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Madras HC to State Govt: Enforce Liquor Ban in Tamil Nadu in Phased Manner; Relies on NIMHANS Study

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Alcohol Prohibition is a move that a lot of states have adopted recently. The idea of alcohol-free society is enshrined in our Constitution. Article 47 of the Constitution states that “The State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”.

Facts for Liquor Ban in Tamil Nadu

There are numerous writs that are filed before the Madras High Court with regard to the close proximity of liquor shops to schools and educational institutions. The present petition was that of a liquor shop that was functioning near a high school.

Court’s Appeals by Tamil Nadu

The Division Bench of the Madras High Court comprising of Justices N. Kirubakaran and B. Pugalendhi stated that “Though it is a difficult task, still every endeavour has to be made to discharge the people to drink and appeal the government to stop selling liquor.”

This appeal the Court state was not one made to the Court, rather it was a public outcry from housewives, children and the society at large. The Court noted that the introduction of prohibition could reduce the number of crimes committed and could also lead to an increase in individual income. General public health would increase and there would be no instances of drunken driving the Court observed.

The Court also added,

“The Court appeals to the State Government to bring prohibition in the State in a phased manner.” 

The appeal also stated that

“Society would be more peaceful and the dream of the father of the nation would be realised,”

while further asking if the Government would listen to the court.

Observations

The Court observed that the State of Tamil Nadu was the largest consumer of alcohol in the country amounting to 13% of national sales. The Court also noted that the 5,300 liquor retail stores that are present in the state generated revenue of around Rs 30,00 crore for the State Government. The Court noted that in November 2020, in 2 days of Deepavali a sum of Rs 465.79 crores was earned. Despite all this on taking a ratio, the government loses Rs 2 on healthcare for every rupee earned from the sale of liquor.

Study Findings

The Court based its appeal on the findings that were derived out of a study conducted by the National Institute of Mental Health and Neurosciences (NIMHANS). The study was based on the expenses incurred by the government against the revenue generated by selling liquor. It was pointed out in the study that the government spend around Rs 90,000 crore on healthcare whereas the liquor industry only generated an income of Rs 30,000 crore.


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