Bengaluru: In a significant ruling, the Karnataka High Court has upheld the State Government’s notification banning the sale, consumption, storage, advertisement and promotion of all types of hookah products across the State. Dismissing a batch of petitions challenging the ban on sale of hookah products in Karnataka, the High Court has held that the action of the State Government is in strict consonance with Article 47 of the Constitution of India, apart from being completely tenable in law.

Justice M. Nagaprasanna pointed out that as per the study of the New York Poison Control Centre, hookah smoking can cause carbon monoxide poisoning and chemicals like burning charcoal used in the process can cause heart attack, decreased lung function, respiratory symptoms, cancer and premature death. Additionally, the consumption of hookah in establishments such as hotels, bars and restaurants poses risks to food safety and public health, further justifying the ban.

Advocate General K. Shashi Kiran Shetty emphasised 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.

The Advocate General argued that the absence of designated areas for serving hookah in establishments raises concerns, as full-service Hookah bars operate without proper regulation.

Justice Nagaprasanna said, the defence for hookah is that it is less harmful than cigarettes but studies suggest that it exposes users to nicotine, an addictive chemical. The Justice observed that herbal hookah which the petitioners claim to be selling is a storehouse of carbon monoxide. “It is averred there are about 800 hookah places/ bars in Karnataka,” the Judge said, wondering why the State had kept quiet this long to allow them to proliferate.

The petitioners argued that it infringes upon Article 14, which guarantees equality before the law, as well as Article 19(1)(g), which protects the right to carry out business activities. Despite these arguments, the High Court maintained the ban on hookah products, ruling against the petitions challenging its validity.