The Karnataka High Court recently dismissed a series of petitions challenging the state government’s notification prohibiting the sale, consumption, storage, advertisement, and promotion of all hookah products within Karnataka. The court’s decision effectively upheld the ban on all forms of hookah products in the state.
Legal Proceedings
The judgment was delivered by Justice M Nagaprasanna after a thorough consideration of arguments from both sides. The state government’s notification cited concerns regarding fire hazards, violations of fire safety laws, and potential risks to public health associated with hookah bars and consumption of hookah in public establishments.
Government’s Position
Advocate General K Shashi Kiran Shetty asserted that hookah bars, by providing full service without designated smoking areas, were in violation of existing regulations. He argued that the notification was issued in the public interest and could be justified under Article 162. Furthermore, he contended that the state government was within its rights to issue the notification while a bill to regulate hookah sale and consumption awaited the Governor’s assent.
Petitioners’ Arguments
The petitioners argued that the Cigarettes and Other Tobacco Products Act (COTPA) allows for smoking in designated areas and does not permit blanket bans. They also questioned the legality of banning herbal hookah products that do not contain tobacco or nicotine.
Legal Analysis
The court considered the provisions of the COTPA Act and the arguments presented by both sides. It upheld the ban, ruling that the state’s actions were in the public interest and within the scope of its authority. The court rejected the petitions, emphasizing the need for adherence to existing regulations and public health concerns.
Conclusion
In conclusion, the Karnataka High Court’s decision to uphold the ban on hookah products reaffirms the state government’s authority to regulate public health and safety. The judgment serves as a reminder of the importance of compliance with existing laws and regulations to safeguard public well-being.
Case Details
- Case Title: R BHARATH AND State of Karnataka & ANR
- Case No: WP 4461/2024 & others
- Citation No: 2024 LiveLaw (Kar) 188
