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Constitutional Validity Of Alcohol In India And It's Scientific Proven Reality

By SritamMohapatra | Views 10145

The demand for Alcohol in India has grown into a rapid pace, and India is one of the top most countries where manufacturing and consumption of the alcohol is at its peak. The issues relating to alcohol are now being discussed before the Delhi High Court in the recent case of M/s. Path2way HR Solutions Private Limited V. Government of NCT of Delhi, where under the said case, Hon'ble Justice Yashwant Verma described the issue regarding the liquor as a subjective concept in terms of its availability or its shortage and such matter not to be discussed in the Court.

The Petitioner in the said case urges before the Court about the liquor as it is the duty of the Government and the whole-sellers to provide adequate amount of popular and niche brands of alcohol, so that, they will not incur heavy losses. Now the question comes, the right to liquor is a Fundamental Right in India or not? Is liquor really necessary to be distributed among the people of India at large? Is liquor or alcohol really healthy?
Let's discuss some history relating to Fundamental Right for consumption of Liquors in India, and it's scientific proven details.

In 1950s, in the case of State of Bombay v/s F.S. Bansal Verma, the Bombay Prohibition Act 1949, strictly prohibited the consumption of liquor and its manufacture, in which similarly, Gujarat also followed the same law by banning the consumption of Liquor. And the court further allowed that, alcohol can only be used in the case of medicinal or in the case of toilet preparations, and later on were allowed for industrial purposes but not for consumption. Then the Court clearly stated that Right to Liquor can not to be treated as the Fundamental Right.

In the case of Khoday Distilleries Ltd. v/s State of Karnataka, the matter of consumption of liquor has been discussed in relation to of Article 19(1)(g) of the Constitution of India, which deals with the Freedom of Trade. In the said case, the Hon'ble Supreme Court held that there is "no right to carry a trade which is injurious to health".

Under Article 19(1)(g) of the Indian Constitution, the right of trade and commerce is enshrined, but there is also a restriction as not to make such trade which is illegal or which is against the society at large. The Supreme Court clearly mentioned that, the liquor manufacturing can be challenged before the Court, but a complete right will not be given and the Government can regulate its facilities and can ban them at any time, so, it will not be treated as a Fundamental Right.

Following Article 47 of the Constitution of India, the State has the power to take care of the nutrition, improve public health and also help in standard of living of the people and will also prohibited the people to have intoxicants or any such toxic drinks. So, State has the complete right to regulate the alcohol sale and consumption.
The Kerala High Court in the year 2014, revised the Abkari Policy of the State Government, in the case of Xavier's Reseidency v/s The State of Kerala, where in the said case, the Court cancelled the licenses of the liquor stores which were held at local thekkas, and also in 2-3 star hotels, and gave reason that at such places are not conducive in nature, as it is a low budgeted place, and there will be no security in handling such place, then there will be chances of violence, or will affect the nearby society.

But the said court came in favour to grant licenses in the 5 star hotels, as in such place there will be responsible customers and there will be high level security and in such place it can be considered as conducive in nature. The Hon'ble Supreme Court upheld the said decision of the Kerala High Court.
In the year 2016, The Supreme Court refused to grant country wide ban on the liquors and held that it totally depends on the State Government, and they have the power to regulate it, and authorizes them to regulate for the liquors.

The Bihar Government took extreme step by complete ban on the sale of liquor which was scrapped by the Division Bench of the Patna High Court, where the Patna High Court held that, it infringes the right of the citizen in the form of Right to Privacy under Article 21, Article 14 and Article 19 of the Indian Constitution, but said decision was stayed by Hon'ble Supreme Court and now its still pending. So, currently the ban on liquors that was passed by the Bihar Government is active.
In the year 2020, the Delhi Government clearly stated and tells the High Court that, "Liquor is not a Fundamental Right, and it completely depends on the State Government to regulate its sale", and further held that "a citizen has no Fundamental Right to do trade or business in liquor or to consume liquor" by taking the support of Article 47 of the Constitution of India.
Currently, an Indian Citizen has no absolute right to trade or consume liquor in India. It is up to the Supreme Court, where the matter is still pending and is yet to be decided whether to declare country wide ban of liquor.
Next let's discuss, Are liquor or alcohol really healthy? My opinion would vary depending upon the toxicity. There are many teenagers who flaunt before the public and their friends as well to show how much they can drink, and it further includes toxic because of their low quality like Beers or Lager Beers, etc. And when it comes to benefits, it's nothing, just a temporary kick to your mind or body.

And what else happens? The rest are the demerits to your entire body, such as losing muscle protein synthesis, causes high blood pressure, heart diseases, liver diseases, breast cancer and much more. As per many statements given by regular drinkers, where they only state that it is good for psychological reasons.

And what happens for the physical body? Is it really necessary and is alcohol the only thing to cure your psychological situation, so that you could compromise the entire physical health? Over consumption of Alcohol causes death of the people. People living in poverty also used to drink alcohol because of its addiction, and causes serious disturbances in the society and in family. It reduces the nutrition level of the people. Further, drinking and driving causes road accident also.
The alcohol effects heavily on the testosterone levels which affects towards the muscle protein synthesis and Amino Acid Leucine Oxidation, in which they find it difficult to grow muscles and unable to achieve the fitness goal. According to the Indian Journal of Clinical Bio-Chemistry, it has provided details which are high in toxins and which are low.

Wine is considered to be high in toxins and it has high in FRUCTOSE too in which it directly enters into the livers which is harmful. And the list in relation to toxins in an ascending order is stated as: VODKA, GIN, WHISKEY, TEQUILA AND CHAMPAGNE, WINE (RED AND WHITE), AND LASTLY IT IS BEERS & LAGER BEERS. The alcohol in GIN is used for herbal medicinal purposes.

Many people use the excuse by suggesting "they are having hard time, and beer is the only way to remove stress". It's always in your head, and it is not the only way to remove stress. Meditation therapy is the best therapy to remove stress. The most worst of all is BEER AND LAGER BEER, as it is high in gluten. Among all the alcohol, as per various statistics and experts, they said VODKA is one of the less toxins based alcohol.

Many people will explain you Beer or Wine is very good for health as in various medicines it is being used, it is to be kindly noted, that in medicines, along with the alcohol various other medicinal substances were being used, not only the RAW ALCOHOL. And according to a global study which was published in the Lancet Journal, Washington, stated that, "many young people faces higher health risks from alcohol consumption than older adults.