Uttar Pradesh Hookah Ban
Allahabad High Court Bans Hookah Services Across Uttar Pradesh In Landmark Ruling
Anonymous
The Allahabad High Court ruled that restaurants, cafes and other public establishments in Uttar Pradesh cannot operate hookah bars or provide hookah services, including in designated smoking areas, and dismissed petitions seeking permission. It held that the areas are only a limited exception to the public-smoking ban under COTPA, and that preparing, supplying or maintaining a hookah is a service prohibited by rules amended in 2017; describing it as equipment rental or self-service does not make it permissible. The court said food-safety and municipal authorities cannot issue separate hookah-bar licences, while police may enforce the tobacco laws. It emphasized that non-smokers’ constitutional right to breathe clean air outweighs businesses’ commercial interests.
Key Points
1
The court highlighted that the 2017 amendment changed Rule 4(3)’s wording from “any other service” to “any service,” a textual change it said encompassed hookah preparation and related assistance.
2
The court clarified that it was not deciding whether smoking tobacco through a hookah is prohibited in itself; it was considering whether establishments may provide hookah services in designated smoking areas.
3
The petitioners had also sought protection from police interference, in addition to permission to serve hookah; the court dismissed their petitions.
4
The court characterized hookah-bar operations and hookah services in restaurants as a “flagrant violation” of Rule 4(3) and contrary to COTPA’s purpose.
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