The Alcohol Prohibition in India: 2024 has more dry days but why?

Alcohol Prohibition in India:

A list of dry days in India in 2024

• 15 January: Makar Sankranti
• 26 January: Republic Day
• 30 January: Shaheed Diwas (only in Maharashtra)
• 19 February: Chhatrapati Shivaji Maharaj Jayanti (only in Maharashtra)
• 5 March: Swami Dayanand Saraswati Jayanti
• 8 March: Shivratri
• 25 March: Holi
• 29 March: Good Friday
• 10 April: Eid ul-Fitr
• 14 April: Ambedkar Jayanti
• 17 April: Ram Navami
• 17 April, 6 pm to 19 April: Lok Sabha Elections (Rajasthan, Puducherry, Karaikal, Mahe, Yanam and Andaman and Nicobar islands)
• 17 April, 4 pm to 19 April, 4 pm: Lok Sabha Elections (Manipur)
• 21 April: Mahavir Jayanti
• 24 April, 6 pm to 26 April: Lok Sabha Elections (Rajasthan, Kerala)
• 24 April, 4 pm to 26 April, 4 pm: Lok Sabha Elections (Manipur)
• 24 April, 6 pm to 26 April, 6 pm: Lok Sabha Elections (Border areas of Uttar Pradesh)
• 1 May: Maharashtra Day (only in Maharashtra)
• 13 May: Lok Sabha Elections (Andhra Pradesh)
• 17 May: Bakrid
• 23 May: Buddha Purnima
• 23 May- 25 May: Lok Sabha Elections (Delhi)
• 4 June: Lok Sabha Elections vote count (Delhi, Rajasthan, Puducherry, Manipur, Andaman and Nicobar Islands)
• 17 June: Id-ul-Zuha (Delhi)
• 17 July: Muharram and Ashadi Ekadashi
• 21 July: Guru Purnima
• 15 August: Independence Day
• 26 August: Janmashthami
• 7 September: Ganesh Chaturthi (only in Maharashtra)
• 17 September: Eid-e-Milad and Anant Chaturdashi
• 2 October: Gandhi Jayanti
• 8 October: Prohibition Week (only in Maharashtra)
• 12 October: Dussehra
• 17 October: Maharishi Valmiki Jayanti
• 1 November: Diwali
• 12 November: Kartiki Ekadashi
• 15 November: Guru Nanak Jayanti
• 25 December: Christmas

Alcohol Consumption in India State-Wise

Many factors have caused a rise in alcohol consumption in India state-wise. Factors like an increase in spending and urbanization have made India the third-largest alcohol and beverage market in the world.

The huge alcohol market is why India’s economy stands to benefit from it. Today, alcohol consumption in India is one of the country’s biggest forms of tax revenue. Constant hikes in prices to compensate for the pandemic have also helped. India earned Rs. 29,600 Cr. in alcohol tax revenues in 2022-23. Even a lot of new bars and liquor stores are opening up every day, which has led to new and premium brands of alcohol gaining popularity here. Despite all this, the most sought-after alcohol in India is still the same. Country liquor or IMFL (Indian Made Foreign Liquor) is the most consumed spirit in the country.

• Among states in India, Arunachal Pradesh stands out with the highest proportion of both men (52.7%) and women (24.2%) who drink alcohol.
• Other high-consuming states for men include Telangana, Sikkim, Manipur, Goa, and Jharkhand.
• For women, high alcohol prevalence is observed in all North Eastern states and Telangana.

•        Specific regional trends show that men’s alcohol consumption is notably high (40% and above) in certain regions of Assam, Jharkhand, Chhattisgarh, and Odisha.

• Among North Indian states, Himachal Pradesh has the highest alcohol consumption rate among men at 31.9%, followed by Uttarakhand at 25.5%.
• In southern India, Telangana leads with the highest alcohol consumption rate among men at 43.3%, followed by Tamil Nadu at 25.4%.
• Conversely, the states of Rajasthan, Jammu Kashmir, and Gujarat report the lowest rates of alcohol consumption among men.

