Today,22nd April, Karnataka High Court stated hookah is as risky as cigarettes, dismissing claims of reduced harm. Ruling emphasizes equal health hazards from both smoking methods. Decision comes amidst ongoing debates on tobacco-related risks and public health concerns. Court’s stance aligns with growing global awareness of smoking dangers.
Karnataka: On Monday, the Karnataka High Court upheld the State’s hookah ban, noting a widespread misconception that hookah smoking is safer than cigarettes.
Justice M Nagaprasanna delivered the verdict today, stating,
“All petitions are dismissed, and the judgment copy will be uploaded promptly.”
On March 11, the Court postponed its decision on the matter. Throughout the hearings, the Court noted that the central issue the State’s authority to impose a complete hookah ban.
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The Court observed,
“The widespread belief is that Hookah is safer than Cigarettes. However, research indicates otherwise. It’s a misconception that hookah smoking poses a lower risk of tobacco-related diseases compared to cigarettes. Hookah shares many common toxins with cigarettes, leading to similar health risks like lung cancer and respiratory illnesses. Prolonged hookah sessions expose smokers to high toxin levels, making it more harmful than a pack of cigarettes. An hour-long hookah session, roughly 200 puffs, is equivalent to smoking 100 cigarettes. Hookah is just as addictive and harmful as cigarettes, containing the same chemicals,”
The Court remarked that hookah, typically smoked in groups with shared equipment, increases the risk of diseases like hepatitis and herpes. Additionally, the Court observed the absence of statutory warnings on hookah, unlike cigarette packs and alcohol.
Based on Article 47 of the Indian Constitution regarding public health duties, the Court upheld the State government’s authority to ban hookah in Karnataka.
The Court also queried the delay in regulating hookah despite its comparable dangers to smoking 100 cigarettes.
The Court noted,
“A single puff from a water-pipe hookah is equal to smoking 100 cigarettes. Even herbal hookah, as seen previously, contains harmful carbon monoxide. Given this public knowledge, it is puzzling why the State remained silent and allowed these establishments to proliferate unchecked. It is estimated that there are approximately 800 hookah bars in Karnataka, all operating without regulation until now,”
Additional notable points from the judgment included:
- The Court affirmed that hookah, involving tobacco use, falls under COTPA: “Hookah tobacco” falls under the definition of “tobacco” in Section 3 of COTPA, making the ban on “smoking in public places” applicable to hookah as well.
- Hookah qualifies as a service under smoking prohibition laws: The Court highlighted that Rule 4 (3) of the Prohibition of Smoking in Public Places Rules, 2008, prohibits services in smoking areas. As hookah setup involves service elements, it violates this rule, and the State’s actions align with central directives under COTPA.
- Herbal hookah can also face bans due to molasses content: The Court rejected claims that herbal hookah, lacking tobacco or nicotine, escapes regulation. It pointed out that molasses in herbal hookah falls under prohibited substances in the Karnataka Prohibition Act, 1961.
- State’s authority to regulate hookah upheld: The Court affirmed the State’s power under List II of the Constitution to regulate public health matters. It justified the State’s actions under the Poisons Act, 1919, for controlling tobacco or nicotine-containing hookah.
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The Court as it rejected the petitions against the Karnataka hookah ban concluded,
“The regulations strongly support the State’s authority to prohibit any services in designated smoking areas, which aligns with the current action,”
Senior Advocate Kiran Javali contended that the State’s ban should not extend to herbal hookahs devoid of tobacco extract.
Advocates Jayasimha KS, Mahesh Chowdhary, and Mahesh S part of the legal team representing petitioners contesting the hookah ban.
Read Jusgement: [R Bharath and ors v. State of Karnataka]