Karnataka

Karnataka raises legal age for buying cigarettes to 21, bans hookah bars

The legal age to purchase cigarettes and other tobacco products has been raised from 18 to 21 years.

Written by : TNM Staff

The Karnataka government has notified the COTPA (Karnataka Amendment) Act, 2024, introducing stringent measures to curb tobacco consumption in the state. The amendment to the Cigarettes and Other Tobacco Products Act (COTPA), 2003 received presidential assent on May 23 and was published in the state gazette on May 30.

Among the key changes, the legal age to purchase cigarettes and other tobacco products has been raised from 18 to 21 years. The amendment also prohibits the sale of tobacco within 100 metres of educational institutions and bans the sale of loose cigarettes or single sticks.

In a significant move targeting alternative forms of tobacco use, the amended Act imposes a complete ban on hookah bars across Karnataka. A new Section 4A prohibits their operation in any establishment, including cafes, pubs, and restaurants. Offenders will face imprisonment ranging from one to three years and fines between Rs 50,000 and Rs 1 lakh under the newly added Section 21A.

The definition of “use” of tobacco in public places has also been expanded to include both smoking and spitting. However, designated smoking areas will continue to be allowed in hotels with more than 30 rooms, restaurants with seating capacity over 30, and at airports. Penalties for violations in public places have been significantly increased, with fines under Sections 21, 24, and 28 raised from Rs 200 to Rs 1,000.

The state government said the amendment is part of a broader push to strengthen public health protections, especially for young people and in vulnerable spaces such as schools and colleges.

Despite a government order earlier this year banning hookah bars, several establishments continued to operate illegally in suburban Bengaluru. The Central Crime Branch (CCB) has since raided at least 20 such locations, seizing hookah pots and flavoured tobacco products worth over Rs 12 lakh.

The Karnataka High Court, in an April 2024 ruling, upheld the ban, rejecting petitions filed by restaurant owners. Citing Article 47 of the Constitution, which mandates the state to improve public health, the court ruled that hookah bars, even those offering so-called “herbal” hookahs, violate the law due to the presence of harmful substances such as nicotine and molasses.