Karnataka HC upholds ban on hookah products
Bengaluru, Apr 22: In a significant ruling, the Karnataka High Court has upheld the state government's notification banning sale, consumption, storage, advertisement and promotion of all types of hookah products within the state. The decision came following the rejection of a batch of petitions challenging the government's ban, which was deemed necessary due to concerns over fire hazards, public health, and safety
A single judge bench of Justice M Nagaprasanna, after hearing arguments from both sides, had reserved judgment on March 11.
According to the government notification, hookah bars have been identified as potential causes of fire hazards and violations of state fire control and safety laws.
Additionally, the consumption of hookah in establishments such as hotels, bars, and restaurants poses risks to food safety and public health, further justifying the ban.
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Advocate General K Shashi Kiran Shetty emphasised the ban was issued in the public interest and is supported by relevant legislation, including the Cigarette and Tobacco Products Act (COTPA) 2003, Child Care and Protection Act 2015, Food Safety and Quality Act 2006, Karnataka Poisons (Possession and Sale) Rules 2015, Indian Penal Code, and Fire Control and Fire Protection Act.
Shetty argued that the absence of designated areas for serving hookah in establishments raises concerns, as full-service Hookah bars operate without proper regulation.
He contended that designated areas should only be allocated for dining purposes, not for smoking activities.
However, the petitioners contended the COTPA Act allows for designated smoking areas and does not support a blanket ban on hookah products.
They argued that as long as regulations are followed, hookah consumption can be done safely without posing a threat to public health.
One petitioner raised the issue of herbal hookah, citing Section 3(b) of the COTPA Act, which defines cigarettes as containing tobacco.
The petitioner questioned the justification for banning herbal hookah products that do not contain tobacco or nicotine, arguing against a blanket prohibition.
Furthermore, concerns were raised regarding the constitutional implications of the ban.
The petitioners argued that it infringes upon Article 14, which guarantees equality before the law, as well as Article 19(1)(g), which protects the right to carry out business activities.
Despite these arguments, the High Court maintained the ban on hookah products, ruling against the petitions challenging its validity.
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BJP slams move to make CM Siddaramaiah as RDPR varsity chancellor replacing Guv
Bengaluru (PTI): Opposition BJP on Friday condemned the government's move to make the chief minister the chancellor of the Karnataka State Rural Development and Panchayat Raj (RDPR) University replacing the governor, terming it as an attempt to pollute the higher education system.
State BJP president B Y Vijayendra said this attempt to cut down on the powers of the governor is a conspiracy to upset the constitutional system.
The Karnataka cabinet on Thursday approved a bill, according to which the chief minister will be appointed as the chancellor, replacing the governor at the RDPR University in Gadag.
The governor is the chancellor for all public universities in Karnataka.
Governor Thaawarchand Gehlot currently holds the post.
"With a good intention that politics should not mix in education and as per the intent of the constitution, the Governor who is also the constitutional head of the state is the chancellor of the universities. But the government led by Siddaramaiah (CM), which is engaged in a series of corruption, by abusing its existing powers, is trying to pollute the higher education system," Vijayendra posted on 'X'.
He said the government's move will allow "unnecessary political interference" in the field of rural development studies.
"The Congress government, which has been impatient towards the governor since the beginning, sees him as an enemy to cut down on the powers, and it is a conspiracy to upset the constitutional system. This move of the state government is highly condemnable," he added.
Earlier in September, the cabinet, at a meeting held in Kalaburagi, decided to divest the governor of the power to appoint the vice-chancellor of RDPR University.
Law and Parliamentary Affairs Minister H K Patil on Thursday defended the government's move and said, "It will make the university more active and quick decisions will be taken...this system is there in many states, including Gujarat and Arunachal Pradesh."
