Running Hookah Bar No Fundamental Right, State Can Restrict: Court

The Lucknow bench of the Allahabad High Court on Wednesday observed that running a hookah bar is not a fundamental right and the state has full authority to restrict such activities in the interest of public health.

A division bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai made the observation while rejecting the contention of hookah bar operators that running such establishments was protected under the fundamental right to carry on trade or business.

The court observed that hookah bars involve the consumption of tobacco and nicotine, which pose a serious threat to public health; therefore, such activities can be excluded from the ambit of protected trade and business rights in the same manner as liquor and gambling.

The bench said the state government has complete authority to impose restrictions on such activities to safeguard public health.

In their petitions, the hookah bar operators had challenged administrative actions, including closure of businesses and denial of licences, against their establishments.

In its order, the bench also noted that during the Covid-19 pandemic, the high court had prohibited hookah bars in the state in view of the risk of the spread of infection. 

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