Tobacco-free hookah allowed in restaurants: Bombay High Court
Court clarifies serving herbal or nicotine-free hookah is permitted under law with compliance to COTPA
The Bombay High Court ruled that restaurants, cafés, and parlours are not prohibited from serving hookah that does not contain tobacco or nicotine. This clarification came in a petition filed by restaurant owners facing police harassment and threats of raids over serving hookah.
A Division Bench of Justices RI Chagla and Farhan Dubash relied on the precedent set in the 2019 case of Munib Birya & Ors. v. State of Maharashtra & Ors., which held that serving herbal or tobacco-free hookah is permissible. The Court emphasized that as long as the establishments comply with the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and avoid serving banned substances, they cannot be penalized.
The 2018 amendment to Section 3 of COTPA recognized hookah bars and clarified that the prohibition applies only to tobacco-containing hookah. The Court also noted that any enforcement under COTPA must be initiated by police officers not below the rank of Assistant Police Inspector.
Senior Advocate Zubin Bheramkamdin represented the petitioners, while the State of Maharashtra was represented by Government Pleader PH Kantharia and Additional Government Pleader Jyoti Chavan.