Last Updated on August 20, 2024 by Shianjany Pradhan
Issue
The PIL sought directions from the respondents, including the UOI through the Ministry of Health and Family Welfare, to take immediate action against the illegal selling of hookahs on online platforms with health advisory.
It also said that an age verification system must be established.
It was also alleged that the sale of hookahs violates Article 21 of the Indian Constitution as it violates the public’s right to health and safety.
It violates various other legislations, like the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA).
Analysis
The division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed the same.
The court noted that Jagmitra Foundation, the petitioner, had not made any representation to the respondents before approaching the court.
The court inquired about any representation being made, to which it was replied that the RTI responses are still being received.
The court also clarified that, as per the PIL, the statues are occupied, so the issue is with the implementation.
It was finally observed that, even though the selling of hookahs illegally online is not disputed, the same must be represented to the center at first.
