On Tuesday, the Delhi High Court instructed the Centre to consider a Public Interest Litigation (PIL) petition as a formal representation. The petition calls for prompt action to address the "illegal online sale of hookahs" on e-commerce platforms that lack specific health warnings.

During the hearing a division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela orally said to the counsel appearing for the Centre, "He (petitioner) is highlighting a very important point. You must decide it. He is saying that the field is covered by a statutory provision. It is not being implemented. Which is the implementing agency. You must lay down a standard of procedure".

While reviewing the petition, the court observed that JagatMitra Foundation, the petitioner, had not made any prior representation to the respondents before approaching the high court.

Noting that it would direct the Centre to address the PIL as a formal representation, the bench subsequently ordered,

"Accordingly present writ petition is disposed of with a direction to the respondents 1 and 2 to treat the petition as a representation and pass appropriate orders including necessary action in accordance with law within three months. In the event the petitioner is not satisfied...the petitioner shall be at liberty to file appropriate proceedings in accordance with law. Rights and contentions of all the parties are left open".

The PIL requested that the respondents, including the Union of India through the Ministry of Health and Family Welfare, take immediate action against the illegal online sale of hookahs on e-commerce platforms that lack proper health warnings. It also sought the establishment of mechanisms for age verification and regulation of the online sale of hookahs. The plea emphasized that the sale of hookahs in public places leads to secondhand smoke, which poses a health risk to people.

The plea further alleged that the sale of hookahs infringes on the public's right to health and safety under Article 21 of the Constitution of India. It also claimed that the "uncontrolled sale and promotion of tobacco products" on various e-commerce platforms directly violates several existing regulations, particularly 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, argued, "Even if the smoking area is located separately, the smoke from hookahs does not respect the boundaries of walls and can be absorbed into the food served. This contravenes COTPA, as all restaurants and hotels serving food in such areas are violating the Act."

At this point, the high court orally inquired of Aggarwal, "Have you made any representation before approaching the court?" In response, Aggarwal stated that some RTIs had been filed and replies were still pending. He further emphasized that this was a "major public health issue" and argued that the general public should not be exposed to such smoke.

At this stage, the high court orally remarked, "You are claiming that the statutory field is completely covered and that the issue is merely one of implementation. First, you need to make a representation. Additionally, please provide specific instances where this is occurring."

Aggarwal mentioned that he had purchased items used in hookahs the previous day and was "surprised to see a young child bringing these items from a paan shop," which he claimed was in violation of the law.

The high court, while not disputing Aggarwal's claims, instructed him to first submit a written representation to the Centre regarding the issue.