Alcohol laws of India

From Wikipedia, the free encyclopedia
Jump to: navigation, search

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 and Nagaland [2] as well as the union territory of Lakshadweep. There is a 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).[4][5]

Law[edit]

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.

Home delivery of alcoholic beverages is illegal in Delhi.[9] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.

Legal drinking age by States/UTs[edit]

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

State/UT Drinking Age Remarks
Andaman and Nicobar Islands 21[10]
Andhra Pradesh 21[10]
Arunachal Pradesh 21[10]
Assam 21[10]
Bihar Illegal Total ban on all alcohol since April 4, 2016[11]
Chandigarh 25[12]
Chhattisgarh 21[10]
Dadra and Nagar Haveli 25
Daman and Diu 25
Delhi 25[13]
Goa 18[10]
Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[14]
Haryana 25[10] 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".[15]
Himachal Pradesh 18[16]
Jammu and Kashmir 21[17][18]
Jharkhand 21[10] Jharkhand Government has banned sale of liquor/alcohol by shops/Thekas. Only govt. licensed shops can sell it that too are very few in number in each city.Like Ranchi has with population of 18 lakh has only 5 Authorised shops, so it can be said it is partially banned. ALL SHOPS CAN SELL LIQUOR FROM 10AM TO 1PM & 5PM TO 9PM .
Karnataka 21[19] Arrack has been banned in Karnataka since 1 July 2007.[20][21]
Kerala 23 Kerala government has planned to implement prohibition of hard liquor in 10 years.[22][3]
Lakshadweep Illegal[10] Consumption is legal only on the island of Bangaram.[23]
Madhya Pradesh 18[24]
Maharashtra 18 (wine)
21 (beer)
25 (Other)[25]
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[10] Partial prohibition since 2002[26]
Meghalaya 21[27]
Mizoram 21[citation needed] Seventeen year prohibition lifted in 2014.[28]
Nagaland Illegal[2] Sale and consumption illegal since 1989.[29]
Odisha 21[30]
Puducherry 18[10]
Punjab 25[31] 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".[15]
Rajasthan 21[10]
Sikkim 18[25]
Tamil Nadu 21[10]
Telangana 21[citation needed]
Tripura 21[citation needed]
Uttar Pradesh 21[32] Section 22

(Initially 18 in United Provisions Act,1910 but increased to 21 by amendment made in 1976)[32]

Uttarakhand 21[10]
West Bengal 21[27]

Drunk Driving Law[edit]

The blood alcohol content (BAC) legal limit is 0.03%[33] or 30 µl alcohol in 100 ml blood.[34]

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.[35]

Dry Days[edit]

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).[36] Dry days are also observed on and around voting days.[37][38]

Dry Days by States/UTs[edit]

Andhra Pradesh and Telangana[edit]

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.[39]

Delhi[edit]

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).[40]

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:

Jammu and Kashmir[edit]

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.[18]

Kerala[edit]

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.[42][43]

Karnataka[edit]

Gandhi Jayanti (October 2),[44] Independence Day (August 15) and also prohibited days are announced when elections are held in the state.

Maharashtra[edit]

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.[45]

Rajasthan[edit]

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[edit]

Month Date Festival
January 15 (16 Leap year) Thiruvalluvar Day
January 26 Republic Day
January (February) Vadalur Ramalinga Adikalar 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
December Eid al-Mawlid (Milad-un-Nabi)
  • Prohibited days are also announced when elections are held in the state.[46]

West Bengal[edit]

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.

