Alcohol, India: the legal position
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Revision as of 10:00, 11 July 2024
This is a collection of articles archived for the excellence of their content. |
Contents |
The law
Alcohol consumption not a right: HC
Consumption of alcohol not a right: Kerala HC, The Times of India Jan 2017
Upholding the liquor policy of the previous government, the Kerala HC ruled that consumption of alcohol is not a fundamental right. “ To drink or not to drink. That is the Hamletian dilemma of Anoop.He has chosen to drink,“ it said while referring to the petitioner.
Consuming liquor in private without causing nuisance is no offence
Nov 16, 2021: The Times of India
The mere smell of alcohol on a person is not sufficient to book him for being in a public place in an intoxicated manner, the Kerala high court said.
Justice Sophy Thomas made the observation on a petition filed by Salim Kumar of Kollam through advocate IV Pramod. The petitioner, a village assistant, had challenged a case registered by Badiadka police under Section 118(a) of the Kerala Police Act.
As per Section 118(a), any person found in a public place in an intoxicated manner or riotous condition or incapable of looking after himself can be booked for causing grave violation of public order or danger.
The petitioner had said he was called to the police station at 7 pm to identify an accused and a false case was registered as he couldn’t identify the accused as required by police as the accused was a stranger to him.
The HC said, “Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. Mere smell of alcohol also can’t be construed to mean that the person was intoxicated or was under the influence of any liquor.” Even if the petitioner had consumed alcohol, the available facts and materials in the case are not sufficient to suggest that he was not able to control himself or he committed rioting inside the police station, it said. TNN
Even if the petitioner had consumed alcohol, the available facts in the case are not sufficient to suggest that he wasn’t able to control himself or he committed rioting inside the police station, the HC said
Spurious liquor
MP: death penalty for lives lost
August 11, 2021: The Times of India
The Madhya Pradesh assembly passed MP Excise (Amendment) Bill, which proposes death penalty and life imprisonment for death caused by spurious liquor.
Spurious liquor has claimed over 50 lives in the state in around 10 months. The death of around 17 people in recent liquor tragedies in Mandsaur and Indore was the trigger for the move.
As per the amendment, sale or manufacture of spurious liquor will lead to six years’ imprisonment and a fine of Rs1 lakh for the first offence. For the second offence, the punishment will be 10 years in jail and a fine of Rs 10 lakh, said state finance minister Jagdish Devda.
If spurious liquor causes harm to anyone, the manufacturer will face an eight-year jail term and a fine of Rs 2 lakh. If it causes death, the punishment is life term or death penalty, plus a fine of Rs 20 lakh. All these offences will be non-bailable, said Devda. TNN
Quantity of alcohol that can be stored at home/ Delhi, 2022
Abhinav Garg, March 4, 2022: The Times of India
New Delhi: The Delhi high court has highlighted that a person above 25 years can keep 9 litres of whisky, vodka, gin and rum and 18 litres of beer, wine and alcopop (flavoured a lcoholic drinks). In a recent order, HC quashed a case against a man who had stored 132 bottles of liquor totalling 107. 2 litres at home, pointing out that as there were six adults in his family, the total permissible limit would have been 162 litres.
During a raid by the excise department in 2020, the petitioner had been found storing 51. 8 litres of whisky, rum, v odka, gin and 55. 4 lit res of wine and beer. A total of 132 bottles of liquor of Indian and foreign brands had been discovered from the ground floor of his house in Panchsheel Park. The excise department booked him saying that he did not have a valid licence for the stored liquor and that the stock was beyond the permissible limit prescribed. Subsequently, an FIR under Section 33 of the Delhi Excise Act was registered against him.
During the hearing, Justice Subramonium Prasad saw merit in the petitioner’s claim that there was no infringement of the excise rules because he lives in a joint family with six adults aged over 25 and four children.
“Flowing from Rule 20, as the joint household consists of six adults above 25 years of age, the permissible limit for possessio n of liquor at his house would be 54 litres of whisky, vodka, gin and rum and 108 litres of beer, wine and alcopop. Therefore, prima facie there is no violation of the Delhi Excise Act, 2009 by the petitioner,” the court noted.
As per Rule 20 of Delhi Excise Rules, 2010, violation of maximum limit for retail sale and individual possession of liquor is an offence punishable with imprisonm ent for a maximum term of three years and a fine not less than Rs 50,000, which may extend to Rs 1,00,000.
