Allahabad High Court bans hookah services in Uttar Pradesh restaurants, even in smoking zones

In a Tuesday decision, the Allahabad High Court prohibited restaurants across Uttar Pradesh from operating hookah bars or providing hookah services, even within designated smoking areas, on the grounds that such practices violate the Cigarettes and Other Tobacco Products (COTPA) Act. A two-judge bench comprising Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary held that the constitutional right of non-smokers to breathe clean air in public cannot be subordinated to a business’s right to trade.

Citing Rule 4(3) of the 2008 Public Places Smoking Rules, as amended in 2017, the court ruled that offering any service—including hookah—in a designated smoking area is prohibited. The judges rejected petitions proposing a self-service model or classifying hookah equipment as a rental, noting that the preparation of a hookah inherently involves service by trained staff. The ruling characterizes the practice as a “flagrant violation” of the rule and the overall purpose of COTPA. This decision reinforces strict enforcement of tobacco-control regulations in public venues.