The demand for Alcohol in India has grown into a rapid pace, and India is
one of the top most countries where manufacturing and consumption of the
alcohol is at its peak. The issues relating to alcohol are now being
discussed before the Delhi High Court in the recent case of M/s. Path2way
HR Solutions Private Limited V. Government of NCT of Delhi, where under the said case, Hon'ble
Justice Yashwant Verma described the issue regarding the liquor as a subjective
concept in terms of its availability or its shortage and such matter not to be
discussed in the Court.
The Petitioner in the said case urges before the Court
about the liquor as it is the duty of the Government and the whole-sellers to
provide adequate amount of popular and niche brands of alcohol, so that, they
will not incur heavy losses. Now the question comes, the right to liquor is a
Fundamental Right in India or not? Is liquor really necessary to be distributed
among the people of India at large? Is liquor or alcohol really healthy?
Let's discuss some history relating to Fundamental Right for consumption
of Liquors in India, and it's scientific proven details.
In 1950s, in the case of State of Bombay v/s F.S. Bansal Verma, the Bombay
Prohibition Act 1949, strictly prohibited the consumption of liquor and its
manufacture, in which similarly, Gujarat also followed the same law by banning
the consumption of Liquor. And the court further allowed that, alcohol can only
be used in the case of medicinal or in the case of toilet preparations, and
later on were allowed for industrial purposes but not for consumption. Then the
Court clearly stated that Right to Liquor can not to be treated as the
In the case of Khoday Distilleries Ltd. v/s State of Karnataka, the matter of
consumption of liquor has been discussed in relation to of Article 19(1)(g) of
the Constitution of India, which deals with the Freedom of Trade. In the said
case, the Hon'ble Supreme Court held that there is "no right to carry a trade
which is injurious to health".
Under Article 19(1)(g) of the Indian
Constitution, the right of trade and commerce is enshrined, but there is also a
restriction as not to make such trade which is illegal or which is against the
society at large. The Supreme Court clearly mentioned that, the liquor
manufacturing can be challenged before the Court, but a complete right will not
be given and the Government can regulate its facilities and can ban them at any
time, so, it will not be treated as a Fundamental Right.
Following Article 47 of the Constitution of India, the State has the power to
take care of the nutrition, improve public health and also help in standard of
living of the people and will also prohibited the people to have intoxicants or
any such toxic drinks. So, State has the complete right to regulate the alcohol
sale and consumption.
The Kerala High Court in the year 2014, revised the Abkari Policy of the
State Government, in the case of Xavier's Reseidency v/s The State of Kerala,
where in the said case, the Court cancelled the licenses of the liquor stores
which were held at local thekkas, and also in 2-3 star hotels, and gave reason
that at such places are not conducive in nature, as it is a low budgeted place,
and there will be no security in handling such place, then there will be chances
of violence, or will affect the nearby society.
But the said court came in favour to grant licenses in the 5 star hotels, as in such place there will be
responsible customers and there will be high level security and in such place it
can be considered as conducive in nature. The Hon'ble Supreme Court upheld the
said decision of the Kerala High Court.
In the year 2016, The Supreme Court refused to grant country wide ban on
the liquors and held that it totally depends on the State Government, and
they have the power to regulate it, and authorizes them to regulate for the
The Bihar Government took extreme step by complete ban on the sale of liquor
which was scrapped by the Division Bench of the Patna High Court, where the Patna High
Court held that, it infringes the right of the citizen in the form of Right to
Privacy under Article 21, Article 14 and Article 19 of the Indian Constitution,
but said decision was stayed by Hon'ble Supreme Court and now its still pending.
So, currently the ban on liquors that was passed by the Bihar Government is
In the year 2020, the Delhi Government clearly stated and tells the High
Court that, "Liquor is not a Fundamental Right, and it completely depends on
the State Government to regulate its sale", and further held that "a citizen
has no Fundamental Right to do trade or business in liquor or to consume
liquor" by taking the support of Article 47 of the Constitution of India.
Currently, an Indian Citizen has no absolute right to trade or consume
liquor in India. It is up to the Supreme Court, where the matter is still
pending and is yet to be decided whether to declare country wide ban of
Next let's discuss, Are liquor or alcohol really healthy? My opinion
would vary depending upon the toxicity. There are many teenagers who flaunt
before the public and their friends as well to show how much they can drink,
and it further includes toxic because of their low quality like Beers or
Lager Beers, etc. And when it comes to benefits, it's nothing, just a
temporary kick to your mind or body.
And what else happens? The rest are the demerits to your entire body, such
as losing muscle protein synthesis, causes high blood pressure, heart
diseases, liver diseases, breast cancer and much more. As per many
statements given by regular drinkers, where they only state that it is good
for psychological reasons.
And what happens for the physical body? Is it really necessary and is
alcohol the only thing to cure your psychological situation, so that you
could compromise the entire physical health? Over consumption of Alcohol
causes death of the people. People living in poverty also used to drink
alcohol because of its addiction, and causes serious disturbances in the
society and in family. It reduces the nutrition level of the people.
Further, drinking and driving causes road accident also.
The alcohol effects heavily on the testosterone levels which affects
towards the muscle protein synthesis and Amino Acid Leucine Oxidation, in which
they find it difficult to grow muscles and unable to achieve the fitness goal.
According to the Indian Journal of Clinical Bio-Chemistry, it has provided
details which are high in toxins and which are low.
Wine is considered to be
high in toxins and it has high in FRUCTOSE too in which it directly enters into
the livers which is harmful. And the list in relation to toxins in an ascending
order is stated as: VODKA, GIN, WHISKEY, TEQUILA AND CHAMPAGNE, WINE (RED AND
WHITE), AND LASTLY IT IS BEERS & LAGER BEERS. The alcohol in GIN is used for
herbal medicinal purposes.
Many people use the excuse by suggesting "they are
having hard time, and beer is the only way to remove stress". It's always in
your head, and it is not the only way to remove stress. Meditation therapy is
the best therapy to remove stress. The most worst of all is BEER AND LAGER BEER,
as it is high in gluten. Among all the alcohol, as per various statistics and
experts, they said VODKA is one of the less toxins based alcohol.
will explain you Beer or Wine is very good for health as in various medicines it
is being used, it is to be kindly noted, that in medicines, along with the
alcohol various other medicinal substances were being used, not only the RAW
ALCOHOL. And according to a global study which was published in the Lancet
Journal, Washington, stated that, "many young people faces higher health risks
from alcohol consumption than older adults.