See also[edit]

References[edit]

  1. ^ "Minimum Age Limits Worldwide". Icap.org. Archived from the original on 2015-05-05. Retrieved 2015-05-18. 
  2. ^ a b "Alcohol prohibition to remain in Nagaland". Ucanews.com. Archived from the original on 2013-09-28. Retrieved 2015-05-18. 
  3. ^ a b "India's Kerala High Court upholds alcohol ban". BBC. Retrieved 2015-08-08. 
  4. ^ "Indians drinking alcohol up 55% in 20 years - The Times of India". Timesofindia.indiatimes.com. Retrieved 2015-05-18. 
  5. ^ "India toxic alcohol kills 29 in Uttar Pradesh - BBC News". Bbc.com. Retrieved 2015-05-18. 
  6. ^ "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 2013-10-10. Retrieved 2015-05-18. 
  7. ^ "States Subject List". Vakilbabu.com. Retrieved 2015-05-18. 
  8. ^ "Schedule". Constitution.org. Retrieved 2015-05-18. 
  9. ^ "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 g h i j k l m n "Liquor Laws". All About Daru. Retrieved 30 April 2016. 
  11. ^ "Bihar's decision to go 'dry' and politics of liquor ban in India". IBNLive. Retrieved 2015-11-28. 
  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. ^ "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Retrieved 30 September 2014. 
  15. ^ a b "The Punjab Excise Act, 1914", The Punjab Excise Act, 1914, Government of Haryana, retrieved November 1, 2012 
  16. ^ "Himachal bans selling liquor to minors | Himvani News | Page 19813". Himvani.com. Retrieved 2015-05-18. 
  17. ^ "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18. 
  18. ^ a b "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18. 
  19. ^ "List of States in India with Prohibition of "Liquor/Alcohol" in force". infoqueenbee.com. 11 September 2014. 
  20. ^ "Arrack ban in Karnataka from tomorrow". The Times Of India. 30 June 2007. 
  21. ^ "Siddu wants cheap, safe liquor for poor". Deccanherald.com. 2013-05-14. Retrieved 2015-05-18. 
  22. ^ "Kerala High Court upholds govt liquor policy, confines bar licence to five-star hotels". Indian Express. Retrieved 2015-08-08. 
  23. ^ "Lakshadweep Official Website". Lakshadweep.nic.in. Retrieved 2015-05-18. 
  24. ^ "The Madhya Pradesh Excise Act" (PDF). Retrieved 2016-12-20. 
  25. ^ a b "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011. 
  26. ^ "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. 
  27. ^ a b "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011. 
  28. ^ "Mizoram to lift total prohibition". Thehindu.com. 2014-09-02. Retrieved 2015-05-18. 
  29. ^ "No Drink For You? India's Dry States". Full Stop India. 
  30. ^ "Cheers! Orissa raises a toast to 21". The Times of India. 18 June 2011. 
  31. ^ "Underage drinking: Punjab to take action against vendors". Indianexpress.com. 2010-05-03. Retrieved 2015-05-18. 
  32. ^ a b "Legal Drinking Age in India". MrLiquor. Retrieved 9 March 2017. 
  33. ^ "Alcohol Law In India by chockyfoodie". iFood.tv. Retrieved 2015-05-18. 
  34. ^ "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on April 12, 2013. Retrieved December 28, 2011. 
  35. ^ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014. 
  36. ^ "Three cheers to dry days!". Hindustantimes.com. 2011-08-15. Retrieved 2015-05-18. 
  37. ^ "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. 
  38. ^ "Andaman & Nicobar Administration, Excise Department : Excise Policy" (PDF). And.nic.in. Retrieved 2015-05-18. 
  39. ^ 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.  Missing or empty |title= (help)
  40. ^ "Excise,Entertainment & Luxury Tax Department". Government of NCT of Delhi. Retrieved 30 September 2014. 
  41. ^ "Government of Delhi: Government Departments : Excise : Excise Department : Delhi Liquor Licence Rules, 1976". Excise.delhigovt.nic.in. Retrieved 2015-05-18. 
  42. ^ "Sundays no more dry days in Kerala". Thehindu.com. 2014-12-19. Retrieved 2015-05-18. 
  43. ^ 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.  Missing or empty |title= (help)
  44. ^ "Why must Delhi have Prohibited days? – The Times of India". The Times Of India. 
  45. ^ "List of Dry Days". Web.archive.org. 2010-04-06. Archived from the original on 2010-04-06. Retrieved 2015-05-18. 
  46. ^ "Tamil Nadu / Chennai / TASMAC Dry Days 2013 (Liquor shops closed)". KosuKadi.com. Retrieved 2015-05-18. 
  47. ^ "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.