The Allahabad High Court has held that restaurants in Uttar Pradesh cannot provide hookah service even in Designated Smoking Areas, because the amended Rule 4(3) of the 2008 Smoking Rules prohibits any service in a smoking area, and that a non-smoker’s right to clean air under Article 21 cannot be abridged by commercial interest.
The Bombay High Court clarified that serving hookah in restaurants is lawful if it is completely tobacco-free and adheres to all provisions under the Cigarettes and Other Tobacco Products Act (COTPA), reaffirming its earlier 2019 judgment.
