Karnataka High Court Upholds Hookah Ban
In a significant ruling, the Karnataka High Court has upheld the state government’s ban on hookahs, citing the need to protect public health.
The court held that Article 47 of the Indian Constitution, which places a duty on the state to improve public health, justifies the ban. The court also noted that hookah smoking requires external human assistance, which falls under the definition of a ‘service’ under Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).
The petitioners had argued that the ban violated their fundamental right to carry out a legal business. However, the court held that this right can be restricted in the interest of public health.
The ruling is expected to have implications for other states considering similar bans on hookahs.
