Allahabad HC bars sale of hookah in restaurants, operation of hookah bars in UP, cites violation under COTPA

The Allahabad High Court on Tuesday prohibited restaurants in Uttar Pradesh from operating hookah bars or providing hookah services in designated smoking areas. The court said the practice violates COTPA rules and rejected a proposed self-service model as a way to bypass the restrictions.

The Allahabad High Court on Tuesday prohibited restaurants in Uttar Pradesh from operating hookah bars or offering hookah services even in "Designated Smoking Areas", citing violations under the Cigarettes and Other Tobacco Products (COTPA) Act.

LiveLaw reported the development, saying that the High Court held that a non-smoker’s right to breathe clean air in public spaces cannot be compromised to protect the commercial interests of an establishment exercising its right to conduct business. The court noted, "The right of the non-smoker to breathe clean air in a public place is a fundamental right guaranteed under Article 21 of the Constitution of India, that cannot be abridged by commercial interest of an establishment having Right to Trade under Article 19(1)(g) of the Constitution of India."

What did the court say?

A two-judge bench of Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary dismissed a series of connected petitions regarding the operation of hookah bars and hookah services in restaurants.

Further, the two-judge bench noted that under Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, as amended in 2017, read with COTPA, providing hookah service even in a 'Designated Smoking Area' is also banned.

The court was not considering whether smoking tobacco through a hookah was prohibited by itself. Instead, it examined whether restaurants and similar establishments could offer hookah services within a Designated Smoking Area, the report noted.

The court noted that COTPA generally prohibits smoking in public places, with Designated Smoking Areas being a limited exception. However, it clarified that allowing smoking in such an area does not mean restaurants can offer hookah services there, as amended Rule 4(3) bars the provision of “any service” within a smoking area.

Calling the provision of hookah services in restaurants and the operation of hookah bars a "flagrant violation of Rule 4(3) and contrary to the scheme and object of COTPA", the Allahabad High Court rejected the practice.

Petitioners call for 'self-service' model

The petitioners argued that restaurants in Uttar Pradesh could opt for a 'self-service model', wherein the hookah would be prepared and handed over to customers, who could then smoke it without the assistance of restaurant staff. However, the proposed arrangement was also rejected by the High Court, which observed that preparing a hookah involves multiple steps, including putting together the hookah, adding tobacco to the bowl, filling the base with water, covering it with foil and placing hot charcoal on top.

The court said, "The self-service model hypothetically synthesised by the petitioners to skirt around the clutches of the COTPA and the amended Rules is not a viable model as procedural operation of hookah intrinsically involves 'service' which needs to be carried out by the one having expertise in it and is not an operation that can be carried out by patrons who are not trained and are novices."

Further, the petitioners argued that providing hookah apparatus to customers should be seen as a rental rather than a service, a notion rejected by the court.

About the Author

Swati Gandhi is a digital journalist with over four years of experience, specialising in international and geopolitical issues. Her work focuses on foreign policy, global power shifts, and the political and economic forces shaping international relations, with a particular emphasis on how global developments affect India. She approaches journalism with a strong belief in context-driven reporting, aiming to break down complex global events into clear, accessible narratives for a wide readership.<br><br> Previously, Swati has worked at Business Standard, where she covered a range of beats including national affairs, politics, and business. This diverse newsroom experience helped her build a strong grounding in reporting, while also strengthening her ability to work across both breaking news and in-depth explanatory stories. Covering multiple beats early in her career has helped her be informed about her current work, allowing her to connect domestic developments with wider international trends.<br><br> At Live Mint, she focuses on international and geopolitical issues through a business and economic lens, examining how global political developments, foreign policy decisions, and power shifts impact markets, industries, and India’s strategic and economic interests.<br><br> She holds a Bachelor’s degree in English (Honours) from the University of Delhi and a Master’s degree in Journalism and Mass Communication from Guru Gobind Singh Indraprastha University. Her academic training has shaped her emphasis on precision, analytical rigour, and clarity in writing. Her interests include global political economy and the intersection of geopolitics with business.<br><br> Outside work, Swati focuses on exploring her passion and love for food. From fancy cafes to street spots, Swati explores food like a true foodie.

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