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Delhi HC seeks reply from civic bodies on PIL against hookah bars

Delhi's civic agencies were today asked by the Delhi High Court to file their replies to a plea for "effective" implementation of anti-smoking laws at public places and preventing restaurants from running 'hookah' bars.

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Delhi's civic agencies were today asked by the Delhi High Court to file their replies to a plea for "effective" implementation of anti-smoking laws at public places and preventing restaurants from running 'hookah' bars.

A bench of Acting Chief Justice AK Sikri and Justice RS Endlaw issued notices to New Delhi Municipal Council (NDMC), three MCDs, Central government and also the Delhi police on a plea for directions to them to effectively implement the Cigarettes and Other Tobacco Products (Prohibition of Advertisement ... and Distribution) Act (COTPA) and the Prohibition of Smoking in Public Places Rules.

The petition was filed by NGO World Lung Foundation - South Asia through its president Doctor GR Khatri, who alleged that some restaurant owners, who have obtained licence only to serve foods in their eating joints, have been running hookah bars which is violative of the licence conditions under the MCD and the NDMC Act.

Claiming that it has conducted a survey, the NGO said, "Some of hookah bars are operational and are serving hookah in the eating houses in flagrant violation of the terms and conditions of the licence."

"As per the Municipal Act, the eating joints which have been granted licence cannot run hookah bars as it comes within the mischief of Section 4 of the Act.

"Issue directions to respondents to cancel the licence of the eating houses who are running hookah bars without sanction of law," the petition said.

The petitioner NGO also sought direction for the civic agencies to incorporate a clause in their licences to restaurant owners to prohibit them from operating hookah bars.

"There is no prohibition against the New Delhi Municipal Council imposing any valid restriction or condition which was not incorporated at the time of issuance of licenses," the petitioner said.

It added that hookah-smoking is responsible for lung cancer, respiratory disease and low birth weight of babies.

"The combination of charcoal and tobacco is unique to hookah smoking and the charcoal has its own set of health effects in addition to the effects associated with tobacco use. Additionally, the use of the shared mouthpieces during smoking session can spread infectious diseases such as tuberculosis, herpes, influenza, and hepatitis," the petition said.

The petition sought the court's direction to public bodies for strict implementation of anti-smoking laws to remove the misconception that the risk of addiction in smoking hookah is less than smoking cigarette.

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