The Bombay high court today upheld a circular issued by the BMC banning sale of hookah and other tobacco products in restaurants and eating joints in the city limits.
The Bombay high court today upheld a circular issued by the Brihanmumbai Municipal Corporation (BMC) banning sale of hookah and other tobacco products in restaurants and eating joints in the city limits.
The civic body had on July 1 issued the circular following a direction from the high court to incorporate the rules and regulations, prescribed under the Cigarettes and Other Tobacco Products Act (COTPA), in the license agreements of all those restaurants and eating joints with an attached hookah parlour.
A division bench of Chief Justice Mohit Shah and Justice Girish Godbole was hearing a public interest litigation filed by an NGO "Crusade Against Tobacco" alleging that hookah parlours were selling tobacco products, including hookahs, to minors and are also violating several other rules prescribed under the Act.
According to the circular, restaurants and eating joints shall not sell or provide any tobacco related products like cigarettes or hookahs.
"However, the commissioner may permit a restaurant having seating capacity for more than 30 persons to have a separate smoking area. The restaurant shall, however, not provide any service or apparatus (hookahs) to facilitate smoking in the earmarked area," it stated.
The notice further says that no person below 18 years of age should be allowed inside the smoking area.
There are over 100 restaurants in the city with attached hookah parlours.
"As per the circular, a person above the age of 18 years can take his own cigarette and lighter and smoke in the smoking area," Chief Justice Shah said.
The high court refused to accept the arguments of the owners of several restaurants attached with hookah parlours challenging the corporation's circular.
"The circular is a complete ban. If the restaurants have a separate area for smoking and ensure that no minor person would be allowed inside that area why should there be a ban on hookahs," advocate SU Kamdar argued.
The court, while observing that there is no merits in the arguments, directed the state government to inform all the municipal corporations across Maharashtra to implement the guidelines within a month.
The court was also informed that if any restaurant is found flouting the conditions, action should be immediately taken to revoke their license.
According to the PIL, none of the restaurants have separate smoking and non-smoking sections. This exposes non-smokers to second-hand smoking and is a clear violation of the provisions of the Act.
It further said that the Supreme Court has banned smoking in public places after observing that a non-smoker cannot be compelled to be a victim of air pollution.
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