How Does Alcohol Consumption Impact Public Health In India?

Recent history marks some tragic incidents related to alcohol in India. Here are a few notable ones:

Gujarat Liquor Tragedy (2022):

In July 2022, at least 28 people died and 60 others fell ill after consuming altered liquor in Ahmedabad and Botad districts of Gujarat state. These districts have strict prohibitions on the manufacturing, sale, and consumption of liquor. The chemical used to alter the liquor remains unknown.

Assam Toxic Alcohol Deaths (2019):

In February 2019, nearly 100 people died in Assam and neighboring Uttarakhand due to contaminated alcohol. Illegally brewed alcohol is common in India, where it is often spiked with chemicals like pesticides to increase potency.

Punjab Poisoning Incident (2020):

In August 2020, at least 86 people died in Punjab after consuming illegally-made alcohol. Authorities conducted raids, confiscated suspected liquor supplies, and made arrests in response to the tragedy.

Nagaland is strictly against alcohol consumption and has banned it. In Naga culture, people mostly view drinking as a taboo. A lot of Christian missionaries in the state also opposed alcohol consumption. Not only that, the movement to ban alcohol in the state was so rampant that people began fasting. The state implemented the Prohibition Act of 1989 in April 1990 as a result.

Mizoram

Mizoram’s handling of the prohibition of alcohol can be quite confusing for some. The Prohibition Act of 1995 came into effect in 1997. Then, in 2007, a partial ban permitted the use of guavas and grapes to produce wine. However, only a certain amount of alcohol was allowed. Then, another act called the Mizoram Liquor Prohibition Act, 2019 made alcohol illegal again. Alcohol consumption has been banned in the state ever since. Similar to Nagaland, Mizoram looked down on alcohol and considered it foul and against their culture.

Bihar

The decision to ban alcohol in Bihar was a major one. The Bihar Prohibition and Excise Act 2016 was introduced in 2015, merely 6 months after Nitish Kumar was elected Chief Minister. Banning alcohol meant a huge blow to the excise that the state collects. Despite this, the ban was met with huge aplomb from the masses, especially women. This is because acts of spousal and domestic violence were attributed to heavy/binge drinking. Although Alcohol Prohibition in India is a heavily debated topic, states like Bihar support the ban on alcohol.

Lakshadweep

All Union Territories in India except the inhabited island of Bangaram, which has a bar, are prohibited from selling or consuming alcohol, including Lakshadweep.

Alcohol Laws of India

Alcohol consumption is strictly and completely banned in certain parts of India. The reasons are unique to the challenges each state faces, but the primary reason is public safety and health.

What is the Reason that Not all States have Banned Alcohol?

Despite the Indian Constitution prohibiting alcohol, most states find it extremely difficult to pass such a law. This is mostly because alcohol sales are difficult to ignore and have regularly contributed significantly to state government revenue. For example, during the nationwide Covid lockdown in April 2020, state liquor revenues in Maharashtra were Rs 11,000 crore as opposed to Rs 17,000 crore in March.

Arguments against prohibiting alcohol:

There are many problems with prohibiting alcohol in all states that are:

The Right of Privacy:

• Any infringement on a person’s right to choose their food and drink is an unjustifiable restriction that undermines the person’s capacity for free will and physical autonomy.
• The Supreme Court has ruled in multiple cases since 2017 that the right to privacy is an inalienable fundamental right.

Increase the Feeling of Violence:

• Numerous investigations and analyses have demonstrated that alcohol tends to intensify violent feelings.
• The majority of crimes involving domestic violence against women and children take place in private.

Reduced Income:

• Alcohol-related taxes make up a sizable portion of any government’s income. These allow the government to fund various public welfare initiatives. Lack of these funds could have a serious effect on the state’s capacity to implement public assistance programs.

Employment Source:

• Presently, the Indian Made Foreign Liquors (IMFL) sector pays more than one lakh crore in taxes annually. It sustains the way of life for countless farming families and gives thousands of workers in the sector direct and indirect employment.

