Jump to content

Alcohol laws of India: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
Editwikigu (talk | contribs)
113 edits
Improved with latest and links
Line 1: Line 1:
The [[legal drinking age]] in [[India]] and the laws which regulate the sale and consumption of alcohol vary significantly from state to state.<ref>{{cite web|url=http://www.icap.org/Table/MinimumAgeLimitsWorldwide |title=Minimum Age Limits Worldwide |publisher=International Center for Alcohol Policies}}</ref> In India, consumption of alcohol is prohibited in the states of [[Gujarat]], [[Manipur]], [[Mizoram]] , [[Kerala]] and [[Nagaland]],<ref name="nagaland">{{cite web|url=http://www.ucanews.com/2010/08/31/alcohol-prohibition-to-remain-in-nagaland/ |title=Alcohol prohibition to remain in Nagaland}}</ref> as well as the [[Union Territory|union territory]] of [[Lakshadweep]]. [[Kerala]] is implementing prohibition in phased manner. All other Indian states permit alcohol consumption but fix a legal drinking age. In some states, the legal drinking age can be different for different types of alcoholic beverages.
The [[legal drinking age]] in [[India]] and the laws which regulate the sale and consumption of alcohol vary significantly from state to state.<ref>{{cite web|url=http://www.icap.org/Table/MinimumAgeLimitsWorldwide |title=Minimum Age Limits Worldwide |publisher=International Center for Alcohol Policies}}</ref> In India, consumption of alcohol is prohibited in the states of [[Gujarat]], [[Manipur]], [[Mizoram]] , [[Kerala]] and [[Nagaland]],<ref name="nagaland">{{cite web|url=http://www.ucanews.com/2010/08/31/alcohol-prohibition-to-remain-in-nagaland/ |title=Alcohol prohibition to remain in Nagaland}}</ref> as well as the [[Union Territory|union territory]] of [[Lakshadweep]]. [[Kerala]] is implementing prohibition in phased manner. All other Indian states permit alcohol consumption but fix a legal drinking age. In some states, the legal drinking age can be different for different types of alcoholic beverages.

In spite of valid Laws, the Alcohol consumption in India has risen over 55% over a period of 20 yrs. Youngsters are being initiated much earlier, more women are indulging hazardous and binge drinking as per Paris based organization for Economic Co-operation & Development (OECD)<ref>[http://timesofindia.indiatimes.com/india/Indians-drinking-alcohol-up-55-in-20-years/articleshow/47313965.cms</ref>] [<ref>http://www.bbc.com/news/world-asia-india-30791674</ref>] <ref>[http://www.thehealthsite.com/news/shocking-55-rise-in-alcohol-intake-in-the-past-20-years-in-india/</ref>]


==Law==
==Law==

Revision as of 13:10, 17 May 2015

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, Manipur, Mizoram , Kerala and Nagaland,[2] as well as the union territory of Lakshadweep. Kerala is implementing prohibition in phased manner. All other Indian states permit alcohol consumption but fix a legal drinking age. In some states, the legal drinking age can be different for different types of alcoholic beverages.

In spite of valid Laws, the Alcohol consumption in India has risen over 55% over a period of 20 yrs. Youngsters are being initiated much earlier, more women are indulging hazardous and binge drinking as per Paris based organization for Economic Co-operation & Development (OECD)[3]] [[4]] [5]]

Law

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[6][7][8] 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.

Delhi

Home delivery of alcoholic beverages is illegal in Delhi.[9] However, Delhi permits home delivery of beer and wine by private vends and departmental stores. The sale of beer at departmental stores, banquet halls and farm houses, is legal in Delhi.[9]

The following list is incomplete. Please help complete the list by providing references

State/UT Drinking Age Remarks
Andaman and Nicobar Islands It is illegal to sell or supply any liquor to Andamanese, Nicobarese or any other Scheduled Tribes.
Andhra Pradesh 21 [10]
Arunachal Pradesh 21[11]
Assam 21
Bihar 21[10]
Chandigarh 25[12]
Chhattisgarh 21
Dadra and Nagar Haveli
Daman and Diu
Delhi 25[13]
Goa 18[10]
Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits.
Haryana 25 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".[14]
Himachal Pradesh 18[15]
Jammu and Kashmir 21[16][17]
Jharkhand 21
Karnataka 18[18] Arrack has been banned in Karnataka since 1 July 2007.[19][20]
Kerala 21[21] Arrack is banned in Kerala since 1996.[22] Drinking age was raised from 18 to 21 in July 2011. Starting 1 April 2015, liquor will only be sold at 5-star hotels. Toddy will continue to be sold as before.[23]
Lakshadweep Illegal Consumption is legal only on the island of Bangaram.[24]
Madhya Pradesh 21
Maharashtra No limit (wine)[25]
21 (beer)
25 (Other)[25]		 In Maharashtra for drinking a person should carry a liquor license obtained from Govt.Civil Hospital. The drinking age is 30 years in Wardha district.[26]
Manipur Illegal
Meghalaya 25[27]
Mizoram Illegal[28]
Nagaland Illegal[2] Sale and consumption illegal since 1989.[29]
Orissa 21[10]
Puducherry 18
Punjab 25[30] 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".[14]
Rajasthan 21
Sikkim 18[11]
Tamil Nadu 21[10]
Telangana 21 [10]
Tripura 21
Uttar Pradesh 18
Uttarakhand 21
West Bengal 21[27]

Drunk Driving Law

The blood alcohol content (BAC) legal limit is 0.03%[31] or 30 µl alcohol in 100 ml blood.[32]

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.[33]

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).[34] Dry days are also observed on and around voting days.[35][36]

Dry Days by State

Andaman and Nicobar Islands

Month Date/Festival
January 7, 26 (Republic Day), 30 (Martyrs' Day)
February 7
March 8, Holi
April 7, Good Friday
May 7
June 7
July 7
August 7, 15 (Independence Day)
September 7
October 2 (Gandhi Jayanti), 7, Dusshera
November 7
December 7

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.

