INTRODUCTION:
Alcohol is a substance that is a psychoactive and toxic substance. It has become a part of the daily lives of people. Alcohol consumption contributes to over 3 million deaths every year at a global level. Alcohol has become a 5.1% reason for the disease. It leads to a risk factor of disability among age group of people from 19 to 49 years. Over 38,000 accidents have occurred due to the drinking habits of people. Drinking is one of the major causes of road deaths. The data shows that in 2019 there were 12,256 road accidents have been reported under the influence of alcohol. The Motor Vehicles Act, of 1988, provides that—
- If the alcohol level is more than 30 mg per 100ml, as analyzed
- If any person is under the influence of intoxicants. To the extent in which he or she may be incapable of knowing the nature of the act done.
It shall be punishable with Rs. 10,000 and imprisonment up to 6 months for first-time offenders.
It shall be punished with Rs. 15,000 and imprisonment up to two years for a second-time offender.
The laws related to liquor are not uniform. The demand for liquor always rises with time.
ALCOHOL: A STATE SUBJECT
‘Alcohol’ is a subject of the State Government under the Indian Constitution. Licenses are required to sell the alcohol and may be required to consume it as well. The places like bars, hotels, and pubs usually have licenses for the sale of liquor. The beaches and houseboats may have licenses to sell alcohol as they are tourist sites. The selling of liquor without a license is illegal and prohibited. The legal age for the consumption of alcohol could vary from one state to another. In some states, the purchasing age of alcohol is prescribed.
- The States that have 18 years of age for consumption of liquor include Himachal Pradesh, Kerala, Mizoram etc.
- The States that have 21 years of age for consumption of liquor include Andhra Pradesh, Arunachal Pradesh, Karnataka etc.
- The States that have 25 years of age for consumption of liquor include Chandigarh, Delhi, Haryana, Punjab etc.
- The States that are ‘Dry States’ includes Gujarat, Lakshadweep, Manipur, Nagaland etc.
The consumption of alcohol is a widespread phenomenon it varies among the higher to the lower class of society. As we all know excess of everything is bad same with alcohol, the person may lose consciousness towards his action. For instance, drunk driving and murder or assaulting someone under intoxication. The government prescribes a limit that is sufficient for one to be conscious of his actions. Alcohol being a state subject is governed by rules and regulations made by the government at the state level. The laws related to ‘Alcohol’ may vary from one state to another.
Indian Constitution under Article 47 provides that each state government shall have the power to impose a ban on intoxicants. Such intoxicating substances shall be harmful to the health of an individual except for those that have medical purposes.
PROVISIONS IN VARIOUS STATES:
- Karnataka provides for purchasing age of liquor to be 18 years (Karnataka Excise Department, 1967) whereas the consumption age is 21 years. (Karnataka Excise Act, 1965) Many states do not provide the purchasing and consumption age so the age that is prescribed shall be considered for both purposes.
- Maharashtra provides that a license shall be obtained that is issued by Government Civil Hospitals to consume alcohol. whereas Wardha and Gadchiroli put a total ban on the production or sale of alcohol.
- Uttar Pradesh provides that anyone below the age of 21 years shall not work in any place where alcohol is consumed or sold.
- Madhya Pradesh provides that anyone below the age of 21 years shall not work in any place where alcohol is consumed or sold.
- Delhi provides that anyone below the age of 21 years shall not work in any place where alcohol is consumed or sold. It further makes it illegal to hire someone with an infectious disease in such stores.
- Manipur puts a partial prohibition on alcohol in certain districts of the state since 2002.
RIGHT TO DRINK:
In 2016 ‘Right to Drink’ was identified as a fundamental right under Article 21 by Bihar High Court. Whereas Kerala High Court rejected the view and considered the ‘Right to Drink’ not a fundamental right. However, Supreme Court is of the view ‘Right to Drink’ shall be a fundamental right. It is a person’s choice what to eat and drink but such right may be curtailed if it comes at the cost of another person’s interest.
CONCLUSION:
The strategy shall be made to regulate the market of alcoholic beverages to younger people. The pricing of such products shall be enhanced by way of taxation. The State Government by introducing legislation for regulating alcohol made an attempt to the reduction of crime rates in the country. The laws are made but are violated rigorously. The age may have been different for purchasing and consuming alcohol but we never know the purpose behind purchasing alcohol. It is possible that people may not consume alcohol in public spaces but in their own houses. About intoxication-related crimes, it is not necessary they would be towards some stranger. It could also be towards family and friends over some minimal arguments or any other reason.
The strength of public consumption of alcohol is relatively higher and implementation of laws regulating it is poor. The most common states where rules are violated are the ‘Dry States’ as we know everyone shows higher interest in matters where we are supposed not to do. Such violation of laws must be punished severely and the participation of concerned authorities shall be diligent. The government shall provide measures that are easily accessible and affordable for the treatment of people with drinking habits. It shall be ensured that effective alcohol policies shall be made.
also read – https://blog.ipleaders.in/alcohol-laws/
