[Herbal Hookahs] Delhi High Court asks govt to reconsider prohibition in public places

Pursuant to pleas filed by owners of various hookah bars, lounges and restaurants across the capital, the Delhi High Court on Friday asked the Delhi government to reconsider its August 2020 order disallowing the use and sale of herbal hookahs at public places in view of the COVID-19 pandemic (Breath Fine Lounge & Bar v. Govt. of NCT of Delhi)..Justice Rekha Palli asked the Delhi government to reconsider the order passed by the Health Department on August 3, 2020, saying,"You did not tell the Court that the police is doing breath-analyser tests. If they're allowing breath analyser tests, why not allow hookahs as well?"Issuing notice in the matter, the Court ordered,"Advocate Santosh Kumar Tripathi accepts notice on behalf of the Delhi government and seeks time to take instructions as to why the order passed earlier is not being reconsidered. It is expected that the Delhi Disaster Management Authority (DDMA) will consider this aspect expeditiously."The matter will be heard next on September 30..Appearing for the petitioner, Advocate Nandni Sahni submitted an undertaking that individual hookahs were being provided to customers, with strict instructions to not share the same."Moreover, only 5% of the guests visiting these places are desirous of using the hookahs. Also, the breath-analyser tests have been recommenced in Delhi so there's no reason to limit hookahs now. Doing so would tantamount to a discriminatory treatment," Sahni argued.On the other hand, Delhi government's standing counsel Santosh Kumar Tripathi asserted that the Delhi government had to be careful."If we are fining people driving alone in their cars for not wearing a mask, how can we allow the sharing of a hookah from one person to another? A single mistake on part of the government can put us all at risk and increase the spread of COVID," he said..The petitioners had claimed that herbal hookahs do not come under the definition of 'smoking' under the Cigarettes and Other Tobacco Products Act (COTPA), 2003 which meant that it fell outside the purview of the August 2020 order."It may be noted that the definition of "smoking" as provided· in section 3(n) of COTPA, 2003 means smoking of tobacco in any form or with the aid of any instrument. Therefore it would only be hukkahs which contain tobacco or nicotine that would be covered under the provisions of COTPA, 2003," the petition read.The plea also averred that the livelihood and means of survival of almost 60-70 employees along with the business revenue of the establishments had gravely been affected due to this order.The petition was filed by Advocates Sachin Bandooni and Nandni Sahni..Hookah smoking permitted in designated smoking areas, rules Supreme Court