The Aryavarth Express
Agency(Karnataka): The Karnataka State Government presented its case to the Karnataka High Court, defending the notification that imposes a ban on the sale, consumption, storage, advertisement, and promotion of all types of hookah products across the state. The government’s action is rooted in considerations of public health and the broader public interest, invoking the powers granted under Article 47 of the Constitution of India.
Advocate General K Shashi Kiran Shetty emphasized the comprehensive nature of the ban, which disallows the provision of hookah services even within designated smoking areas, countering the petitioners’ claim of having specified areas for hookah consumption. The State’s stance is that such areas, often entire floors, are not confined to mere designated zones but are extensive areas earmarked for hookah smoking, which is contrary to public health objectives.
Responding to the court’s inquiries regarding the State’s authority to issue such a ban while legislation on hookah regulation is still pending gubernatorial assent, Shetty maintained that the notification was legitimately issued in the public interest. He underscored that public health falls within the jurisdiction of the state legislature and that the health department, which issued the notification, possessed the requisite authority.
The Advocate General highlighted Karnataka’s resolve to prohibit rather than regulate hookah consumption, drawing parallels to the state’s previous bans on substances like Gutka, arrack, and the lottery. He pointed out that similar amendments to the Cigarettes and Other Tobacco Products (COTPA) Act have been enacted by five other states, with Karnataka following suit.
Petitioners in the case argued against the ban, asserting that the COTPA Act itself allows for designated smoking areas, suggesting that a blanket ban is unjustifiable. They highlighted the availability of non-tobacco hookah products, questioning the blanket prohibition’s applicability to such items. Furthermore, they argued that the ban infringes upon Articles 14 and 19(1)(g) of the Constitution, which protect equality before the law and the right to conduct business, respectively.
The High Court is set to continue hearing the case, with petitioners expected to submit additional evidence, including hookah bar menu cards, to support their arguments. The state’s firm stance on the ban, grounded in public health concerns, sets the stage for a significant legal examination of regulatory versus prohibitory approaches to substance use and business operations related to hookah consumption in Karnataka.
