Alcohol laws of India: Difference between revisions
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Revision as of 04:51, 16 January 2017
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 Gujarat, Bihar, Manipur and Nagaland [2] as well as the union territory of Lakshadweep. The Kerala government has planned to implement almost full[3] prohibition of hard liquor[3][4] in a phased manner,[5] which will take 10 years starting from third quarter of 2014.[5] 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).[6][7]
Law
Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[8][9][10] 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. 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.
Home delivery of alcoholic beverages is illegal in Delhi.[11] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.
Legal drinking age
The following list is incomplete. Please help complete the list by providing references
State/UT | Drinking Age | Remarks |
---|---|---|
Andaman and Nicobar Islands | 21[12] | |
Andhra Pradesh | 21[12] | |
Arunachal Pradesh | 21[12] | |
Assam | 21[12] | |
Bihar | Illegal | Total ban in alcohol since April 4, 2016[13] |
Chandigarh | 25[14] | |
Chhattisgarh | 21[12] | |
Dadra and Nagar Haveli | 25 | |
Daman and Diu | 25 | |
Delhi | 25[15] | |
Goa | 18[12] | |
Gujarat | Illegal | Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[16] |
Haryana | 25[12] | 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".[17] |
Himachal Pradesh | 18[18] | |
Jammu and Kashmir | 21[19][20] | |
Jharkhand | 21[12] | |
Karnataka | 18[21] | Arrack has been banned in Karnataka since 1 July 2007.[22][23] |
Kerala | 21[24] | Kerala government has planned to implement prohibition of hard liquor in 10 years.[3][5] |
Lakshadweep | Illegal[12] | Consumption is legal only on the island of Bangaram.[25] |
Madhya Pradesh | 21[26] | |
Maharashtra | 18 (wine) 21 (beer) 25 (Other)[27] |
In Maharashtra for drinking, a person should carry a liquor license obtained from Govt.Civil Hospital. Some districts have made a total ban on alcohol. |
Manipur | Illegal[12] | Partial prohibition since 2002[28] |
Meghalaya | 21[29] | |
Mizoram | 21[citation needed] | Seventeen year prohibition lifted in 2014.[30] |
Nagaland | Illegal[2] | Sale and consumption illegal since 1989.[31] |
Orissa | 21[32] | |
Puducherry | 18[12] | |
Punjab | 18[33] | 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".[17] |
Rajasthan | 21[12] | |
Sikkim | 18[27] | |
Tamil Nadu | 21[12] | |
Telangana | 21[citation needed] | |
Tripura | 21[citation needed] | |
Uttar Pradesh | 21[citation needed] | Section 23
(Earlier 18 but by the amendment in the year 1976 it was increased to 21) |
Uttarakhand | 21[12] | |
West Bengal | 21[29] |
Drunk Driving Law
The blood alcohol content (BAC) legal limit is 0.03%[34] or 30 µl alcohol in 100 ml blood.[35]
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.[36]
Dry Days
Dry Days are specific days when the sale of alcohol is not permitted. Most of the Indian states observe these days on major national festivals/occasions such as Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2).[37] Dry days are also observed on and around voting days.[38][39]
Dry Days by State
New Delhi
Month | Date/Festival |
---|---|
January | 26 (Republic Day), 30 (Martyrs' Day) |
March | Holi |
April | Good Friday |
August | 15 (Independence Day) |
October | 2 (Gandhi Jayanti), Dusshera |
In addition to the above the following days are also Prohibited days:
- Muharram
- The last working day of a calendar month.
- The day of poll and proceeding two days in all General elections, By-Elections to Lok Sabha, Municipal Board and Panchayat.
- Any other day the Government may by notification declare to be a Prohibited day.[39]
Andhra Pradesh
Month | Date |
---|---|
January | 26 (Republic Day) |
August | 15 (Independence Day) |
October | 2 (Gandhi Jayanti) |
Prohibited days are also announced when elections are held in the state.[40]
Delhi
Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays — January 26, October 2 and August 15, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).[41]
Month | Date/Festival |
---|---|
January | 26 (Republic Day) |
February | 12 (Maharishi Dayanand Jayanti), 16 (Guru Ravidas Jayanti, 24]) |
March | Holi, Mahavir Jayanti† |
April | Good Friday, Mahavir Jayanti† |
May | 29 Buddha Purnima† |
June | Buddha Purnima† |
August | 15 (Independence Day), Krishna Janmashtami† |
September | Krishna Janmashtami† |
October | 2 (Gandhi Jayanti), Dussehra, Maharishi Valmiki Jayanti, Diwali† |
November | Diwali†, Guru Nanak Jayanti, Guru Tegh Bahadur Martydom Day |
†Festival date may be in either month.
