NEW DELHI: The Delhi High Court on Tuesday directed the Centre to treat a Public Interest Litigation (PIL) as a formal representation regarding the “illegal online sale of hookahs” without proper health warnings on e-commerce platforms.
Underscoring that the petitioner, JagatMitra Foundation, had highlighted a significant concern, a bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela stated, “You must address it. The petitioner argues that this matter is already governed by statutory provisions which are not being enforced. It’s essential to determine the responsible agency and establish a standard procedure.”
The PIL urged the Union of India, represented by the Ministry of Health and Family Welfare, to crack down on the illegal online sale of hookahs without the requisite health warnings and to implement a system for age verification to regulate such sales. The petition argued that the sale of hookahs in public spaces exposes people to secondhand smoke, posing significant health risks.
The petition asserted that the unchecked sale and promotion of tobacco products via e-commerce platforms violate public health and safety rights under Article 21 of the Indian Constitution. It also claimed that these practices contravene the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA).
During the hearing, Gaurav Aggarwal, representing the petitioner foundation, contended that hookah smoke permeates beyond designated smoking areas and even contaminates food items served in restaurants, thus breaching COTPA regulations.
The court instructed the Centre to take necessary action and make a decision within three months.