Justice Prasad also pointed out that as per the law, a person can carry one litre of In dian or foreign liquor while entering Delhi from other states and two litres while entering from other countries.
Banning alcohol, state-wise
Uttarakhand HC declares holy circuit dry zone
AmitAnand Choudhary, Don't try to play lawmaker, SC tells judges, Dec 9, 2016: The Times of India
Uttarakhand high court ordered the state government to impose a complete ban on possession, distribution, collection, sale, purchase or consumption of liquor, including beer, in Rudrapra yag, Chamoli and Uttarkashi districts, where the Char Dham shrines are located, from the financial year (2017-18).
The court noted that Bihar, taking into considera tion the “evil consequences of consumption of liquor“, had imposed complete prohibition on it across the state.
Kerala
The number of sales outlets in 2017
VIJAYAWADA|50,000 belt shops, 4,380 liquor outlets and 768 bars in State July 26, 2017: The Hindu
80% public say no to unauthorised liquor outlets: survey
There are about 50,000 belt shops (unlicensed liquor outlets) in the State. With Chief Minister N. Chandrababu Naidu directing the officials to act tough on belt shop organisers, officers are conducting raids on them.
N. Sambasiva Rao, DGP, said the police and the Prohibition and Excise Department officials were taking steps to close them down.
“A survey was taken up on the belt shops and about 80% of the public say no to the unlicensed liquor outlets and asked the government to close them immediately,” the DGP said.
“Belt shops are being run in different modes. The organisers are selling liquor on push carts, pan shops, houses, dhabas, hotels, kirana shops, bicycles [on the pretext of selling tea] and other ways. We are taking action against those who are running them,” Mr. Rao said.
The police were also taking action against the tipplers consuming liquor on roads and public places. Instructions had been issued to intensify patrolling at the liquor shops and bars to prevent consumption of liquor openly, a police officer said.
773 belt shop organisers held
Speaking to The Hindu on Tuesday, Prohibition and Excise Director (Enforcement) K. Venkateshwara Rao said 757 belt shops had been closed and cases were booked against 773 organisers in the last seven days. Excise officials suspended the licences of 46 wine shops for selling stock to outsiders.
“We seized 3,339 litres of liquor and 940 litres of beer, being sold in belt shops. Special Task Force teams have been constituted to check belt shops. We will take action against the wine shop owners, if the stock is sold to any outsider or an establishment. Owners of the licensed liquor outlets will be made responsible if tipplers take liquor on roads,” the DGP warned.
Drug and alcohol deaddiction
2013-16: aid for rehabilitation centres
See graphics:
Funds released for assistance for prevention of alcoholism and substance abuse, 2013-16
Consumption of beer in 2016
Laws restricting alcohol sales
1. Hyderabad/ Telangana
The Telangana government has implemented a ban which prohibits the sale of alcohol within 100 metres of the state, or national highways. That means, no liquor store or pub can be open within a distance of 100 metres. Even three and five-star hotels aren't exempt from this rule.
2. Uttar Pradesh + all other states.
While most parts of the country have a minimum drinking age of 21, in places like Delhi, Haryana, Punjab and Meghalaya it's 25. Not to forget the minimum drinking age in Goa, Madhya Pradesh, Himachal Pradesh and Puducherry still remains 18.
3. Punjab + Haryana
Establishments in Punjab and Haryana, according to the Punjab Excise Act of 1914, are prohibited from hiring "women in any part of such premises in which such liquor or intoxicating drug is consumed by the public". Yes, no woman can be employed anywhere near a place when alcohol is being served.
4. Lakshadweep
Lakshadweep is the only union territory in India where alcohol consumption is prohibited. Since 1995, residents cannot drink anywhere except this little island called Bangaram.
5. Maharashtra
Not only is 25 the legal age of drinking in Maharashtra, but one also needs to have a licence to consume liquor. Possession, consumption, or even transportation of alcohol without a permit/licence can result in a fine of Rs.50,000 and/or 5 years in prison. To make things easier for the consumer, hotels and bars started buying these permits in bulk and giving them away to their guests. However, Wardha, Chandrapur and Gadchiroli are the only three districts of Maharashtra that have completely banned the consumption and sale of alcohol.
