, seize and enforce compliance.
Statutory provision(s): Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 Sections 4, 6, 12, 13, 21, 24, and 31; Prohibition of Smoking in Public Places Rules, 2008 Rule 4(3) as amended in 2017; Constitution of India, Articles 19(1)(g), 21, and 47.
