Restaurant and Lounge Vyapari Association, Bhopal v. State of Madhya Pradesh
The Restaurant and Lounge Vyapari Association challenged two orders issued by the Bhopal government that sought to prohibit the operation of hookah bars. The court quashed both orders – one on procedural and one on substantive grounds. The court found one order temporary and no longer effective, observing that the statutory scheme authorizing the order contemplated redress of emergency situations and not relief for permanent or semi-permanent problems. The court found the other order too general because it did not reference violations of India's omnibus tobacco control law, COTPA, or its implementing rules. The court however noted that the government could take action against hookah bars if such establishments operated within 100 yards of educational institutions or if smoking occurred outside of smoking areas or places. The court further noted that the government may pass another order regarding hookah bars if another threatening situation emerged. The court however held that repetitive orders are not permitted.
Restaurant and Lounge Vyapari Association, Bhopal v. State of Madhya Pradesh, W.P. 15487/2014, Madhya Pradesh High Court (2015).
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.
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.
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"... Accordingly, this petition is hereby allowed in part with the following
directions :-
i) As the sale of tobacco products is strictly prohibited to the persons below the age of
eighteen years, and [up to] hundred yards of the educational institutions in the State, as
per section 6 of the COTP Act, however, directed that in case of any violation action
ought to be taken applying the mandate of law.
ii) As per section 4of the COTP Act, smoking at a public place is prohibited subject to compliance of rule 3 and rule 4 of the Rules of 2008. However, directed that in hotels, restaurants and at other public places smoking can be permitted within the ambit of rule 4 of the 2008 Rules.
iii) The hotel and restaurant owners cannot be permitted to offer Hookah or use of tobacco products by pipe or by any other instrument on each and every table under the garb of service; in fact it can be permitted in a smoking area or space only. However, it is directed that smoking may be permitted in hotel and restaurants only in the smoking area or place, otherwise action maybe taken in accordance with law."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Restaurant and Lounge Vyapari Association challenged two orders issued by the Bhopal government that sought to prohibit the operation of hookah bars. The court quashed both orders – one on procedural and one on substantive grounds. The court found one order temporary and no longer effective, observing that the statutory scheme authorizing the order contemplated redress of emergency situations and not relief for permanent or semi-permanent problems. The court found the other order too general because it did not reference violations of India's omnibus tobacco control law, COTPA, or its implementing rules. The court however noted that the government could take action against hookah bars if such establishments operated within 100 yards of educational institutions or if smoking occurred outside of smoking areas or places. The court further noted that the government may pass another order regarding hookah bars if another threatening situation emerged. The court however held that repetitive orders are not permitted.