Karnataka High Court reserves judgment in pleas opposing hookah ban

The Karnataka government said hookah bars are a cause of fire hazards and violate fire control and fire safety laws.

Counsels for the cafe and restaurant owners, on the other hand, had argued that such a ban could amount to a restriction of rights under Article 14 of the Constitution. (File)

The Karnataka High Court on Monday reserved judgment in several petitions by restaurant and cafe owners opposing the hookah ban in the state.

During the arguments in front of a bench of Justice Nagaprasanna, Advocate General Shashikiran Shetty for the government pointed out that instead of a designated area for smoking, entire floors were being devoted to the use of hookahs, adding that the state was aiming for the complete prohibition of hookahs.

Counsels for the cafe and restaurant owners, on the other hand, had argued that such a ban could amount to a restriction of rights under Article 14 of the Constitution. A question was also raised as to whether the government could carry out a ban through a notification at an early stage before the Cigarettes and Other Tobacco Products Act (COTPA) amendment was carried out.

Story continues below this ad

One of the petitioner’s counsels questioned whether their client’s hookah products could come under such a ban, as theirs was derived from herbs rather than any tobacco-based product, with ingredients such as bagasse derived from sugarcane.

The February 7 notification of the Karnataka government banning the sale and consumption of hookah stated that hookah bars are a cause of fire hazards and violate fire control and fire safety laws. Consumption of hookah in hotels, bars and restaurants makes food items unsafe for public consumption and may adversely affect public health, it said.

The ban came in the backdrop of a fire accident last year at a hookah bar in Koramangala that did not comply with fire and safety regulations.

Stay updated with the latest - Click here to follow us on Instagram