The recent ruling by the Karnataka High Court stating that there is no need for a separate license for serving tobacco-only hookahs has raised many eyebrows. The anti-tobacco crusaders say that the judgment has been misinterpreted and there is a mushrooming of hookah bars in the city in the past one month. The joy of the restaurants which have started serving hookahs may be short lived as the rules surrounding serving of hookahs will just get more stringent.
Now, the state tobacco control committee has issued an advisory to the health department and the BBMP to immediately crack down on these hookah bars which are not complying with the Cigarette and Other Tobacco Products Act (COTPA) regulations.
The advisory was issued by Dr Vishal Rao, member of the committee. Speaking to Bangalore Mirror, he said, "The recent order by the High Court has clearly laid down the guidelines for the licences and necessary clarifications with regard to the usage of hookah. But this has been misinterpreted by many people. Just like cigarette smoking, hookah-smoking has been linked to oral cancers, heart disease and other serious illnesses. Many hotels and restaurants are now openly selling hookah as they are under the impression that hookahs don't require licences. This may attract a lot of youngsters, posing a threat to their lives."
The petition was filed by Diamond Enterprises at Jayanagar 4th block. The petitioner had said that when he approached the BBMP to seek a licence, the officials had told him no separate license must be obtained to serve hookah to the customers. The petitioner also appealed before the court to restrain police interference.
Rao met the health minister and the BBMP on behalf of the committee seeking intervention in controlling these hookah bars. "Even though there is no need for a separate licence for the hookah bars, they have to be strictly regulated under the COTPA Act, which has regulations that any restaurant with less than 30 seats cannot have a smoking room and therefore cannot sell hookah as well. The hotels should have separate smoking rooms and there should be nothing else served in that room which includes food and alcohol. It should not be sold within 100 yards of any educational institution. There should be no advertisement at the point of sale of hookah. Wherever there is a sale of tobacco, there should be a pictorial representation suggesting its harmful effects but none of the places that sell hookah are following these rules and this has to be stopped completely."
WHAT LAW SAYS
Even though there is no need for a separate licence for hookah bars, they have to be strictly regulated under the COTPA Act, which says any restaurant with less than 30 seats cannot have a smoking room and therefore cannot sell hookah as well. Hotels should have separate smoking rooms and there should be nothing else served in that room
Resource :http://www.bangaloremirror.com/bangalore/crime/Tobacco-only-hookah-ruling-misinterpreted-crusaders/articleshow/49219285.cms
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