The Aryavarth Express
Agency (Bengaluru): The Karnataka High Court upheld a state government notification banning hookah products, declaring them as harmful and addictive as cigarettes. Justice M Nagaprasanna of the single judge bench pronounced the verdict, asserting the state’s duty to promote public health as per Article 47 of the Constitution, which involves prohibiting substances harmful to public health.
The court emphasized the common misconceptions about hookah’s safety compared to cigarettes. It highlighted that one hookah session could involve 200 puffs, roughly equivalent to smoking 100 cigarettes, exposing users to significant health risks, including higher chances of contracting communicable diseases through shared mouthpieces and prolonged exposure to toxins.
Justice Nagaprasanna pointed out the differences in consumption methods between cigarettes and hookah. While cigarettes require minimal external apparatus, hookah smoking needs specific setups provided by establishments, which complicates compliance with public smoking rules. This setup requirement aligns with the 2017 amendment to the Prohibition of Smoking in Public Places Rules, which restricts services in smoking areas, further justifying the ban on hookah in public spaces.
The court also dismissed the argument that the existing laws on tobacco use (COTPA) preclude further state-level bans. It referred to the constitutional provisions allowing states to legislate on public health and industries, reinforcing the state’s authority to impose such bans under public policy considerations.
Addressing the issue of herbal hookah, which does not contain tobacco, the court noted that it often includes molasses, a substance regulated under the Karnataka Prohibition Act, 1961. Therefore, the state has the power to regulate herbal hookahs to protect public health, despite their tobacco-free claims.
This ruling supports the state’s comprehensive approach to public health and clarifies the legislative powers concerning the regulation of substances like hookah tobacco and related products under the Poisons Act and state regulations.
