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Alcohol laws of India

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"Dry day" redirects here. For other uses, see Dry day (disambiguation).

The legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary significantly from state to state.[1] In India, consumption of alcohol is prohibited in the states of Bihar, Gujarat, Nagaland,[2] and Mizoram, as well as the union territory of Lakshadweep. There is partial ban on alcohol in some districts of Manipur.[3] All other Indian states permit alcohol consumption but fix a legal drinking age, which ranges at different ages per region. In some states the legal drinking age can be different for different types of alcoholic beverage.

In spite of legal restrictions, alcohol consumption in India has risen over 55% over a period of 20 years (according to OECD figures) as the laws are generally not followed in a customer business relationship.[4][5] The maximum permitted ABV is 45.5%.[6]

History

[edit]

The Prohibition on Alcohol was firstly in 1954 by Morarji Desai who was Chief Minister of Bombay Province. The Prohibition was imposed on the Koli people who were traditional distillers of alcohol or wine in Maharashtra mostly in Dharavi. Kolis of Bombay distilled the alcohol by Jamun, Guava, Orange, Apple and Chikoo. In 1954, Morarji Desai imposed the Prohibition on liquor but there was a strong protest by Koli community and there were rallies far and wide by Koli people. Kolis alleged the Desai that 'This is not a Daru-Bandi, This is Desh-Bandi' because Desai selling the foreign alcohol in state but prohibited our homemade liquor.[7][8] before the prohibition on alcohol, Kolis of Dharavi manufactured the alcohol legally and when prohibition enacted, commercial alcohol production ceased and Kolis had a virtual monopoly in this area.[9]

Law

[edit]

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[10][11][12] Therefore, the laws governing alcohol vary from state to state.

Liquor in India is generally sold at liquor stores, restaurants, hotels, bars, pubs, clubs and discos but not online. Some states, like Kerala and Tamil Nadu, prohibit private parties from owning liquor stores making the state government the sole retailer of alcohol in those states. In some states, liquor may be sold at groceries, departmental stores, banquet halls and/or farm houses. Some tourist areas have special laws allowing the sale of alcohol on beaches and houseboats.[citation needed]

Home delivery of alcoholic beverages is illegal in Delhi.[13] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.[citation needed]

[edit]
State/UT Drinking Age Remarks
Andaman and Nicobar Islands 21[14]
Andhra Pradesh 21[14]
Arunachal Pradesh 21[14]
Assam 21[14]
Bihar Illegal Total ban on all alcohol since 4 April 2016[15]
Chandigarh 25[16]
Chhattisgarh 21[14]
Dadra and Nagar Haveli and Daman and Diu 21[17]

[18]

Delhi 25 [19]
Goa 18[20]
Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[21]
Haryana 21[14] The Punjab Excise Act, which also extends to Haryana, prohibits establishments from employing "women in any part of such premises in which such liquor or intoxicating drug is consumed by the public".[22] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[23]
Himachal Pradesh 18[24]
Jammu and Kashmir 18[25][26]
Jharkhand 21[14][27][28]
Karnataka 18* Arrack has been banned in Karnataka since 1 July 2007.[29][30] The Karanataka Excise Department, 1967, stipulate that drinking age is 21. However, the Karnataka Excise Act, 1965, states 18 as the minimum age to purchase alcohol. The law is ambiguous and in practise many bars serve those above age 18 though a few bars refuse service to anyone below 21.[31][32]
Kerala 23[33] Kerala government has planned to implement prohibition of hard liquor in 10 years.[34][3] However the subsequent government has not confirmed proceeding with the prohibition and has reversed the restriction of hard liquor to only five star hotels.
Ladakh 18[25][26]
Lakshadweep Illegal[14] Consumption is legal only on the resort island of Bangaram.[35]
Madhya Pradesh 21[36]
Maharashtra 25[37] In Maharashtra, a liquor licence obtained from a Government Civil Hospital is required to drink, although this is largely not enforced. Additionally, state legislature empowers district governments to ban alcohol entirely. As a result, two districts, Wardha and Gadchiroli have imposed a total ban on the production and sale of alcohol.
Manipur 21[14] Partial prohibition since 2002, prohibited in the districts of Bishnupur, Imphal East, Imphal West and Thoubal[38]
Meghalaya 21[39]
Mizoram Illegal[40] Banned since 2019[41]
Nagaland Illegal[2] Sale and consumption illegal since 1989.[42]
Odisha
Puducherry 18[14]
Punjab 25[43] The Punjab Excise Act prohibits establishments from employing "women in any part of such premises in which such liquor or intoxicating drug is consumed by the public".[22] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[23]
Rajasthan 18[44]
Sikkim 18[45]
Tamil Nadu 21
Telangana 21[14]
Tripura 21[46]
Uttar Pradesh 21[47] Section 22[47]
Uttarakhand 21[14]
West Bengal 21[48]

