Alcohol laws of India

From Wikipedia, the free encyclopedia

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 Bihar, Gujarat and Nagaland,[2] Mizoram as well as the union territory of Lakshadweep. There is 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 72.5% over a period of 20 years (according to OECD figures) as the laws are generally not followed in a customer business relationship.[4][5] The maximum permitted ABV is 45.5%.[6]

Law[]

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[7][8][9] 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 but not online. 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.[citation needed]

Home delivery of alcoholic beverages is illegal in Delhi.[10] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.[citation needed]

Legal drinking age by states and union territories[]

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

State/UT Drinking Age Remarks
Andaman and Nicobar Islands 21[11]
Andhra Pradesh 18[11]
Arunachal Pradesh 21[11]
Assam 21[11]
Bihar Illegal Total ban on all alcohol since 4 April 2016[12]
Chandigarh 25[13]
Chhattisgarh 21[11]
Dadra and Nagar Haveli and Daman and Diu 25
Delhi 21[14]
Goa 18[15]
Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[16]
Haryana 25[11] 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] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[18]
Himachal Pradesh 18[19]
Jammu and Kashmir 18[20][21]
Jharkhand 21[11][22][23]
Karnataka 18 Arrack has been banned in Karnataka since 1 July 2007.[24][25] The Karanataka Excise Department, 1967, stipulate that drinking age is 21. However, the Karnataka Excise Act, 1965, states 18 as the minimum age to purchase alcohol. The law is ambiguous and in practise many bars serve those above age 18 though a few bars refuse service to anyone below 21.[26][27]
Kerala 23[28] Kerala government has planned to implement prohibition of hard liquor in 10 years.[29][3]
Ladakh 18[30][21]
Lakshadweep Illegal[11] Consumption is legal only on the resort island of Bangaram.[31]
Madhya Pradesh 21[32]
Maharashtra 21 (beer)

25 (others)[citation needed]

In Maharashtra, a liquor licence obtained from a Government Civil Hospital is required to drink, although this is largely not enforced. Additionally, state legislature empowers district governments to ban alcohol entirely. As a result, three districts, Wardha, Gadchiroli and Chandrapur have imposed a total ban on the production and sale of alcohol.
Manipur 21[11] Partial prohibition since 2002, prohibited in the districts of Bishnupur, Imphal East, Imphal West and Thoubal[33]
Meghalaya 21[34]
Mizoram Illegal[35] Banned since 2019[36]
Nagaland Illegal[2] Sale and consumption illegal since 1989.[37]
Odisha 21[38]
Puducherry 18[11]
Punjab 25[39] 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] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[18]
Rajasthan 18[40]
Sikkim 18[41]
Tamil Nadu 21[11]
Telangana 18[citation needed]
Tripura 21[citation needed]
Uttar Pradesh 21[42] Section 22 [42]
Uttarakhand 21[11]
West Bengal 21[citation needed]

Drink driving law[]

The blood alcohol content (BAC) legal limit is 0.03%[43] or 0.03 mg alcohol in 100 ml blood.[44]

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.[45]

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 (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October).[46] Dry days are also observed during elections in India.[47][48]

Dry days by states and union territories[]

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.

Prohibited days are also announced when elections are held in the state.[49][50] 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).[51]

Andam and Nicobar Islands[]

Retail shops are closed on every month on the 7th, which is the pay day / salary day in this union territory, and on 2nd & 4th Tuesdays of every month. Plus, a maximum of two fulls or four beers are permitted per person for sale in retail shops.

Month Date Festival
January 26 Republic Day
August 15 Independence Day
October 2 Gandhi Jayanti

Delhi[]

Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays—26 January 2 October and 15 August, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).[52]

Month Date Festival
January 26 Republic Day
February 12 Maharishi Dayanand Jayanti
February 16 Guru Ravidas Jayanti
March 4 Maha Shivratri
March Holi
April Good Friday
April Mahavir Janma Kalyanak
April Ram Navami
May 29 Buddha Purnima
June 4–5 Eid-Ul-Fitr
June Buddha Purnima
August 11 Eid al-Adha (Bakrid)
August 15 Independence Day
September Krishna Janmashtami
September 28 Muharram
October 2 Gandhi Jayanti
October Dussehra,
October Maharishi Valmiki Jayanti
November Diwali
November 9–10 Eid-Ul-Milad
November Guru Nanak Jayanti
November Guru Tegh Bahadur Martydom Day

Festival date may be in either month.

Jammu and Kashmir[]

Jammu
Month Date Festival
March 4 Maha Shivratri
April Ram Navami
August 15 Krishna Janmashtami
August 15 Independence Day
September Krishna Janmashtami
October 2 Gandhi Jayanti
November Guru Nanak Jayanti

Festival date may be in either month.

