Haryana Govt enforces statewide ban on Hookah bars

The Haryana Assembly recently passed a bill prohibiting hookah bars from operating or serving hookah to customers in any location in the state, including restaurants. The bill is titled Cigarettes and Other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply, and Distribution) Haryana Amendment Bill, 2024. The bill, introduced by Home Minister Anil Vij, was passed in the evening.

According to the bill, after Section 4 of the principal Act (central law) -- The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution), Act, 2003, -- "The following section shall be inserted: '4-A. Prohibition of hookah bar -- Notwithstanding anything contained in this Act, no person shall either on his own or behalf of any other person, open or run any hookah bar or serve hookah to a customer in any place, including an eating house'." as quoted in India Today.

The bill defines the term "eating house" as having "any place where food or refreshment of any kind is provided or sold to visitors for consumption". Section 21-A will be inserted after Section 21 of the principal Act, according to the bill. The provision deals with the punishment for operating a hookah bar.

"Whoever contravenes the provisions of Section 4-A shall be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with a fine which shall not be less than Rs 1 lakh but which may extend to Rs 5 lakh," said the law.

During the bill's discussion, Congress MLA Varun Chaudhary brought up a provision in the amendment.

He stated that a "hookah bar" is any commercial establishment where people gather to smoke tobacco from a hookah or narghile, which is provided individually as a commercial service but excludes a traditional hookah.

"It mentions that traditional hookahs are not included in this. However, the bill does not define what traditional hookahs are. To avoid consequences, (violators) will put harmful and prohibited substances into that (traditional) hookah. Thus, it will defeat the very purpose of this bill," he stated.

Chaudhary also asked about how the law would apply if someone placed that "traditional hookah" in a commercial establishment and inserted prohibited substances into it. Vij asked that the bill specifically address commercial establishments, and the Congress leader was pleased with the minister's clarification.

According to the bill's statement of objects and reasons, the state government has taken serious note of hookah bars serving nicotine-laced tobacco in various districts. Hookah bars serve a variety of flavours and herbs. Hookah bars frequently serve illegal drugs disguised as flavours or herbs. "Such hookahs use a water pipe system and flavoured constituent ' shisha' heated with charcoal. Its use has increased significantly due to the misconception that it carries little or no risk, as well as the availability of multiple flavours and less harshness of smoke," it states. "However, smoke of such flavoured hookah contains various toxicants, which are not only harmful to the person smoking but also those nearby due to passive smoking," the report states.

(Inputs from agencies)