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' , due to the Desai administration's allowance on the selling the foreign alcohol in state and prohibitions on 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]
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]
Legal drinking age by states and union territories
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]
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 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.
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.
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]
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.
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.
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]
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.
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.
