Hookah Cannot Be Served Even in Designated Smoking Areas, Says Allahabad HC
The bench said designated smoking areas are not service zones and noted that one hookah session can equal 100 cigarettes in harm, according to the court.
- On Tuesday, the Allahabad High Court ruled that restaurants cannot commercially serve Hookah in Designated Smoking Areas in Uttar Pradesh, dismissing all petitions from establishments seeking to maintain the practice.
- Following Covid-19 pandemic restrictions, restaurants argued they could circumvent the Prohibition by adopting self-service models or renting Hookah apparatus, but the court rejected both arguments as legally invalid.
- According to the bench, the 2017 amendment to Rule 4 substituted wording with "no service," making the prohibition absolute; a single Hookah session involves 200 puffs, equivalent in harm to 100 Cigarettes.
- Justices Shekhar B Saraf and Abhdesh Kumar Chaudhary held that the fundamental Right to breathe clean air under Article 21 of the Constitution of India outweighs commercial interests; the Food Safety Department lacks licensing jurisdiction.
- In an epilogue, Justice Shekhar B Saraf warned young people about tobacco risks through personal reflection, while the court expects Uttar Pradesh to impose stringent penalties for serving Hookah in Designated Smoking Areas.
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The Lucknow bench of the Allahabad High Court has banned hookah bars in Uttar Pradesh. 80 operators, including Fashion TV Cafe, had challenged the Lucknow police's crackdown on unlicensed hookah bars. A double bench comprising Justices Shekhar B. Saraf and Abhdesh Kumar Chaudhary delivered the ruling.
Allahabad High Court bans hookah in UP restaurants, says clean air fundamental right
The high court was hearing a batch of petitions filed by restaurants seeking permission to provide hookah services in designated smoking areas, arguing that such services were permissible under law.
Allahabad HC bars sale of hookah in restaurants, operation of hookah bars in UP, cites violation under COTPA
The Allahabad High Court on Tuesday prohibited restaurants in Uttar Pradesh from operating hookah bars or providing hookah services in designated smoking areas. The court said the practice violates COTPA rules and rejected a proposed self-service model as a way to bypass the restrictions.
UP Hookah Ban News: The High Court has issued an important ruling regarding hookah bars and public places in Uttar Pradesh. The court stated that hookahs cannot be provided even in designated smoking zones. The court also rejected arguments about self-service or hookah rental.
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