Alcohol Ban: Legality and Practicality- National Perspective

The Author, Anubhooti Shaw, is a 3rd year BA LLB student at Adamas University, Kolkata. She is currently interning with LatestLaws.com.

Introduction

Total ban of alcohol is defined as the governmental prohibition of production, transportation, sales and consumption of alcohol.[1] Alcohol consumption is thought to be responsible for 4% of worldwide illness burden, forcing governments to enact legislation to reduce the negative effects of alcohol. Chronic diseases including liver cirrhosis and some malignancies, as well as poor health caused by trauma, violence, and unintentional injuries, are among them. Because of these factors, most governments attempt to regulate alcohol consumption through legislation, though just a few countries outright prohibit it. This ban system has accelerated in the coronavirus pandemic.

Legality and Practicality in India

It is critical to understand the breadth of the ‘liquor ban', which states that anyone who illegally imports, exports, transports, manufactures, possesses, or sells any type of intoxicant or liquor is guilty of a crime and will be punished according to the law. After that, the scope is adjusted to meet the needs of a particular state.[2]

There is no uniformity in India when it comes to liquor regulations, and they differ from one state to another, whether it's the legal drinking age or the laws that govern the sale and consumption of alcohol. The inclusion of the subject of alcohol in the State list, which falls under the Seventh Schedule of the Indian Constitution, has resulted in variances in prices and laws relating to alcohol.[3]

The drinking rules also specify where alcohol can be purchased in the States. While liquor can be sold in grocery stores, department stores, banquet halls, and/or farmhouses in some states, other tourist regions have specific rules that allow alcohol to be sold on beaches and houseboats. Some states outrightly prohibit the selling of alcohol.[4]

Liquor is currently prohibited in the Indian states of Gujarat, Bihar, Nagaland, Mizoram, and the Union Territory of Lakshadweep. The restriction has been lifted in the states of Manipur, Kerala, Andhra Pradesh, Meghalaya, and Tamil Nadu. The main reason behind such action was to reduce crime against women and oneself as well. These crimes include murders, gang robberies, and other forms of state-level crime, rioting and unlawful assemblies, traffic related accidents which are hit and run & driving in drunken state, excessive alcohol intake causing deaths, violence against women and children etc.[5]

Drinking in public is considered a nuisance and is therefore illegal. Although public drinking is not common in India, pubs and bars have become a more convenient way for young people to drink.

According to Section 40 of the Delhi Excise Act, 2009 consuming alcohol in public areas will result in a punishment of Rs 5,000, with a fine of up to Rs 10,000 and a three-month jail sentence if the offender causes a nuisance. And Section 510 of the Indian Penal Code[6] declares the punishment to be of 24 hours of simple imprisonment or fine of Rs. 10, or both.

The list of drinking age in the respective states is given below[7]:

The enforcement authorities have always been on the lookout for activities involving alcohol. The Khoday case[8] was the first major case concerning the commercialization of alcohol. According to Article 47 of the Constitution[9], the sale of alcoholic beverages is unconstitutional. Governments, on the other hand, can authorise such trade because DPSPs are unenforceable, but it is up to them to control it.

The aforesaid position of unconstitutionality of liquor commerce has become obsolete over time, and the Apex Court in the Kerala case decided that liquor trade is constitutional and thus, permissible.[10] The Bihar High Court heard the first challenge to the validity of the "liquor ban." On September 30, 2016, the Bihar High Court declared the restriction "illegal, unworkable, and unconstitutional." The State Government approached the Supreme Court, aggrieved by the HC's decision.[11]

The Supreme Court not only set aside the HC Order, but also ordered that no legal action be taken against the Bihar Excise (Amendment) Act, 2016, which went into effect on October 2, 2016, before ultimately ruling that the law is constitutionally valid. The Supreme Court ruled that on all state and national highways across the country, the respective governments must ensure that liquor establishments are at least 500 metres away, with no exceptions. The decision was appealed in 2017, and the Supreme Court maintained the ruling, with the exception of the roadways in Meghalaya and Sikkim, which have mountainous and uneven terrain.[12]

As a result, from 1995 to 2019, there has been a significant shift in attitude. The commercialization of alcohol, as well as the prohibition of alcohol, are both constitutional as of today. As a result, it is determined that state-level liquor bans in India are imposed for socioeconomic reasons. The Supreme Court of India has ruled that state laws enforcing criminal liability for liquor manufacture, transit, possession, and use are constitutionally permissible.

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