Allahabad high court rules against hookah use in Uttar Pradesh cafes, restaurants

The court held that the fundamental right of non-smokers to breathe clean air outweighs the right to run businesses with prohibited smoking activities.

The Allahabad High Court on Tuesday ruled that hookah bars operating inside restaurants, cafes and other public places are illegal, holding that the fundamental right of non-smokers to breathe clean air outweighs the right to run businesses involving prohibited smoking activities. The court further held that no service is permitted even inside a designated smoking area (DSA).

The bench of Allahabad High Court judges dismissed a bunch of pleas filed by restaurant and hookah bar owners challenging restrictions on the activity. (HT File Photo/ Representational)

The bench of justice Shekhar B Saraf and justice Abdhesh Kumar Chaudhary dismissed a bunch of pleas filed by restaurant and hookah bar owners challenging restrictions on the activity.

The petitioners argued that they had created separate DSAs in compliance with the Cigarettes and Other Tobacco Products Act, 2003 (COPTA), and therefore hookah smoking should be permitted.

However, the court observed that hookah smoking inherently requires commercial service, preparation, assistance and supply of hookah, flavour and coal at the table. Such services are prohibited under the amended Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008.