6. Andamans
Between 2008 and 2010, the last day of every month would be a dry day! Although not confirmed by officials, it believed that the law was to prevent people working for a salary from splurging all their money on alcohol. Additionally, for some odd reason, the 7th day of every month still remains a dry day in the state.
7. Assam
In Assam, every month end and 1st day of the month is dry day... (Arnab Phonglosa)
Legal drinking age
All states
The following information has been taken from the website of the Indian National Bar Association. At least on UP they were factually wrong, and Indpaedia has corrected them:
Andhra Pradesh 21
Arunachal Pradesh 21
Assam25
Bihar 21
Chandigarh25
Delhi25
Goa 18
Gujarat Illegal
Haryana 18
Himachal Pradesh 18
Jammu and Kashmir 21
Jharkhand 21
Karnataka 21
Kerala 21
Lakshadweep Illegal
Madhya Pradesh 18
Maharashtra 25
Manipur Illegal
Meghalaya25
Mizoram Illegal
Orissa 21
Puducherry 18
Punjab25
Rajasthan 18
Sikkim 18
Tamil Nadu 21
Uttar Pradesh 21 (not 18)
Uttrakhand 21
West Bengal 21
The Times of India added on Jun 25, 2011:
Indeed, the legal drinking age of 25 that prevails in some Indian states, including Maharashtra and Delhi, is by far the highest in the world. It is outdone only by the 30 drinking-age limit in force in Maharashtra state’s district of Wardha.
States like Kerala and Sikkim allow drinking from 18 while in Arunachal Pradesh and Tamil Nadu, the legal drinking age is 21—as is the case in Karnataka, West Bengal, Bihar and Uttar Pradesh.
As in 2021 March
From: March 23, 2021: The Times of India
See graphic:
The Legal drinking age in various states and UTs, As in 2021 March. Delhi lowered the age to 21 that month.
Karnataka: 21 years
Is legal age to drink in Karnataka 18 or 21? | SEPTEMBER 22, 2016 | The Hindu
Even Wikipedia shows the State’s drinking age as 18, and this confusion is repeated in numerous online forums.
Ashish Kothare, city Head of National Restaurant Association of India (NRAI), believes there was little confusion among responsible pub and bar owners who do not allow those under 21 years to enter the pubs. “For many, the mere threat of suspension of licences is enough…But, there are irresponsible bar owners, and action should be taken against them,” he said.
Kerala: 23 years
Kerala Loosens Alcohol Ban, Minimum Drinking Age Raised To 23 The Left government in Kerala has moved to drastically dilute its predecessor's ban on alcohol by allowing hotels that are three-stars or fancier to sell alcohol. While the ban has been loosened, the minimum drinking age has been raised from 21 to 23.
Uttar Pradesh: 21 years, since 1976
The United Provinces Excise Act, 1910 allowed the consumption of Alcohol at 18-years. This was changed to 21-years by an amendment made in 1976.
The relevant sections of the amended United Provinces Excise Act read as follows: (UP Excise)
22. Prohibition of sale to persons under the age of [Twenty One Years] - No license[d] vendor and no person in
the employ of such vendor and acting on his behalf shall sell or deliver any [liquor] or intoxicating drug to any person
apparently under the age of [Twenty One Years] whether for consumption by such person or by any other person and
whether for consumption on or off the premises of such vendor.
23. Prohibition of employment of persons under the age of [Twenty One Years] and of women –
(1) No person who is licensed to sell [liquor]6 for consumption on his premises shall during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration any [person] under the age of [Twenty One Years] , in any part of such premises in which such liquor or spirit is consumed by the public.
(2) No person who is licensed to sell foreign liquor for consumption on his premises shall, without the previous permission in writing of the [Excise Commissioner] during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman in any part of such premises in which liquor is consumed by the public.
(3) Every permission granted under sub-section(2) shall be endorsed on the license, and may be modified or withdrawn
Taxes
As in 2023
Sidhartha, Sep 25, 2023: The Times of India
NEW DELHI: For several travellers, Goa is not just about its beaches but also about the cheap liquor - thanks to lower levies. The state has among the lowest tax rates in India, which is in sharp contrast to neighbouring Karnataka, which has the highest levy among the large markets in the country.
An analysis done by industry body The International Spirits and Wines Association of India for TOI has estimated that a bottle of spirit - which means whisky, rum, vodka and gin - that costs Rs 100 in Goa can cost Rs 134 in Delhi and as much as Rs 513 in Karnataka (see graphic).
