Burning Brain Society v. India

In this public interest litigation, a public health organization, Burning Brain Society, brought a case against the Indian government and several state governments seeking to ban the operation of hookah bars.  The petitioners argued that nicotine is a poisonous drug and that its use in hookah violated the right to life guaranteed by the Indian constitution.  The petitioners argued that concentrated nicotine was added to the hookah tobacco to create a more dangerous and addicting product.  The court found the tobacco products used in hookah to be commonly laced with nicotine and that this was a harmful and dangerous drug.  Ruling for the petitioners, the court required the closing of the hookah bars and for the States to create a permanent task force to monitor and enforce the use of nicotine in hookah bars and to pursue criminal penalties against violators of the law.

Burning Brain Society v. Union of India CWP No.14597 of 2007 (2012)

  • India
  • Nov 5, 2012
  • The High Court of Punjab and Haryana at Chandigrah
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Parties

Plaintiff Burning Brain Society

Defendant

  • State of Haryana
  • State of Punjab
  • Union of India
  • Union Territory, Chandigarh

Legislation Cited

Article 21 of Constitution

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"Pursuant to the aforesaid order, the State of Haryana and Punjab filed their response giving details of the cases having been registered against Hookah Bars in various cities. The respondents have also placed on record the report of the Chemical Analyst obtained from the Central Forensic Science Laboratory, Ministry of Home Affairs, Government of India, in which it has been concluded that all samples were positive insofar as "Nicotine" is concerned...From the facts and circumstances narrated hereinabove, there is no doubt that many Hukkah bars are serving tobacco molasses containing "Nicotine", which is clearly illegal and entails penal consequences. In our considered opinion, the menace of the use of drug laced with "Nicotine" by the restaurants/lounges offering inhalation by means of hukkah/sheesha cannot be resolved only by closing down such offending hukkah/sheesha bars but the States of Punjab & Haryana and UT, Chandigarh are required to constitute task force to monitor the use of "Nicotine" in chemical form."