The Delhi government Friday informed the Delhi High Court that it has decided not to lift the ban on the use of hookah in restaurants and pubs in the national capital because of the festive season and the chances of a third wave of COVID-19. The AAP government said, in its affidavit, this is not a time to lower our guards for such an unnecessary service which is likely to contribute to the transmission and severity of coronavirus.
Justice Rekha Palli allowed several restaurants and bars, which have challenged the order of the Joint Commissioner of Police (Licensing Unit) prohibiting the sale or service of herbal flavoured hookahs, to file their response to the official stand and asked that the Delhi government's affidavit be brought on record before the next date of hearing. Keeping in view the upcoming festive, chances of coming up of the third wave, AY.4.2 lineage of COVID-19, a sub-variant of the Delta coronavirus strain being found in many states of India, efforts of different departments i.e. health, police, municipality, transport, etc. to reduce coronavirus spread till date, substantial loss of lives & suffering caused during the second wave of COVID-19, it is important not to lower our guard for an unnecessary and ill-intended service which is likely to increase the severity and transmission of COVID-19, the affidavit by Delhi government said. The Delhi government said that according to the court's order, it reconsidered its latest order of October 14 on continuing the prohibition on the use of hookah, with and without tobacco i.e. herbal hookah, water pipes, and other hookah like devices, in all public places including hotels, restaurants, pubs, etc. It clarified that till date, Delhi Disaster Management Authority has permitted only those activities, such that the opening of cinema halls, restaurants, etc, that are essential and have social and economic well-being of the public. Further, such activities are only allowed to be opened in compliance with all COVID appropriate behaviour but the very nature of the mechanism of hookah increases the risk of transmission of the virus, it added. COVID-19 infected smokers can spread the virus through floating of contaminated aerosol particles in the air, settling of contaminated particles on objects and surfaces, coughing, sneezing, disposal of contaminated cigarette butts, etc. The use of hookah in open space will not eliminate the risk of transmission of COVID-19.
"As per WHO & CDC (Centre for Disease Control) the act of hookah smoking includes, touching of hookah device by the fingers and close contact of fingers with lips which increases the possibility of transmission of the virus from hand to mouth. Thus, allowing herbal hookah in open spaces may worsen the situation and increase the transmission, the affidavit stated. It is further stated that hookah consumption cannot be compared to the breath analyser tests being carried out by the police as the inhalers in the testing device are used only for one person and have to be discarded after use so that both police and the person on whom the test has to be done are not exposed to hazardous communicable diseases. The court is also informed that serving hookah is not only a fire hazard but using herbal hookah, without the consideration of the Ministry of AYUSH and other authorities on the nature of ingredients, may have serious health implications, the affidavit said. Since petitioners are themselves accepting that only a few customers are asking for hookah, there can be no argument of loss of livelihood, the government added.
The high court had earlier directed the Delhi government to reconsider the ban and filed an affidavit. On September 17, the high court had asked the Delhi government why DDMA's order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 be not re-considered when breath analyser test was being allowed now. Separate petitions were filed by Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine, and Sixth Empirica Lounge in West Punjabi Bagh, saying that they were serving herbal hookahs for which no licence is required as they are totally without tobacco but the police were still conducting raids, seizing equipment, and issuing challans.
The Delhi government has been opposing the pleas saying for a single mistake, the entire Delhi would have to pay a heavy price, and allowing hookah consumption in public places may spread COVID-19 since people would be sharing it. On October 21, the court had directed the Delhi Police not to harass the petitioner restaurants and bars and not to park its vehicles outside their premises.
The court had said the police were free to do random checks in restaurants and bars to see if hookahs were being served but can't keep police personnel posted there as it will affect customers. The matter would be heard next on November 12.
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