Drunk driving law

[edit]

The blood alcohol content (BAC) legal limit is 0.03%[49] or 30 mg alcohol in 100 ml blood.[50]

On 1 March 2012, the Union Cabinet approved proposed changes to the Motor Vehicle Act. Higher penalties were introduced, including fines from ₹2,000 to ₹10,000 and imprisonment from 6 months to 4 years. Different penalties are assessed depending on the blood alcohol content at the time of the offence.[51]

Dry days

[edit]

Dry days are specific days when the sale of alcohol is not allowed. Most of the Indian states observe these days on major national festivals/occasions such as Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October).[52] Dry days are also observed during elections in India.[53][54]

Dry days by states and union territories

[edit]

No dry day rule is applicable for 5-star hotels, clubs and resorts in West Bengal. Drinks may be served and consumed in those places in West Bengal even on dry days. Private consumption too is allowed on dry days. Only the open sale of liquor at restaurants, liquor shops and other permitted places is disallowed on those days.

Prohibited days are also announced when elections are held in the state.[55][56] For Lok Sabha or Vidhan Sabha elections, Prohibited days are declared for 48 hours prior to the close of voting, plus during the counting day(s). For Municipality, Panchayat, Municipal Corporation, or Darjeeling Gorkha Hill Council elections, Prohibited days occur on the polling day, the previous day and the counting day(s).[57]

Andaman and Nicobar Islands

[edit]

Retail shops are closed on every month on the 7th, which is the pay day / salary day in this union territory, and on 2nd & 4th Tuesdays of every month. Plus, a maximum of two fulls or four beers are permitted per person for sale in retail shops.

Month Date Festival
January 26 Republic Day
August 15 Independence Day
October 2 Gandhi Jayanti

Delhi

[edit]

Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays—26 January 2 October and 15 August, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).[58]

Month Date Festival
January 26 Republic Day
August 15 Independence Day
October 2 Gandhi Jayanti

Jammu and Kashmir

[edit]
Jammu
Month Date Festival
March 4 Maha Shivratri
April Ram Navami†
August 15 Independence Day
Krishna Janmashtami†
September
October 2 Gandhi Jayanti
November Guru Nanak Jayanti

†Festival date may be in either month.

Kashmir
Month Date Festival
March 4 Maha Shivratri
June 4–5 Eid-Ul-Fitr
August 11 Eid al-Adha (Bakrid)
15 Independence Day
Krishna Janmashtami†
September
October 2 Gandhi Jayanti
November 9–10 Eid-Ul-Milad

†Festival date may be in either month.

Karnataka

[edit]
Month Date Festival
October 2 Gandhi Jayanti

Kerala

[edit]

Sundays are no longer observed as Prohibited days in the state.[59][53]

1st Day of English Calendar Every month for administrative purposes and on the grounds that it is the salary day. Dry days are observed on the day of polling and the previous day during elections as well.

Month Date Festival
January 1 New Year Day
26 Republic Day
August 15 Independence Day
Sree Narayana Guru Jayanti†
September
Sree Narayana Guru Samadhi
October 2 Gandhi Jayanti

†Date may be in either month.

Maharashtra

[edit]

The district collector can also designate any day as a Prohibited day by giving seven days' notice.[60] his list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.

Month Date Festival
January 26 Republic Day
30 Martyrs' Day
May 1 Maharashtra Day
June Ashadi Ekadashi†
July
August 15 Independence Day
September Anant Chaturdashi
October 2-9 Gandhi Week
November Kartiki Ekadashi

†Festival date may be in either month.

Rajasthan

[edit]
Month Date Festival
January 26 Republic Day
30 Martyrs' Day
February Maha Shivaratri
March 30 Rajasthan Formation Day
Mahavir Janma Kalyanak†
April
August 15 Independence Day
October 2 Gandhi Jayanti
30 Harijan Day

†Festival date may be in either month.

