Karnataka Enacts Legislation Raising Tobacco Purchase Age to 21 and Banning Public Use

This new law prohibits the use of tobacco products in public spaces, stating unequivocally that “no person shall use tobacco products in any public place.” The term “use” encompasses both smoking and spitting of tobacco.

However, the legislation allows for designated smoking areas in certain establishments, such as hotels with thirty or more rooms, restaurants with a seating capacity of thirty or more, and airports.

Section 4A of the Act specifically bans the establishment and operation of hookah bars. It states, “No person shall, either on their own or on behalf of another, open or operate any hookah bar in any location, including eating houses, pubs, bars, or restaurants, regardless of their designation.”

The Act defines a “hookah bar” as any establishment where individuals gather to smoke tobacco or similar products from a communal hookah or narghile.

Penalties for violating the provisions related to hookah bars are severe. Individuals found in contravention of Section 4A may face imprisonment for a term ranging from a minimum of one year to a maximum of three years, along with fines ranging from a minimum of fifty thousand rupees to a maximum of one lakh rupees.

The legislation prohibits the sale of cigarettes and other tobacco products to individuals under the age of twenty-one, as well as in designated areas.

According to the law, “No person shall sell, offer for sale, or permit the sale of cigarettes or any other tobacco products to anyone under the age of twenty-one. Additionally, these products may not be sold within a radius of one hundred meters from any educational institution, and they cannot be sold in loose or single sticks.”

Furthermore, under Sections 21, 24, and 28 of the Act, the penalties for smoking in public places and for selling tobacco to individuals aged twenty-one and below have been significantly increased, from Rs 200 to Rs 1,000.