2. Hookah is a service; prohibition on smoking and providing service in same place applies: The Court noted that after an amendment in 2017, Rule 4 (3) of the Prohibition of Smoking in Public Places Rules, 2008 lays down that “no service shall be allowed in any smoking area or space provided for smoking.”
The Court reasoned that since hookah necessarily requires the setting up of an apparatus (water pipe, hot coal, hot water along with nicotine or herbal hookah etc.), it is a form of service.
Hence, hookah smoking “flies on the face of sub-rule (3) of 2017 Rules“, the Court held. In this context, the Court added that the State government was merely implementing the Central government’s directive under COTPA.
Source: Barandbench