Tamil Nadu

[edit]
Month Date Festival
January 15 Thiruvalluvar Day†
16
26 Republic Day
Vadalur Ramalinga Adikalar Jothi†
February
Maha Shivaratri
March Mahavir Janma Kalyanak†
April
Prophet Mohamad's Birthday (Nabigal Nayagam)
May 1 May Day
August 15 Independence Day
October 2 Gandhi Jayanti
December Eid al-Mawlid (Milad-un-Nabi)

†Leap year (will vary based on Tamil calendar) †Festival date may be in either month.

West Bengal

[edit]
Month Date Festival
January 26 Republic Day
March 10 Holi
August 15 Independence Day
September 28 Muharram
October 2 Gandhi Jayanti

See also

[edit]

References

[edit]
  1. ^ "Minimum Age Limits Worldwide". Icap.org. Archived from the original on 5 May 2015. Retrieved 18 May 2015.
  2. ^ a b "Alcohol prohibition to remain in Nagaland". Ucanews.com. Archived from the original on 28 September 2013. Retrieved 18 May 2015.
  3. ^ a b "India's Kerala High Court upholds alcohol ban". BBC News. BBC. 30 October 2014. Retrieved 8 August 2015.
  4. ^ "Indians drinking alcohol up 55% in 20 years". The Times of India. Retrieved 18 May 2015.
  5. ^ "India toxic alcohol kills 29 in Uttar Pradesh". BBC News. BBC. 13 January 2015. Retrieved 18 May 2015.
  6. ^ foodnavigator-asia.com. "India alcohol limits drafted". foodnavigator-asia.com. Retrieved 15 June 2020.
  7. ^ Agarwal, Shilpa (1 April 2009). Haunting Bombay. New Delhi, India, Asia: Soho Press. ISBN 978-1-56947-708-3.
  8. ^ Sharma, Kalpana (2000). Rediscovering Dharavi: Stories from Asia's Largest Slum. New Delhi, India, Asia: Penguin Books India. pp. 45–46. ISBN 978-0-14-100023-7.
  9. ^ Weinstein, Liza (1 April 2014). The Durable Slum: Dharavi and the Right to Stay Put in Globalizing Mumbai. U of Minnesota Press. ISBN 978-1-4529-4112-7.
  10. ^ "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 10 October 2013. Retrieved 18 May 2015.
  11. ^ "States Subject List". Vakilbabu.com. Retrieved 18 May 2015.
  12. ^ "Schedule". Constitution.org. Retrieved 18 May 2015.
  13. ^ "3 held for home delivery of liquor". The Times of India. 22 August 2002. Archived from the original on 24 May 2013.
  14. ^ a b c d e f g h i j k l "Drinking age reduced to 21 in Haryana, pubs and bars welcome move". Hindustan Times. Retrieved 27 July 2023.
  15. ^ "Bihar's decision to go 'dry' and politics of liquor ban in India". CNN-IBN. Retrieved 28 November 2015.
  16. ^ "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Archived from the original on 21 February 2014. Retrieved 24 August 2014.
  17. ^ "Section 24 of the Dadra and Nagar Haveli Excise Regulation, 2012" (PDF).
  18. ^ "Section 19 of "The Goa, Daman and Diu Excise Duty Act & Rules 1964"" (PDF).
  19. ^ "What is the legal drinking age in Delhi, 21 or 25? Know liquor rules in bars, restaurants across capital". DNA India. 6 March 2023. Retrieved 27 July 2023.
  20. ^ "Legal Drinking age and Dry Days in India". Legodesk. 26 November 2018.
  21. ^ "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Archived from the original on 26 April 2013. Retrieved 30 September 2014.
  22. ^ a b The Punjab Excise Act, 1914, Government of Haryana, archived from the original on 5 November 2012, retrieved 1 November 2012
  23. ^ a b "Anuj Garg & Ors vs Hotel Association Of India & Ors on 6 December, 2007". indiankanoon.org. Retrieved 14 June 2018.
  24. ^ "Himachal bans selling liquor to minors | Page 19813". Himvani.com. Retrieved 18 May 2015.
  25. ^ a b "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  26. ^ a b "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  27. ^ "Days of government-run liquor shops over as pvt parties to run biz again from today | Ranchi News - Times of India". The Times of India.
