TOBACCO CONTROL LAWS

Diamond Enterprises v. State of Karnataka

Diamond Enterprises, owner of a hookah bar, alleges that, contrary to a government requirement, it does not have to obtain a license to serve hookah. The court agreed with Diamond Enterprises. The court observed that, pursuant to India's omnibus tobacco control law, smoking, although restricted, is defined as using tobacco with a wrapper or in any instrument and does not require a license.  The court noted that the government could take action if illegal activity was found while monitoring the premises.

Diamond Enterprises v. State of Karnataka et al., W.P. 14226/2015, High Court of Karnataka at Bengaluru (2015).

  • India
  • Sep 3, 2015
  • High Court of Karnataka at Bengaluru
Download Document

Parties

Plaintiff Diamond Enterprises

Defendant

  • Assistant Commissioner of Police, Mico Layout Subdivision
  • Commissioner of Police, Bengaluru City
  • State of Karnataka
  • Station House Officer, Thilak Nagar Police Station
  • The Bruhath Bengaluru Mahanagara Palike

Legislation Cited

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
"If that be the position, the use of the instrument known as Hooka cannot be prohibited as long as such smoking is of Tobacco through the Hooka and no other prohibited substance is used. Therefore, if the said Hooka is used for any other illegal purpose, certainly the law enforcing authorities including the jurisdictional police would be entitled to take appropriate action in accordance with law."
"Insofar as the use of Tobacco, the same is regulated under the provisions of the [Cigarettes] and other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act 2003. Under the said Act smoking has been defined which includes the smoking of Tobacco in any form including the use of [wrapper] or in any other instrument and for that a licence is not prescribed notwithstanding the restrictions provided."
View Limitations
1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2025 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by