In addition to the above the following days are also prohibited days:
- Ram Navami
- Maha Shivratri
- Eid al-Adha
- Eid ul-Fitr
- Muharram
- Milad un Nabi
- prohibited days are also announced when elections are held in the state.[42]
Jammu and Kashmir
- Jammu
Month | Date/Festival |
---|---|
August | 15 (Independence Day), Krishna Janmashtami† |
September | Krishna Janmashtami† |
October | 2 (Gandhi Jayanti) |
November | Guru Nanak Jayanti |
†Festival date may be in either month.
In addition to the above the following days are also prohibited days:
- Ram Navmi
- Maha Shivratri
- Prohibited days are also announced when elections are held in the state.
- Prohibited days can also be declaered on such days not exceeding three days during a year as may be declared by the State Government
- Kashmir
Month | Date/Festival |
---|---|
August | 15 (Independence Day), Krishna Janmashtami† |
September | Krishna Janmashtami† |
October | 2 (Gandhi Jayanti) |
†Festival date may be in either month.
In addition to the above the following days are also Prohibited days:
- Maha Shivratri
- Eid ul-Fitr
- Eid ul-Zuha
- Eid-e-Milaad
- Prohibited days are also announced when elections are held in the state.
- Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government.[20]
Kerala
Month | Date |
---|---|
January | 1 26 30 (Martyrs' Day) |
February | 1 |
March | 1 |
April | 1 |
May | 1 |
June | 1, 26 |
July | 1 |
August | 1,15 Sree Narayana Guru Jayanti† |
September | 1, Sree Narayana Guru Jayanti†, Sree Narayana Guru Samadhi |
October | 1, 2 (Gandhi Jayanti) |
November | 1 |
December | 1 |
†Date may be in either month.
During elections, are observed the day of the vote, the day before the vote, and during vote counting.
Sundays are no longer observed as Prohibited days in the state.[43][44]
Karnataka
Gandhi Jayanti (October 2),[45] Independence Day (August 15) and also prohibited days are announced when elections are held in the state.
Maharashtra
This 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 | Ashadi Ekadashi† |
August | 15 (Independence Day) |
September | Anant Chaturdashi |
October | 2 (Gandhi Jayanti), 8 (End of Prohibition Week) |
November | Kartiki Ekadashi |
†Festival date may be in June or July.
Prohibited days are designated on election days, plus the two days before and after the vote, and the day(s) of the count, plus one day before and one day after the counting days.
The district collector can also designate any day as a Prohibited day by giving seven days notice.[46]
Rajasthan
Month | Date/Festival |
---|---|
January | 26 (Republic Day), 30 (Martyrs' Day) |
March | Mahavir Jayanti† |
April | Mahavir Jayanti† |
August | 15 (Independence Day), Krishna Janmashtami† |
September | Krishna Janmashtami† |
October | 2 (Gandhi Jayanti) |
†Festival date may be in either month.
In addition to the above the following days are also Prohibited days:
- Maha Shivratri
- Harijan Day
- Prohibited days are also announced when elections are held in the state.
Tamil Nadu
Month | Date | Festival |
---|---|---|
January | 15/16(Leap year) | Thiruvalluvar Day |
January (December) | Eid al-Mawlid (Milad-un-Nabi) | |
January | 26 | Republic Day |
January | Vadalur Ramalinga Jothi | |
February | Maha Shivaratri | |
April | Prophet Birthday (Nabigal Nayagam) | |
April (March) | Mahavir Jayanti | |
May | 1 | May Day |
August | 15 | Independence Day |
October | 2 | Gandhi Jayanti |
- Prohibited days are also announced when elections are held in the state.[47]
West Bengal
Month | Date/Festival |
---|---|
January | 26 (Republic Day) |
August | 15 (Independence Day) |
October | 2 (Gandhi Jayanti) |
In addition to the above the following days are also Prohibited days:
- On the day of Muharram
- Dol Jatra only till 14 hours of the day
However 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 the said "dry days". Only the open sale of liquor at restaurants, liquor shops and other permitted places is disallowed on those days.
- 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).[48]
See also
References
- ^ "Minimum Age Limits Worldwide". Icap.org. Archived from the original on 2015-05-05. Retrieved 2015-05-18.
{{cite web}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help) - ^ a b "Alcohol prohibition to remain in Nagaland". Ucanews.com. Retrieved 2015-05-18.
- ^ a b c "Kerala High Court upholds govt liquor policy, confines bar licence to five-star hotels". Indian Express. Retrieved 2015-08-08.
- ^ "Stick to beer or wine: High Court approves Kerala government's alcohol ban". Scroll.in. Retrieved 2015-08-08.
