Why High Court upheld Karnataka’s ban on hookah

Subject: Polity

Sec: Constitution

Context:

The Karnataka High Court on Monday (April 22) upheld the state government’s ban on hookahs as being in the interest of the general public.

More on news:

The Karnataka High Court ruled that hookah bars were an illegal “service” under India’s anti-tobacco law.
On March 11, a single judge Bench of Justice M Naga Prasanna had reserved its judgment on the challenges by several restaurant owners to the government’s February 7 notification.

Article 47 and Article 19(1)(g) of the Constitution:

The government argued that Article 47 of the Constitution places a duty on the State to raise the level of nutrition and the standard of living and to improve public health, which includes the prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Article 47, along with the rest of the provisions in Part IV of the Constitution, is a directive principle of state policy.
According to the Constitution, directive principles are not enforceable by any court.
The principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
The HC held that Article 47 was intrinsically linked with the right to life with dignity under Article 21.
States and its authorities aim to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Article 21.
Article 19(1)(g) provides the right to practice any profession, occupation, trade, or business.
Citizens have the freedom to choose and engage in their preferred livelihoods.
Reasonable restrictions can be imposed on this right in the interests of the general public, professional qualifications, or the sovereignty and integrity of India.
The court also held that a directive principle such as Article 47 can be used to justify a restriction on citizens’ rights under Article 19(1)(g).

Illegal ‘service’ under tobacco law COTPA:

Under Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), the Centre can make further Rules to carry out the provisions of the Act.
In 2008, the Prohibition of Smoking in Public Places Rules were brought into force.
Justice Nagaprasanna relied on Rule 4(3) which, after an amendment in 2017, states No service shall be allowed in any smoking area or space provided for smoking.
The court asked whether hookah smoking is plain smoking which can be permitted in a designated area or it is a product of service that needs to be rendered.