Allahabad High Court Rules Hookah Bars Not a Fundamental Right

The Allahabad High Court has declared that running hookah bars is not a fundamental right, allowing the state to regulate these establishments for public health reasons. The court dismissed claims by hookah bar owners that their businesses are protected under trade rights, aligning them with liquor and gambling restrictions.

The Allahabad High Court has ruled that operating hookah bars is not protected by fundamental rights, entrusting the state with the power to regulate these businesses for the sake of public health. The decision highlights the court’s stance against the notion that hookah bars fall under the right to trade.

Judges Alok Mathur and Amitabh Kumar Rai, in their statement, emphasized the health risks posed by hookah bars due to tobacco and nicotine consumption. They stated that similar to liquor and gambling, hookah bars could be restricted to safeguard public health.

The court addressed petitions from hookah bar owners who contested government measures such as business closures and license refusals. The bench affirmed the state's complete authority to impose such restrictions.

Furthermore, the high court recalled its prohibition of hookah bars during the Covid-19 pandemic, underscoring the health risks and the potential virus transmission associated with these venues.