- ^ a b c "India's Kerala High Court upholds alcohol ban". BBC. Retrieved 2015-08-08.
- ^ "Indians drinking alcohol up 55% in 20 years - The Times of India". Timesofindia.indiatimes.com. Retrieved 2015-05-18.
- ^ "India toxic alcohol kills 29 in Uttar Pradesh - BBC News". Bbc.com. Retrieved 2015-05-18.
- ^ "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 2013-10-10. Retrieved 2015-05-18.
- ^ "States Subject List". Vakilbabu.com. Retrieved 2015-05-18.
- ^ "Schedule". Constitution.org. Retrieved 2015-05-18.
- ^ "3 held for home delivery of liquor – The Times of India". The Times Of India. 22 August 2002.
- ^ a b c d e f g h i j k l m n "Liquor Laws". All About Daru. Retrieved 30 April 2016.
- ^ "Bihar's decision to go 'dry' and politics of liquor ban in India". IBNLive. Retrieved 2015-11-28.
- ^ "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Retrieved 2014-08-24.
- ^ "Drinking age in India". drinkingmap.com. Retrieved 22 May 2014.
- ^ "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Retrieved 30 September 2014.
- ^ a b "The Punjab Excise Act, 1914", The Punjab Excise Act, 1914, Government of Haryana, retrieved November 1, 2012
- ^ "Himachal bans selling liquor to minors | Himvani News | Page 19813". Himvani.com. Retrieved 2015-05-18.
- ^ "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18.
- ^ a b "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18.
- ^ "List of States in India with Prohibition of "Liquor/Alcohol" in force". infoqueenbee.com. 11 September 2014.
- ^ "Arrack ban in Karnataka from tomorrow". The Times Of India. 30 June 2007.
- ^ "Siddu wants cheap, safe liquor for poor". Deccanherald.com. 2013-05-14. Retrieved 2015-05-18.
- ^ "Drinking age raised to 21 from 18 in Kerala". Deccan Chronicle. 2015-08-08.
- ^ "Lakshadweep Official Website". Lakshadweep.nic.in. Retrieved 2015-05-18.
- ^ "The Madhya Pradesh Excise Act" (PDF). Retrieved 2016-12-20.
- ^ a b "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011.
- ^ "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.
- ^ a b "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011.
- ^ "Mizoram to lift total prohibition". Thehindu.com. 2014-09-02. Retrieved 2015-05-18.
- ^ "No Drink For You? India's Dry States". Full Stop India.
- ^ "Cheers! Orissa raises a toast to 21". The Times of India. 18 June 2011.
- ^ "Underage drinking: Punjab to take action against vendors". Indianexpress.com. 2010-05-03. Retrieved 2015-05-18.
- ^ "Alcohol Law In India by chockyfoodie". iFood.tv. Retrieved 2015-05-18.
- ^ "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on April 12, 2013. Retrieved December 28, 2011.
{{cite web}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help) - ^ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
- ^ "Three cheers to dry days!". Hindustantimes.com. 2011-08-15. Retrieved 2015-05-18.
- ^ "official web site of Kerala State Beverages Corporation Limited". Ksbc.kerala.gov.in. Archived from the original on 2011-08-07. Retrieved 2014-08-24.
{{cite web}}
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ignored (|url-status=
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- ^ https://web.archive.org/web/20120201040753/http://emulate.aponline.gov.in/apbcl/index.html. Archived from the original on February 1, 2012. Retrieved March 5, 2012.
{{cite web}}
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(help); Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help) - ^ "Excise,Entertainment & Luxury Tax Department". Government of NCT of Delhi. Retrieved 30 September 2014.
- ^ "Government of Delhi: Government Departments : Excise : Excise Department : Delhi Liquor Licence Rules, 1976". Excise.delhigovt.nic.in. Retrieved 2015-05-18.
- ^ "Sundays no more dry days in Kerala". Thehindu.com. 2014-12-19. Retrieved 2015-05-18.
- ^ https://web.archive.org/web/20110807233919/http://ksbc.kerala.gov.in/know.htm. Archived from the original on August 7, 2011. Retrieved August 30, 2011.
{{cite web}}
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(help); Unknown parameter|deadurl=
ignored (|url-status=
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- ^ "List of Dry Days". Web.archive.org. 2010-04-06. Archived from the original on 2010-04-06. Retrieved 2015-05-18.
- ^ "Tamil Nadu / Chennai / TASMAC Dry Days 2013 (Liquor shops closed)". KosuKadi.com. Retrieved 2015-05-18.
- ^ "Closure of retail excise licensed premises in West Bengal on special occasions". Web.archive.org. Archived from the original on 2009-09-11. Retrieved 2015-05-18.