The Lucknow bench of the Allahabad High Court on Wednesday observed that operating a hookah bar cannot be treated as a fundamental right and said the State is well within its powers to restrict such activities in the interest of public health.

A division bench of Justice Alok Mathur and Justice Amitabh Kumar Rai made the observation while dismissing the argument of hookah bar owners that their business was protected under the constitutional right to carry on trade or occupation.

The Court noted that hookah bars involve the use of tobacco and nicotine products, both of which are harmful to health. It observed that businesses linked to such activities can be regulated or restricted by the government, much like liquor and gambling-related trades.

The bench said the State has a duty to protect public health and is therefore empowered to impose reasonable restrictions on hookah bars, including closure of establishments and denial of licences where necessary.

The observations came while hearing petitions filed by hookah bar operators challenging administrative actions taken against their establishments.

The High Court also referred to restrictions imposed during the Covid-19 pandemic, when hookah bars were banned in Uttar Pradesh because of concerns over the spread of infection through shared smoking devices.