At 49% of the MRP, the levies in Goa are by no means low. But they are much lower than the 83% in Karnataka and 71% in Maharashtra. The price index factors in the import duty levied on the overseas product, which will be common across states. For long, foreign players have been demanding a reduction in import duty on wine and spirits, which adds up to 150%. The overseas players are seeking reduction in tariffs through the free trade agreements being negotiated with the UK and the European Union.
As a result of local taxes, there can be a difference of over 20% in the price of a bottle of popular Scotch brands in Delhi and Mumbai. For instance, a bottle of Black Label that costs around Rs 3,100 in Delhi sells for around Rs 4,000 in Mumbai. The vast difference in taxes is also a reason for smuggling of alcohol across state borders.
Unlike most goods and services, alcohol and petroleum are among items that are currently out of GST, resulting in multiple levies and tax rates across the country.
With state FMs virtually losing control over taxation, at least individually, they are milking the only remaining sources - alcohol, petrol, diesel and property tax. So, when their own tax revenue is hit, state FMs raise the levy on alcohol and the VAT on petrol and diesel. Or states that offer freebies often resort to higher levies on these products as they only get a share of the GST from the Centre.
While there is discussion around bringing petroleum products such as petrol and diesel within the GST net, alcohol is nowhere in sight. What it also means is that consumers have to also deal with the cascading effect unlike GST, where most goods and services get input tax credit.
With the excise cycle in states scheduled to start from next month, the industry is keeping close tabs on the developments.
Personnel issues
Employment of women in Kerala
IMFL outlets in Kerala can employ women, rules HC, Dec 21, 2016: The Times of India
The Kerala HC has permitted employment of wom en in IMFL stores by declaring the rules against it unconstitutional. Ruling that such a policy is in violation of constitutional provisions regarding equality before law (Article 14) and gender-based discrimination (Article 15), the court cited an SC judgement that such a ruling can't be allowed to stand as it suffers from discrimination. The court was considering two petitions filed by seven women from Kollam who were denied jobs with the state beverages corporation (Bevco) despite being included in the rank list. =Shops that sell alcohol=
SC, 2024: states free to determine the distance
Dhananjay Mahapatra, February 7, 2024: The Times of India
Where should booze shops be located? SC clears ambiguity
New Delhi : Recurring litigations over location of a liquor shop adjacent to highways, perceived to be a major cause for drunk driving related accidents, and in the proximity of religious places and educational institutions has been an annoying feature for Supreme Court, which last week attempted to cure ambiguities emanating from its series of orders since Dec 2016, reports Dhananjay Mahapatra.
A bench of CJI D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra faced a barrage of petitions pointing out the conflict between SC’s orders, one mandating the municipal authorities to not allow liquor shops within 500 metres of educational institutions, temples and mosques and another allowing them beyond 150m.
Arguing for licensed liquor shop owners, senior advocate P B Suresh and advocate Vipin Nair, with the support lent by attorney general R Venkataramani, argued that in a small Union Territory like Puducherry, the distance of 500 metres would mean no liquor shop at all.
SC then recalled its March 23, 2023 order, which will mean states will be free to determine the distance of liquor shops from religious places and educational institutions depending on the geographical requirements of the concerned area.
Shops that sell alcohol
SC, 2024: states free to determine the distance
Dhananjay Mahapatra, February 7, 2024: The Times of India
Where should booze shops be located? SC clears ambiguity
New Delhi : Recurring litigations over location of a liquor shop adjacent to highways, perceived to be a major cause for drunk driving related accidents, and in the proximity of religious places and educational institutions has been an annoying feature for Supreme Court, which last week attempted to cure ambiguities emanating from its series of orders since Dec 2016, reports Dhananjay Mahapatra.
A bench of CJI D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra faced a barrage of petitions pointing out the conflict between SC’s orders, one mandating the municipal authorities to not allow liquor shops within 500 metres of educational institutions, temples and mosques and another allowing them beyond 150m.
Arguing for licensed liquor shop owners, senior advocate P B Suresh and advocate Vipin Nair, with the support lent by attorney general R Venkataramani, argued that in a small Union Territory like Puducherry, the distance of 500 metres would mean no liquor shop at all.
SC then recalled its March 23, 2023 order, which will mean states will be free to determine the distance of liquor shops from religious places and educational institutions depending on the geographical requirements of the concerned area.
