Allahabad High Court Bans Hookah Bars in UP, Justice Saraf Pens Poem on Smoking Dangers

In a landmark ruling that prioritizes public health over commercial interests, the Allahabad High Court has held that hookah bars cannot operate in Uttar Pradesh, even within Designated Smoking Areas (DSAs) under the Cigarettes and Other Tobacco Products Act (COTPA) . The judgment, delivered by a division bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary, carries an unusual epilogue: a personal poem by Justice Saraf recounting his own struggle with tobacco addiction, aimed at educating the younger generation about the perils of smoking.

The court’s decision, issued on Tuesday in the case of M/s Aftek Foods and Beverages Pvt. Ltd. vs State of U.P. , effectively shuts down the practice of serving hookah in restaurants, cafes, and other public places across the state. The bench ruled that the right to clean air under Article 21 of the Constitution overrides the right to trade , and that hookah services in DSAs are unlawful.

The Judicial Epilogue: A Judge’s Personal Warning

What sets this judgment apart is the deeply personal poem appended by Justice Saraf under the heading “My Experience With Tobacco Smoking.” The judge candidly described his own journey from a law student who “sneered at the smokers” to an addict who eventually smoked a pack a day. “From my own experience of smoking, I pen these last paragraphs in an attempt to educate the young generation of this country to not become a prey to the deleterious and indelible habit of tobacco smoking,” Justice Saraf wrote.

The poem traces the progression from an initial “just one” cigarette offered by a senior over chai to a full-blown habit. “The ‘occasional’ ‘sutta’ soon grew bold, / It multiplied like rabbits, unrestrained,” the judge wrote. He described attempts to quit using patches and gum, only to relapse, and the physical toll—coughing, phlegm—that followed. The poem ends with a stark warning: “Don’t be the fool who scoffed, only to become a boiling frog.”

This unusual judicial expression has resonated widely, highlighting the human dimension of a public health crisis. Legal experts note that while judges occasionally include personal anecdotes in judgments, a full poem on addiction is rare and underscores the gravity of the tobacco epidemic.

Legal Basis: Right to Clean Air Overrides Trade

The core of the judgment rests on the interpretation of COTPA, which prohibits smoking in public places but allows DSAs. The petitioners, who operated hookah bars, argued that they were compliant by serving hookah only in designated smoking areas. The court rejected this contention, holding that the very act of rendering hookah services—even in DSAs—contravenes the object and spirit of COTPA .

The bench observed that a hookah session of approximately one hour involves an estimated 200 puffs, equivalent in harm to smoking 100 cigarettes. “Hookah is as addictive as a cigarette, as harmful as a cigarette, and contains the same toxic chemicals as a cigarette,” the court noted. It further recorded that several states—including Gujarat, Punjab, Rajasthan, Maharashtra, and Karnataka—have already enacted state-level amendments to COTPA specifically banning hookah bars and enhancing penalties.

The court directed the State of Uttar Pradesh to “rise to the occasion” and issue a notification imposing stringent punishment for the service of hookah in all DSAs within the state. The judgment was also sent to the Chief Secretary and Director General of Police for compliance.

Public Health Implications and State Duty

The decision reinforces the constitutional right to health under Article 21, which the Supreme Court has repeatedly held includes the right to a clean and healthy environment . By declaring that the right to clean air prevails over the right to trade , the Allahabad High Court has set a precedent that could influence similar cases across the country.

Public health advocates have welcomed the ruling, noting that hookah bars have become increasingly popular among young people, often marketed as a “safer” alternative to cigarettes. The court’s detailed medical analysis debunks this myth, citing studies that show hookah smoke contains higher levels of toxic metals and carcinogens.

The bench also expressed concern over the “grave medical significance” of hookah smoking, especially given its social and communal nature in lounges and cafes. The judgment is expected to prompt the Uttar Pradesh government to act swiftly, following the lead of other states that have already banned hookah bars outright.

Impact on Legal Practice and Policy

For legal practitioners, this judgment offers a nuanced application of COTPA and the balance between fundamental rights . It illustrates how courts can use Article 21 to override statutory permissions when public health is at stake. The case also highlights the role of judicial creativity—the poem serves as a powerful rhetorical tool, making the legal reasoning accessible and memorable.

The decision may spur other high courts to adopt similar approaches in public health litigation, blending legal analysis with personal testimony to drive home the message. It also places pressure on state governments to harmonize their tobacco control laws with the evolving judicial interpretation.

Conclusion

The Allahabad High Court ’s ban on hookah bars in Uttar Pradesh marks a significant victory for public health. By weaving together legal reasoning, medical evidence, and a judge’s personal narrative, the bench has delivered a judgment that is both legally sound and socially impactful. As Justice Saraf’s poem reminds us, addiction often begins with a single, seemingly harmless puff—and the law must step in before that puff becomes a pack.