The Maharashtra government told the Mumbai High Court on Monday that its decision to ban hookah salons in the state was made in the public interest. The state resolution announcing the new law also mentioned that it would help reduce incidents of minors, students, etc. using tobacco when they visit these hookah parlors. Later, Abdi`s lawyer, lawyer Sujay Kantawala, pointed out that the plant-based hookah does not contain any tobacco products and that the nicotine-free product contains harmless elements such as glycerin and sugar. The High Court has therefore lifted all its bans on banning plant-based hookah and all hookah products other than tobacco, giving Mumbai restaurateurs a reason to celebrate. „The law protects minors from health risks caused by tobacco and other harmful chemicals used in hookahs,“ he added. The Mumbai Supreme Court on Monday issued a notice to the Maharashtra government regarding petitions challenging the general ban on opening and operating hookah parlors in the state. Shisha attracts many millennials and customers in general, leaving them sitting in the restaurant for an average of two hours. The longer period leads customers to order more food from restaurants that serve shisha.
The hookah was found to be mixed with tobacco, the official said, adding that various flavors of hookah, jars, cigarettes and other devices had been seized. The petitioners allege that the blanket ban on hookahs violates their constitutional right to earn a living. He told the bench that Maharashtra had received several representations from the police stating that it was not in a position to take action against illegal hookah salons because there was no law. On October 4, the Maharashtra government enacted an amendment to the 2003 COTPA to ban hookah salons. There has been an ongoing debate about the sale and consumption of hookahs for some time. There have been many conversations about what is right and what is wrong in relation to hookah consumption. After hookah bans were banned in Delhi, Gujarat and Mumbai, many petitions were filed against the government regime, as many people`s livelihoods depended on the sale of hookahs. The bank has heard a number of petitions filed by hookah parlor owners challenging a new law that went into effect by the state government in October. Restaurateurs in these areas are faced with the problem of banning hookahs and its negative effects afterwards.
Many small cafes and restaurants in Mumbai did not have liquor licenses and relied solely on hookahs. The hookah ban has led to a sharp drop in sales at these restaurants. The Interior Ministry had planned to regulate hookah salons, but Prime Minister Devendra Fadnavis insisted on a blanket ban after the Kamala Mills fire in December 2017, in which 14 people suffocated. During the raid around 2:30 a.m., the Crime Intelligence Unit (CIU) found that at least 27 customers had received hookahs, he said. After the hookah ban, restaurant owners filed a petition to lift the ban. Ali Reza Abdi, a restaurateur, complained about the ban on plant-based hookahs because he had operated three stores in Mumbai under the „Sheesha Sky Lounge“ brand. The outlets had about 400 employees and were closed after the Kamla Mills tragedy. „The ban on regulating hookah parlors came after the Mumbai Supreme Court ordered a few years ago, but they were operating in consultation with the authorities.
Now, with the blanket ban, the government should ensure its strict implementation,“ said Dr. Pankaj Chaturvedi, a cancer surgeon and anti-smoking activist. It prohibits any person from „owning or opening a shisha parlor anywhere in the state, including restaurants, and operating it on behalf of another person.“ According to the petition, the state government introduced the amended law after the Kamala Mills fire in the city last year. One case has been registered against salon staff, customers and others under various sections of the Indian Penal Code (IPC), the Cigarettes and Other Tobacco Products Act and the Disaster Management Act, he said. Mumbai police raided an illegal shisha parlor called „The Owl“ on Saturday. Maharashtra`s lawyer, SU Kamdar, filed an affidavit with the court defending the Cigarettes and Other Tobacco Products Ban Act 2018 (COTPA), which prohibits anyone from „owning or opening a hookah parlor anywhere in the state, including restaurants, and operating it on behalf of another person.“ Many Mumbai government officials believed there was more to it than just hookah sold in these salons. „Gujarat has already banned hookah salons, Maharashtra will be the second Indian state to do so. In addition to tobacco use, there were complaints of drug use in these salons,“ a Mumbai Police Department official said. A blanket ban on hookahs was imposed in Mumbai after the Kamla Mills fire, which killed 14 people. The petitions also state that the Kamala Mills fire was not due to hookah consumption, but because the restaurant`s owners had not followed state and Brihanmumbai Municipal Corporation (BMC) rules to establish a separate and safe place for hookahs. After the incident, the state amended the COTPA (Cigarettes and Other Tobacco Products Act) and banned hookah bars or any place even remotely involved in the sale of hookahs.
People were to be sentenced to up to three years in prison if they purported the hookah. The Maharashtra government issued a statement on Thursday and introduced a blanket ban on hookah salons in the state with immediate effect. This legislation violates the fundamental right to exercise a profession or to exercise a profession, trade or enterprise, as it is intended only to constitute restrictions and not a complete prohibition. Imposing a ban on hookah lounges will not be in the public interest, as the nicotine content of hookah is lower than that of cigarettes and bidis. In addition, Abdi argued that plant-based hookah is not a tobacco product and therefore should not be amended under COTPA. He also mentioned that none of the court representatives had been willing to respond to his request and that he had been forced to appeal to the court. The Mumbai High Court declared on Monday, July 15, 2019 that herbal hookah is tobacco-free and therefore not for sale. The court order came after Abdi appealed to the Supreme Court to find that provisions of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) do not apply to tobacco-free hookahs.
Authorities cannot take action against him if he serves herb shisha in his rooftop restaurant (Sheesha Skylounge). Mumbai: Shisha salon in Andheri searched; 42 reserved „The law was enacted after lengthy deliberations to protect the overriding public interest. Most hookah parlors are frequented by teenagers and students,“ Kamdar said. In 2010, the BMC banned smoking in the form of cigarettes, bidis and hookahs in all licensed restaurants, hotels and other restaurants. Mumbai Police`s Criminal Investigation Department raided a shisha parlor operated from the terrace of a hotel on the outskirts of Andheri in the early hours of Saturday morning and booked 42 people, an official said. HT reported on January 11, 2018 that the government was considering banning hookah salons. According to the Investigation Committee`s report, the fire was caused by embers from a hookah. The fire, which killed 14 people, was caused by embers of shisha in one of the establishment`s restaurants. The government has responded to a series of petitions submitted by hookah parlour owners across Maharashtra questioning the government`s blanket ban on opening and operating hookah parlors in the state. The bill is called the Maharashtra Amendment Act 2018 (COTPA) Act 2018 and received presidential approval in September. The petitioners challenged the new law, arguing that it violates their constitutional right to subsistence.
Activists have expressed concern about the extent of enforcement of the ban.
