The Karnataka Excessive Court docket on Monday upheld ban on Hookah imposed by the state authorities. The excessive courtroom had reserved judgment in March on a batch of petitions difficult a authorities notification banning the sale, consumption, storage, commercial and promotion of all kinds of hookah merchandise inside Karnataka.
A single decide bench of Justice M Nagaprasanna immediately pronounced verdict and rejected all of the petitions difficult the ban.
The notification by Karnataka authorities recognised hookah bar as a trigger of fireside hazards. These hookah bar had been seen in opposition to hearth management and hearth security legal guidelines. The notification mentioned that hookah in lodges, bars and eating places makes meals objects unsafe for public consumption and should adversely have an effect on public well being.
Whoever, violates the mentioned notification, shall be booked below COTPA (Cigarette and Tobacco Merchandise Act ) 2003, Youngster Care and Safety Act 2015, Meals Security and High quality Act 2006, Karnataka Poisons (Possession and Sale) Guidelines 2015, Indian Penal Code and Hearth Management and Hearth Safety Act.
The petitioners had contended within the excessive courtroom that the ban violated elementary rights assured below Article 14 and Article 19 of the Indian Structure. It was mentioned that allowing cigarette tobacco and banning hookah tobacco will not directly give licences to sellers of cigarette tobacco, thus violating the rights of hookah tobacco.