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.

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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

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.
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