  28. ^ "Opening of private liquor shops get ECI's nod". The Pioneer.
  29. ^ "Arrack ban in Karnataka from tomorrow". The Times of India. 30 June 2007.
  30. ^ "Siddu wants cheap, safe liquor for poor". Deccan Herald. 14 May 2013. Retrieved 18 May 2015.
  31. ^ "Legal Drinking age and Dry Days in India". Legodesk. 26 November 2018. Retrieved 6 March 2020.
  32. ^ "Is legal age to drink in Karnataka 18 or 21?". The Hindu. 5 January 2016. ISSN 0971-751X. Retrieved 6 March 2020.
  33. ^ "Legal drinking age raised to 23 in Kerala". The Hindu. 7 December 2017.
  34. ^ "Kerala High Court upholds govt liquor policy, confines bar licence to five-star hotels". The Indian Express. April 2015. Retrieved 8 August 2015.
  35. ^ "Lakshadweep Official Website". Lakshadweep.nic.in. Archived from the original on 27 April 2017. Retrieved 18 May 2015.
  36. ^ "The Madhya Pradesh Excise Act" (PDF). Retrieved 20 December 2016.
  37. ^ "Bombay Prohibition Act,1949" (PDF).
  38. ^ "Dried Up Prohibition : Need for lifting Prohibition arises due to state's inability to enforce 'Dry State Status'". 30 August 2014. Retrieved 30 April 2016.
  39. ^ "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011. Archived from the original on 5 June 2011.
  40. ^ "Mizoram passes Bill for total prohibition". The Indian Express. 21 March 2019. Retrieved 21 March 2019.
  41. ^ "Mizoram goes dry again as Assembly passes Liquor Prohibition Bill 2019". nenow. 20 March 2019. Retrieved 21 March 2019.
  42. ^ "No Drink For You? India's Dry States". Full Stop India.
  43. ^ "Underage drinking: Punjab to take action against vendors". The Indian Express. 3 May 2010. Retrieved 18 May 2015.
  44. ^ Rajasthan Excise Act 1950, Section 22
  45. ^ "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011. Archived from the original on 4 January 2013.
  46. ^ ""THE TRIPURA EXCISE ACT, 1987."" (PDF).
  47. ^ a b "Legal Drinking Age in India". MrLiquor. 6 March 2017. Retrieved 9 March 2017.
  48. ^ ""Bengal Excise Act, 1909"" (PDF).
  49. ^ "Alcohol Law In India by chockyfoodie". iFood.tv. Archived from the original on 22 February 2014. Retrieved 18 May 2015.
  50. ^ "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on 12 April 2013. Retrieved 28 December 2011.
  51. ^ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
  52. ^ "Three cheers to dry days!". Hindustan Times. 15 August 2011. Archived from the original on 2 May 2013. Retrieved 18 May 2015.{{cite web}}: CS1 maint: unfit URL (link)
  53. ^ a b "official web site of Kerala State Beverages Corporation Limited". Ksbc.kerala.gov.in. Archived from the original on 7 August 2011. Retrieved 24 August 2014.
  54. ^ "Andaman & Nicobar Administration, Excise Department : Excise Policy" (PDF). And.nic.in. Archived from the original (PDF) on 22 March 2012. Retrieved 18 May 2015.
  55. ^ ".gov.in". Archived from the original on 1 February 2012. Retrieved 5 March 2012.
  56. ^ "Government of Delhi: Government Departments : Excise : Excise Department : Delhi Liquor Licence Rules, 1976". Excise.delhigovt.nic.in. Archived from the original on 29 May 2015. Retrieved 18 May 2015.
  57. ^ "Closure of retail excise licensed premises in West Bengal on special occasions". Archived from the original on 11 September 2009. Retrieved 18 May 2015.
  58. ^ "Excise, Entertainment & Luxury Tax Department". Government of NCT of Delhi. Archived from the original on 6 October 2014. Retrieved 30 September 2014.
  59. ^ "Sundays no more dry days in Kerala". The Hindu. 19 December 2014. Retrieved 18 May 2015.
  60. ^ "List of Dry Days". 6 April 2010. Archived from the original on 6 April 2010. Retrieved 18 May 2015.
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