Lucknow, September 29 (TNA) The Allahabad High Court has ruled that hookah bars cannot operate in Uttar Pradesh, including within designated smoking areas at restaurants, cafes and other public places. A division bench of the court’s Lucknow Bench held that designated smoking areas allow individuals to smoke, but do not permit establishments to commercially provide hookah or any related service. The court dismissed a batch of petitions filed by restaurants and hookah bar operators seeking permission to offer hookah services in such areas.
No Service in Designated Areas
The court said the 2017 amendment to Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, prohibits the provision of any service inside a designated smoking area. The restriction applies to hookah, tobacco products, flavouring materials, coal and other items supplied as part of the service.
The bench also rejected attempts to bypass the law by describing hookah as a self-service facility or by claiming that the hookah apparatus was merely being rented to customers. According to the court, operating hookah bars under the cover of designated smoking areas would violate the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), and the applicable rules.
Non-Smokers’ Right to Clean Air
The High Court underlined the right of non-smokers to breathe clean air in public places. It observed that this right is protected as a fundamental right under Article 21 of the Constitution and cannot be compromised to protect the commercial interests of restaurants or other establishments.
The ruling makes it clear that restaurants and other public establishments in Uttar Pradesh cannot use designated smoking areas as a means to continue offering hookah services.