HC upheld Karnataka’s ban on hookah

Published: 25th Apr, 2024

Context

Karnataka High Court has upheld the state government’s notification imposing a blanket ban on sale of hookah and water-pipe smoking.

The ban was imposed taking recourse to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003 and the Karnataka Poisons (Possession and Sale) Rules, 2015.
- Under Section 31 of the COTPA, the Centre can make further Rules to carry out the provisions of the Act.
In 2008, the Prohibition of Smoking in Public Places Rules were brought into force.
It is the duty of the state to raise the level of nutrition and the standard of living and to improve public health under Article 47 of the Constitution.
Article 47, along with the rest of the provisions in Part IV of the Constitution, is a “directive principle of state policy”.
Article 47 was intrinsically linked with the right to life with dignity under Article 21.
Reasonable restriction: Citizens have the fundamental right to “practise any profession, or to carry on any occupation, trade or business” guaranteed by Article 19(1)(g).
- However, the court held that this freedom can be subject to certain reasonable restrictions including the prohibition of certain occupations, trades and businesses, if it is “in the general interest of the public”.
- The court also held that a directive principle such as Article 47 can be used to justify a restriction on citizens’ rights under Article 19(1)(g).

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