Delhi High Court

The use of hookahs in restaurants and bars violates the state’s fire safety act, COTPA, according to the Delhi government

The use of hookahs in restaurants and bars violates the state’s fire safety act, COTPA, according to the Delhi government

The Delhi Government has informed the Delhi High Court that the use and service of hookahs in restaurants and pubs violates the State’s Fire Prevention and Safety Act, 1986.

The Cigarettes and Other Tobacco Products Act of 2003 further states that doing so is illegal. According to the affidavit filed by the Delhi government,

“…its usage in public places will be in violation of Section 4 of the COTPA of 2003. According to section 4 of the COTPA, 2003 and its provisions; any device meant to assist smoking, such as ashtrays, lighters, matches, or other items, is prohibited in public areas. As a result, using a herbal hookah will make it easier to use a tobacco hookah in public places.”

It is also noted that; smoking hookah in open or closed spaces is a violation of Sections 269 and 270 of the Indian Penal Code. Which states that a negligent/malignant act likely to spread infection of a disease dangerous to life, because infectious diseases such as oral herpes, tuberculosis, hepatitis, influenza, and Coronavirus can be spread.

Because of the Delhi government’s stance, the Court ordered the petitioners to file a response, and; the case was rescheduled for November 12.

Individual hukkahs are offered to customers in the restaurants and eateries run by the petitioners, and; they are not shared with other customers at any expense, according to the petitioners.

Previously, the Court had directed the Delhi Government’s Disaster Management Authority to urgently review and settle the matter of allowing restaurants and bars to offer and sell Herbal Hukkahs.

 

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