Alcohol_laws_of_India

Alcohol laws of India

Alcohol laws of India

Laws which regulate the sale and consumption of alcohol in India


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

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

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]

More information State/UT, Drinking Age ...

Drunk driving law

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

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

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

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.

More information Month, Date ...

Delhi

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]

More information Month, Date ...

Festival date may be in either month.

Jammu and Kashmir

Jammu
More information Month, Date ...

Festival date may be in either month.

Kashmir
More information Month, Date ...

Festival date may be in either month.

Karnataka

More information Month, Date ...

Kerala

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.

More information Month, Date ...

Date may be in either month.

Maharashtra

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.

More information Month, Date ...

Festival date may be in June or July.

Rajasthan

More information Month, Date ...

Festival date may be in either month.

Tamil Nadu

More information Month, Date ...

Leap year (will vary based on Tamil calendar)

West Bengal

More information Month, Date ...

See also


References

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  2. "Alcohol prohibition to remain in Nagaland". Ucanews.com. Archived from the original on 28 September 2013. Retrieved 18 May 2015.
  3. "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. "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 10 October 2013. Retrieved 18 May 2015.
  10. "States Subject List". Vakilbabu.com. Retrieved 18 May 2015.
  11. "Schedule". Constitution.org. Retrieved 18 May 2015.
  12. "3 held for home delivery of liquor". The Times of India. 22 August 2002. Archived from the original on 24 May 2013.
  13. "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Archived from the original on 21 February 2014. Retrieved 24 August 2014.
  14. "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Retrieved 30 September 2014.
  15. The Punjab Excise Act, 1914, Government of Haryana, archived from the original on 5 November 2012, retrieved 1 November 2012
  16. "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  17. "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  18. "Arrack ban in Karnataka from tomorrow". The Times of India. 30 June 2007.
  19. "Siddu wants cheap, safe liquor for poor". Deccan Herald. 14 May 2013. Retrieved 18 May 2015.
  20. "Legal Drinking age and Dry Days in India". Legodesk. 26 November 2018. Retrieved 6 March 2020.
  21. "Is legal age to drink in Karnataka 18 or 21?". The Hindu. 5 January 2016. ISSN 0971-751X. Retrieved 6 March 2020.
  22. "Lakshadweep Official Website". Lakshadweep.nic.in. Archived from the original on 27 April 2017. Retrieved 18 May 2015.
  23. "The Madhya Pradesh Excise Act" (PDF). Retrieved 20 December 2016.
  24. "Mizoram passes Bill for total prohibition". The Indian Express. 21 March 2019. Retrieved 21 March 2019.
  25. "Underage drinking: Punjab to take action against vendors". The Indian Express. 3 May 2010. Retrieved 18 May 2015.
  26. Rajasthan Excise Act 1950, Section 22
  27. "Legal Drinking Age in India". MrLiquor. 6 March 2017. Retrieved 9 March 2017.
  28. "Alcohol Law In India by chockyfoodie". iFood.tv. Archived from the original on 22 February 2014. Retrieved 18 May 2015.
  29. "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on 12 April 2013. Retrieved 28 December 2011.
  30. "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
  31. "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)
  32. "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.
  33. "Andaman & Nicobar Administration, Excise Department : Excise Policy" (PDF). And.nic.in. Archived from the original (PDF) on 22 March 2012. Retrieved 18 May 2015.
  34. ".gov.in". Archived from the original on 1 February 2012. Retrieved 5 March 2012.
  35. "Excise, Entertainment & Luxury Tax Department". Government of NCT of Delhi. Archived from the original on 6 October 2014. Retrieved 30 September 2014.
  36. "Sundays no more dry days in Kerala". The Hindu. 19 December 2014. Retrieved 18 May 2015.
  37. "List of Dry Days". 6 April 2010. Archived from the original on 6 April 2010. Retrieved 18 May 2015.

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