Source: Andaman and Nicobar Excise Department

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.

Source: Andhra Pradesh Beverages Corporation Ltd.

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).[37]

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:

Source: Department of Excise, Entertainment and Luxury Tax

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

Source: THE JAMMU & KASHMIR LIQUOR LICENSE & SALE RULES, 1984

Kerala

Month Date
January 1 26 30 (Martyrs' Day)
February 1
March 1
April 1
May 1
June 1
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.[38]

Source: Official web site of Kerala State Beverages Corporation Limited

Karnataka

Gandhi Jayanti (October 2) is the only Prohibited day in Karnataka.[39]

Prohibited days are also 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/Chetan Jayanti)
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) the 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.

Source: Maharashtra State Excise

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:

Tamil Nadu

Month Date/Festival
January Tiruvalluvar Day, Republic Day
March Mahavir Jayanti†
April Mahavir Jayanti†
May 1 (May Day)
August 15 (Independence Day)
October 2 (Gandhi Jayanti)

†Festival date may be in either month.

In addition to the above the following days are also Prohibited days:

  • Vallalar Jothi Day
  • Milad un Nabi
  • Prohibited days are also announced when elections are held in the state.

Source: Tamil Nadu Prohibited day list – 2013 : Kosukadi

West Bengal

Month Date/Festival
January 26 (Republic Day)
March Second day of Holi†
April Mahavir Jayanti†
August 15 (Independence Day)
October 2 (Gandhi Jayanti), Dusshera (Bijaya Dashami)‡

†Festival date may be in March or April.
‡From 15 hours of the day

In addition to the above the following days are also Prohibited days:

Source: Department of Excise, West Bengal

See also

References

  1. ^ "Minimum Age Limits Worldwide". International Center for Alcohol Policies.
  2. ^ a b "Alcohol prohibition to remain in Nagaland".
  3. ^ [http://timesofindia.indiatimes.com/india/Indians-drinking-alcohol-up-55-in-20-years/articleshow/47313965.cms
  4. ^ http://www.bbc.com/news/world-asia-india-30791674
  5. ^ [http://www.thehealthsite.com/news/shocking-55-rise-in-alcohol-intake-in-the-past-20-years-in-india/
  6. ^ Constitution of India » 246. Subject-matter of laws made by Parliament and by the Legislatures of States
  7. ^ States Subject List
  8. ^ Schedule
  9. ^ a b "3 held for home delivery of liquor – The Times of India". The Times Of India. 22 August 2002.
  10. ^ a b c d e f "Cheers! Orissa raises a toast to 21". The Times of India. 18 June 2011.
  11. ^ a b "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011.
  12. ^ "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Retrieved 2014-08-24.
  13. ^ "Drinking age in India". drinkingmap.com. Retrieved 22 May 2014.
  14. ^ a b "The Punjab Excise Act, 1914", The Punjab Excise Act, 1914, Government of Haryana, retrieved November 1, 2012
  15. ^ Himachal bans selling liquor to minors | Voice of Himachal
  16. ^ http://jkexcise.nic.in/documents/eact.pdf
  17. ^ http://jkexcise.nic.in/documents/exc_rule.pdf
  18. ^ "List of States in India with Prohibition of "Liquor/Alchol" in force". infoqueenbee.com. 11 September 2014.
  19. ^ "Arrack ban in Karnataka from tomorrow". The Times Of India. 30 June 2007.
  20. ^ Siddu wants cheap, safe liquor for poor
  21. ^ Liquor policy aims to curb buying, selling – Indian Express
  22. ^ Arrack ban to stay in Kerala
  23. ^ "Kerala, one of the highest consumers of alcohol, to bid goodbye to booze". The Economic Times. ET bureau. 21 August 2014. Retrieved 21 August 2014.
  24. ^ Lakshadweep Official Website
  25. ^ a b "Maha ups drinking age to 25". Hindustan Times. 2 June 2011.
  26. ^ "Maharashtra's legal drinking age is highest in world". The Times Of India.
  27. ^ a b "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011.
  28. ^ http://www.thehindu.com/news/national/other-states/mizoram-to-enact-law-to-lift-total-prohibition-of-liquor/article6373073.ece
  29. ^ "No Drink For You? India's Dry States". Full Stop India.
  30. ^ Underage drinking: Punjab to take action against vendors – Indian Express
  31. ^ Alcohol Law in India | ifood.tv
  32. ^ [1][dead link]
  33. ^ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
  34. ^ Three cheers to dry days!
  35. ^ "official web site of Kerala State Beverages Corporation Limited". Ksbc.kerala.gov.in. Retrieved 2014-08-24.
  36. ^ http://www.and.nic.in/Announcements/Excise_policy.pdf
  37. ^ "Excise,Entertainment & Luxury Tax Department". Government of NCT of Delhi. Retrieved 30 September 2014.
  38. ^ http://www.thehindu.com/todays-paper/tp-national/tp-kerala/sundays-no-more-dry-days-in-kerala/article6706386.ece
  39. ^ "Why must Delhi have Prohibited days? – The Times of India". The Times Of India.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Alcohol_laws_of_India&oldid=662763784"