Kashmir
Month Date Festival
March 4 Maha Shivratri
June 4–5 Eid-Ul-Fitr
August 11 Eid al-Adha (Bakrid)
August 15 Independence Day
August Krishna Janmashtami
September Krishna Janmashtami
October 2 Gandhi Jayanti
November 9–10 Eid-Ul-Milad

Festival date may be in either month.

Karnataka[]

Republic Day

Month Date Festival
October 2 Gandhi Jayanti

Kerala[]

Sundays are no longer observed as Prohibited days in the state.[53][54]

Partial list, please help expand.

Month Date Festival
January 1 New Year Day
February 26 Republic Day
August Sree Narayana Guru Jayanti
August 15 Independence Day
September Sree Narayana Guru Jayanti
September Sree Narayana Guru Samadhi
October Gandhi Jayanti

Date may be in either month.

Maharashtra[]

The district collector can also designate any day as a Prohibited day by giving seven days' notice.[55] his 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
January 30 Martyrs' Day
May 1 Maharashtra Day
June or July Ashadi Ekadashi
August 15 Independence Day
September Anant Chaturdashi
October 2-9 Gandhi Week
November Kartiki Ekadashi

Festival date may be in June or July.

Rajasthan[]

Month Date Festival
January 26 Republic Day)
January 30 Martyrs' Day
February Maha Shivaratri
March Mahavir Janma Kalyanak
March 30 Rajasthan Formation Day
April Mahavir Janma Kalyanak
August 15 Independence Day
October 2 Gandhi Jayanti
October 30 Harijan Day

Festival date may be in either month.

Tamil Nadu[]

Month Date Festival
January 15 or 16 Thiruvalluvar Day
January 26 Republic Day
January (February) Vadalur Ramalinga Adikalar Jothi
February Maha Shivaratri
April Prophet Mohamad's Birthday (Nabigal Nayagam)
April (March) Mahavir Janma Kalyanak
May 1 May Day
August 15 Independence Day
October 2 Gandhi Jayanti
December Eid al-Mawlid (Milad-un-Nabi)

Leap year)(will vary based on Tamil calendar.

West Bengal[]

Month Date Festival
January 15 Makar Sankranti
January 26 Republic Day
March 4 Maha Shivratri
March 10 Holi
April 14 Ram Navami
April 17 Mahavir Janma Kalyanak
May 01 Maharashtra Day
June 2 Formation Day (Telangana)
June 4–5 Eid-Ul-Fitr)
August 11 Eid al-Adha (Bakrid)
August 15 Independence Day
August 15 Raksha Bhandan
August 24 Janmashtami
September 2 Ganesh Chaturthi
September 28 Muharram
October 2 Gandhi Jayanti
October 8 Dussehra
October 27 Diwali
November 9–10 Eid-Ul-Milad
December 25 Christmas

See also[]

  • India alcohol related
    • Alcohol prohibition in India
    • Dry Days in India
    • Kasauli Brewery, India's first european style brewery still in operation
    • Solan brewery

References[]

