The Karnataka High Court has upheld the state government’s notification prohibiting the sale, consumption, storage, advertisement, and promotion of all types of hookah products within the state.
This decision followed the dismissal of a batch of petitions challenging the government’s ban, which was deemed necessary due to concerns regarding fire hazards, public health, and safety.
The Judge
Justice M Nagaprasanna, presiding over a single judge bench, reserved judgment on March 11 after hearing arguments from both sides.
Karnataka Govt
As per the government notification, hookah bars have been identified as potential causes of fire hazards and violations of state fire control and safety laws.
Furthermore, the consumption of hookah in establishments such as hotels, bars, and restaurants poses risks to food safety and public health, further justifying the ban.
Approval
Advocate General K Shashi Kiran Shetty emphasized that the ban was issued in the public interest and is supported by relevant legislation, including the Cigarette and Tobacco Products Act (COTPA) 2003, Child Care and Protection Act 2015, Food Safety and Quality Act 2006, Karnataka Poisons (Possession and Sale) Rules 2015, Indian Penal Code, and 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.
