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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Make polling hours 6am-7pm for May 7 LS polls, Karnataka BJP urges EC citing heatwave
Bengaluru, May 3: Citing the ongoing heatwave in the state, Karnataka BJP on Friday petitioned the Election Commission with a request to modify the polling hours to the 6am-7pm period in the 14 parliamentary constituencies in the state that goes to polls on May 7.
Polling is currently scheduled to be held in the second phase in the state in 14 segments in the northern districts between 7am to 6pm on May 7.
"It has become hard to come out and vote between hours 10.00 to 17.00 due to uncontrollable heat. The average heat in those parts (north Karnataka) covering 14 parliamentary constituencies are between 37 and 42 degree (Celsius). The mercury is rising at an alarming level and it would become hard for the electors to come out and vote," BJP's petition said.
The petition highlighted the alarming rise in temperatures, which are expected to go beyond 40 degree Celsius, and also stated that the number of voters over the age of 40 is high and that they are vulnerable to the heatwave.
"To keep up the good spirit of voting, necessary action should be taken," the BJP petition urged the Election Commission, saying, "In this background, it is requested to modify the time of voting in the 14 parliamentary constituencies from 06.00 to 19.00 hours on May 7".
Polling was held between 7 am and 6 pm during Karnataka's first phase of the Lok Sabha polls in 14 constituencies on April 26.