  1. ^ "Minimum Age Limits Worldwide". Icap.org. Archived from the original on 5 May 2015. Retrieved 18 May 2015.
  2. ^ Jump up to: a b "Alcohol prohibition to remain in Nagaland". Ucanews.com. Archived from the original on 28 September 2013. Retrieved 18 May 2015.
  3. ^ Jump up to: a b "India's Kerala High Court upholds alcohol ban". BBC News. BBC. 30 October 2014. Retrieved 8 August 2015.
  4. ^ "Indians drinking alcohol up 55% in 20 years – The Times of India". Timesofindia.indiatimes.com. Retrieved 18 May 2015.
  5. ^ "India toxic alcohol kills 29 in Uttar Pradesh – BBC News". BBC News. Bbc.com. 13 January 2015. Retrieved 18 May 2015.
  6. ^ foodnavigator-asia.com. "India alcohol limits drafted". foodnavigator-asia.com. Retrieved 15 June 2020.
  7. ^ "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 10 October 2013. Retrieved 18 May 2015.
  8. ^ "States Subject List". Vakilbabu.com. Retrieved 18 May 2015.
  9. ^ "Schedule". Constitution.org. Retrieved 18 May 2015.
  10. ^ "3 held for home delivery of liquor". The Times of India. 22 August 2002. Archived from the original on 24 May 2013.
  11. ^ Jump up to: a b c d e f g h i j k l "Liquor Laws". All About Daru. Retrieved 30 April 2016.
  12. ^ "Bihar's decision to go 'dry' and politics of liquor ban in India". IBNLive. Retrieved 28 November 2015.
  13. ^ "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Archived from the original on 21 February 2014. Retrieved 24 August 2014.
  14. ^ "Delhi govt lowers legal drinking age, no new liquor shops to open". mint. 22 March 2021. Retrieved 22 March 2021.
  15. ^ "Legal Drinking age and Dry Days in India". Legodesk. 26 November 2018.
  16. ^ "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Retrieved 30 September 2014.
  17. ^ Jump up to: a b The Punjab Excise Act, 1914, Government of Haryana, retrieved 1 November 2012
  18. ^ Jump up to: a b "Anuj Garg & Ors vs Hotel Association Of India & Ors on 6 December, 2007". indiankanoon.org. Retrieved 14 June 2018.
  19. ^ "Himachal bans selling liquor to minors | Himvani News | Page 19813". Himvani.com. Retrieved 18 May 2015.
  20. ^ "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  21. ^ Jump up to: a b "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  22. ^ Days of government-run liquor shops over as pvt parties to run biz again from today – Times of India
  23. ^ Opening of private liquor shops get ECI’s nod
  24. ^ "Arrack ban in Karnataka from tomorrow". The Times Of India. 30 June 2007.
  25. ^ "Siddu wants cheap, safe liquor for poor". Deccanherald.com. 14 May 2013. Retrieved 18 May 2015.
  26. ^ vanshajdhiman7@gmail.com (26 November 2018). "Legal Drinking age and Dry Days in India". Legodesk. Retrieved 6 March 2020.
  27. ^ Staff Reporter (5 January 2016). "Is legal age to drink in Karnataka 18 or 21?". The Hindu. ISSN 0971-751X. Retrieved 6 March 2020.
  28. ^ "Legal drinking age raised to 23 in Kerala". The Hindu. 7 December 2017.
  29. ^ "Kerala High Court upholds govt liquor policy, confines bar licence to five-star hotels". Indian Express. Retrieved 8 August 2015.
  30. ^ "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 18 May 2015.
  31. ^ "Lakshadweep Official Website". Lakshadweep.nic.in. Archived from the original on 27 April 2017. Retrieved 18 May 2015.
  32. ^ "The Madhya Pradesh Excise Act" (PDF). Retrieved 20 December 2016.
  33. ^ "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.
  34. ^ "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011. Archived from the original on 5 June 2011.
  35. ^ "Mizoram passes Bill for total prohibition". indianexpress. Retrieved 21 March 2019.
  36. ^ "Mizoram goes dry again as Assembly passes Liquor Prohibition Bill 2019". nenow. Retrieved 21 March 2019.
  37. ^ "No Drink For You? India's Dry States". Full Stop India.
  38. ^ "Cheers! Orissa raises a toast to 21". The Times of India. 18 June 2011. Archived from the original on 19 April 2012.
  39. ^ "Underage drinking: Punjab to take action against vendors". Indianexpress.com. 3 May 2010. Retrieved 18 May 2015.
  40. ^ Rajasthan Excise Act 1950, Section 22
  41. ^ "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011. Archived from the original on 4 January 2013.
  42. ^ Jump up to: a b "Legal Drinking Age in India". MrLiquor. Retrieved 9 March 2017.
  43. ^ "Alcohol Law In India by chockyfoodie". iFood.tv. Archived from the original on 22 February 2014. Retrieved 18 May 2015.
  44. ^ "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on 12 April 2013. Retrieved 28 December 2011.
  45. ^ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
  46. ^ "Three cheers to dry days!". Hindustantimes.com. 15 August 2011. Archived from the original on 2 May 2013. Retrieved 18 May 2015.CS1 maint: unfit URL (link)
  47. ^ "official web site of Kerala State Beverages Corporation Limited". Ksbc.kerala.gov.in. Archived from the original on 7 August 2011. Retrieved 24 August 2014.
  48. ^ "Andaman & Nicobar Administration, Excise Department : Excise Policy" (PDF). And.nic.in. Archived from the original (PDF) on 22 March 2012. Retrieved 18 May 2015.
  49. ^ https://web.archive.org/web/20120201040753/http://emulate.aponline.gov.in/apbcl/index.html. Archived from the original on 1 February 2012. Retrieved 5 March 2012. Missing or empty |title= (help)
  50. ^ "Government of Delhi: Government Departments : Excise : Excise Department : Delhi Liquor Licence Rules, 1976". Excise.delhigovt.nic.in. Archived from the original on 29 May 2015. Retrieved 18 May 2015.
  51. ^ "Closure of retail excise licensed premises in West Bengal on special occasions". Archived from the original on 11 September 2009. Retrieved 18 May 2015.
  52. ^ "Excise, Entertainment & Luxury Tax Department". Government of NCT of Delhi. Archived from the original on 6 October 2014. Retrieved 30 September 2014.
  53. ^ "Sundays no more dry days in Kerala". Thehindu.com. 19 December 2014. Retrieved 18 May 2015.
  54. ^ https://web.archive.org/web/20110807233919/http://ksbc.kerala.gov.in/know.htm. Archived from the original on 7 August 2011. Retrieved 30 August 2011. Missing or empty |title= (help)
  55. ^ "List of Dry Days". 6 April 2010. Archived from the original on 6 April 2010. Retrieved 18 May 2015.
Retrieved from ""