STATE LAW UPDATES

High Court asks Delhi Government’s stand on New Excise Policy seeking to reduce drinking Age

Several petitions have been filed challenging the new Excise Policy before the high court. The Delhi High Court Wednesday sought response of the Delhi government on a plea challenging a provision in the new Excise Policy, claiming that it seeks to reduce the age of consumption of liquor from 25 to 21. The policy aims at making age of selling and serving liquor at par with neighbouring states. Another concern raised is that the policy divides Delhi into 32 zones and leaves only 16 players eligible for the trade, is giving rise to fear of monopoly is also alleged in one of the petition. .

Delhi government submitted before court as per newspaper reports that its new Excise Policy aims at minimising corruption and providing fair competition in liquor trade and that all apprehensions against it were baseless.

A bench of Chief Justice D N Patel and Jyoti Singh issued notice and asked the Delhi government to file a reply to the petition which has also sought to quash a provision in the new Excise Policy that there shall be no government-owned liquor vends and only privately-owned vends will be available for selling alcohol. It said the consumers of liquor will also be affected as they are assured about the quality of alcohol when they purchase it from the government vends and this assurance would not be there in case of private vends.

The court listed the plea for further hearing on September 17.

Presently, the minimum age of consumption of liquor in Delhi is 25 years, while it is 25 and 21 in Haryana and Uttar Pradesh, respectively. The plea by NGO All India Bhrashtachar Virodhi Morcha said there is an opinion among a lot of people that reducing the age of consumption of liquor will increase alcoholism amongst students and younger generation of the society, leading to other consequent problems and the decision to close government vends is not in the public interest.

The petitioner said Article 47 of the Constitution states that the State shall endeavour to bring about prohibition of consumption of intoxicating drinks, except for medicinal purposes, which are injurious to health. Alcohol in India is on the State list, meaning revenue comes from this into the State. Most states have 21 as the legal drinking age; Sikkim, Rajasthan, and Andhra Pradesh are at 18. In Haryana and Punjab, the legal age is 25. A few, like Gujarat, Bihar, and Manipur prohibit its sale and consumption. Presently, the minimum age of consumption of liquor in Delhi is 25 years, while it is 25 and 21 in neighbouring states of Haryana and Uttar Pradesh respectively.

The petitioners have also sought to quash the June 28 e-tender notice of Delhi government, prescribing the procedure to be followed for inviting zone wise electronic bids for grant of 32 zonal licences of retail vends of liquor for supply of Indian and foreign liquor brands in the national capital

In US as per last updated data researched of 2020, Minimum Legal Drinking Age (MLDA) laws specify the legal age when an individual can purchase alcoholic beverages. The MLDA in the United States is 21 years.  However, prior to the enactment of the National Minimum Drinking Age Act of 1984, the legal age when alcohol could be purchased varied from state to state.

Print Friendly, PDF & Email