Alcohol laws of India

1. Article 47- Right to Liquor 

Article 47 discusses the prohibition at length. It holds the government responsible for public health. The State attempts to carry out its obligation under Article 47 of the Indian Constitution since alcohol is harmful to health. Therefore, it is not legal to trade or consume alcohol in and of itself. This is why the government actively engages in the discourse of banning alcohol. The Gandhian principle of the same article also outright prohibits the consumption of any intoxicant substances. This is why there’s an alcohol prohibition in India for certain states.

The social stigma attached to drinking alcohol is very prevalent in India. In 2019, the MoSJE did a study that revealed shocking facts related to alcohol consumption in the country. Harmful or dependent alcohol use affects over 57 million Indians, leading to the prohibition of alcohol consumption in a few states in India.

This line of thinking isn’t new since even a directive principle in the constitution bans drugs and alcohol consumption. However, the central government granted the decision-making to the states. In 1950, authorities passed the first law, and Maharashtra, Gujarat, and Tamil Nadu were the first to support prohibition. West Bengal, Rajasthan, and Kashmir had no prohibitions, and the other states and territories had partial prohibitions.

2. Article 21- Right to Consume Liquor

The right to privacy was established as a component of Article 21 in the seminal case K.S. Puttaswamy And Another v. Union Of India & Ors. The argument that a person’s right to privacy under the Indian Constitution includes the freedom to drink alcohol is supported by the claim that a person’s food choices are fundamental to their right to privacy. Register for the Constitutional Law course by clicking on the banner below to learn more about the rights protected by the Indian Constitution.

Therefore, based on all of these clauses, it can be concluded that there has been a fascinating debate about whether or not to support the sale and consumption of alcoholic beverages. There are states where selling alcohol is outright prohibited. Let’s investigate it.

Alcohol Consumption Age in India

There are strict measures regarding the legal alcohol consumption age in India. However, according to Statista, most Indian adults between 45-59 years of age consume alcohol. A concerning development is that 8.3% of the drinkers in the country are teenagers. Barring the alcohol-banned states in India, the legal age in most states is 21. States like Himachal Pradesh have a legal age of 18. Whereas Maharashtra has a legal age limit of 25.

Legal drinking age

States have different laws regarding legal age.

Age	Name of the state
18 years	Rajasthan, Himachal Pradesh, Goa, Andhra Pradesh, Sikkim, and Puducherry
23 years	Kerala
25 years	Maharashtra (light beer is allowed at the age of 21), Haryana, Punjab, Chandigarh, Dadra and Nagar Haveli, Daman and Diu
21 years	All the remaining states

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Alcohol Prohibition in India on Dry Days (Dry States in India)

Although partial and complete alcohol prohibition isn’t new in India, something every state has to deal with is dry days. Dry days come around certain days of the year and alcohol is strictly banned everywhere on these days. Liquor stores are closed these days. Even hotels, bars, and clubs are prohibited from serving alcohol. However, certain establishments can still serve it if permitted by the excise department. There are two types of dry days. National dry days and restricted dry days.

National dry days include Republic Day (January 26th), Independence Day (August 15th), and Gandhi Jayanti (October 2nd). These dry days are especially important for the state with the state with the highest alcohol consumption in India. Out of respect for the country, authorities enforce dry days on national holidays. They introduced dry days to ensure safety and reduce alcohol-related offenses. This doesn’t change anything about alcohol prohibition in states where it was already banned.

However, a lot of dry days even differ state-wise. For instance, Kerala observes the first of every month as a dry day. This is because people usually get paid their monthly salary in the first week of the month. The reason for these state-wise dry days is mostly religious. However, liquor bans during elections of state or even a lack of law and state.

Maharashtra also has a unique set of dry days. Occasions like Chhatrapati Shivaji Maharaj Jayanti, Shaheed Diwas, and Maharashtra Day are dry days. Another factor to consider is that dry day dates may shift yearly.

Frequently Asked Questions on Alcohol Prohibition in India: