Full Breakdown
Allahabad High Court Bars Hookah Bars in Uttar Pradesh Restaurants
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Core Ruling
On September 29 2026, a Lucknow bench of the Allahabad High Court ruled that restaurants, cafés and other public places in Uttar Pradesh may not serve hookah even within designated smoking areas. The two-judge bench—Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary—dismissed 81 writ petitions seeking permission to operate hookah bars or provide self-service hookah. The court held that any preparation, lighting, replenishment or maintenance of a hookah constitutes a “service” prohibited under Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008 (amended 2017). Copies of the judgment were to be sent to the Uttar Pradesh chief secretary and the Director General of Police for immediate compliance.
Legal Background
The prohibition rests on the Cigarettes and Other Tobacco Products Act (2003) (COTPA) and the Prohibition of Smoking in Public Places Rules (2008). A 2017 amendment changed “no other service” to “no service,” creating an absolute ban on any service—including hookah—within a designated smoking area (DSA). The court clarified that a DSA allows only unaided smoking and that food-safety departments and municipal corporations lack authority to licence hookah bars, while police retain powers under COTPA to enforce the ban.
Health Context
The bench noted that a typical one-hour hookah session involves roughly 200 puffs, which the court equated to the harm of smoking 100 cigarettes. It also referenced India’s ratification of the WHO Framework Convention on Tobacco Control on June 14 2004, underscoring international obligations to enforce smoke-free indoor environments.
Implications for Businesses
Restaurant owners who operated hookah bars or proposed a self-service model must cease all hookah-related activities. The court rejected the argument that handing a ready-to-use hookah to a patron is merely a rental, emphasizing that preparation and maintenance make it a service. Police are now empowered to conduct raids and impose penalties. The judgment urged the Uttar Pradesh government to issue a notification similar to those adopted by Gujarat, Punjab, Rajasthan, Maharashtra and Karnataka, which have amended COTPA to specifically ban hookah bars and increase penalties.
Verbatim Quotes
- “The right of the non-smoker to breathe clean air in a public place is a fundamental right guaranteed under Article 21 of the Constitution of India, that cannot be abridged by commercial interest of an establishment having the right to Trade under Article 19(1)(g) of the Constitution of India.” — The court
What Comes Next
The court’s order anticipates a formal notification imposing stringent punishment for any provision of hookah services in DSAs. Enforcement actions by police are expected to intensify, and hospitality stakeholders will need to adjust their business models to comply with the clarified statutory framework.