HC upholds circular banning sale of tobacco in eateries
Turning down the demands of hookah parlour owners in the city, the Bombay High Court on Thursday upheld a circular of the Brihanmumbai Municipal Corporation (BMC), which bans the sale of tobacco products, including hookah, in eateries.
Dismissing a bunch of petitions filed by hookah parlour owners, the Division Bench of Chief Justice Mohit Shah and Justice G S Godbole noted that the Municipal Commissioner has the authority to impose restrictions on articles which are hazardous to health.
Under the Cigarettes and Other Tobacco Products Act, 2003, the Municipal Commissioner has the power to put additional conditions on such establishments. Therefore, the BMC circular is valid. said Chief Justice Shah.
Arguing for the BMC, Geeta Joglekar contended, Rule 5 of the Prohibition of Smoking in Public Places Act, 2008, states a gazetted officer of the state or Centre has the authority to place restrictions in these matters. The Commissioner, therefore, has this power.
The BMC had issued the circular on July 4 on the directions of the High Court. The court was responding to a public interest litigation filed by NGO Crusade Against Tobacco, which demanded action against establishments which sell hookah to minors.
According to the circular, restaurants and eating joints cannot sell any tobacco-related products, like cigarettes and hookah.
Sanjay Kadam, who was representing Crusade Against Tobacco, said, We are extremely happy with the courts decision. It is a good step towards ensuring that tobacco addiction is kept at bay.