-KH News Desk (editorial1@imaws.org)
The Bombay High Court has approved the sale of herbal hookah in restaurants, delivering a significant ruling that provides clarity for establishments serving nicotine- and tobacco-free products. The order, issued by Justices Riyaz Chagla and Farhan Dubash on October 14, allows businesses to operate without interference from police, provided they strictly adhere to the law.
The decision came in response to a petition filed in June by Munib Birya and 11 other owners of hookah bars, who sought directions to the state home department and Director General of Police to comply with a previous August 2019 court ruling. The petitioners, represented by Senior Counsel Zubin Bheramkamdin and advocate Rajendra Rathod, among others, sought to operate their businesses without constant police raids and threats of shutdown, arguing they were not violating any law by serving non-tobacco hookah.
The Court’s Clarification and Directives
The High Court affirmed that the petitioners are “not prohibited” from running a restaurant business or serving hookah that does not contain tobacco or nicotine. The court’s primary focus was the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which was amended in 2018.
- No Action on Compliance: “As long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substance in the hookah parlour, then no action can be taken against them.”
- Enforcement of Prohibited Substances: The court mandated that the state and police authorities must strictly act under COTPA, which explicitly prohibits nicotine-filled hookah.
- Authority to Act: The order clarifies that if any infraction of COTPA is found, a police officer not below the rank of Assistant Police Inspector is empowered to take legal action. This also includes action against hookah parlours where drugs or narcotics are provided and consumed, which falls under the purview of the police department.
- Compliance with Section 3(ee): The court disposed of the petition by directing the police to comply with the law, specifically Section 3(ee) of COTPA, which permits “hookah bars” to serve herbal hookah.
Definition of Herbal Hookah
The article clarifies that herbal hookah is a non-nicotine and non-tobacco-based shisha. Unlike conventional hookah which uses tobacco leaves, herbal hookah contains a variety of natural ingredients such as sugar cane pulp, tea leaves, or dried fruits, which are then combined with a mixture of molasses, glycerin, and flavorings.
