Alcohol laws of India

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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, Nagaland, [2] and 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.

Contents

In spite of legal restrictions, alcohol consumption in India has risen over 55% 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]

History

The Prohibition on Alcohol was firstly in 1954 by Morarji Desai who was Chief Minister of Bombay Province. The Prohibition was imposed on the Koli people who were traditional distillers of alcohol or wine in Maharashtra mostly in Dharavi. Kolis of Bombay distilled the alcohol by Jamun, Guava, Orange, Apple and Chikoo. In 1954, Morarji Desai imposed the Prohibition on liquor but there was a strong protest by Koli community and there were rallies far and wide by Koli people. Kolis alleged the Desai that 'This is not a Daru-Bandi, This is Desh-Bandi' , due to the Desai administration's allowance on the selling the foreign alcohol in state and prohibitions on homemade liquor. [7] [8] before the prohibition on alcohol, Kolis of Dharavi manufactured the alcohol legally and when prohibition enacted, commercial alcohol production ceased and Kolis had a virtual monopoly in this area. [9]

Law

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India. [10] [11] [12] 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. [13] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.[ citation needed ]

State/UTDrinking AgeRemarks
Andaman and Nicobar Islands 21 [14]
Andhra Pradesh 21 [14]
Arunachal Pradesh 21 [14]
Assam 21 [14]
Bihar Illegal Total ban on all alcohol since 4 April 2016 [15]
Chandigarh 25 [16]
Chhattisgarh 21 [14]
Dadra and Nagar Haveli and Daman and Diu 21 [17]

[18]

Delhi 25 [19]
Goa 18 [20]
Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960. [21]
Haryana 21 [14] 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". [22] 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. [23]
Himachal Pradesh 18 [24]
Jammu and Kashmir 18 [25] [26]
Jharkhand 21 [14] [27] [28]
Karnataka 18* Arrack has been banned in Karnataka since 1 July 2007. [29] [30] 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. [31] [32]
Kerala 23 [33] Kerala government has planned to implement prohibition of hard liquor in 10 years. [34] [3] However the subsequent government has not confirmed proceeding with the prohibition and has reversed the restriction of hard liquor to only five star hotels.
Ladakh 18 [25] [26]
Lakshadweep Illegal [14] Consumption is legal only on the resort island of Bangaram. [35]
Madhya Pradesh 21 [36]
Maharashtra 25 [37] 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, two districts, Wardha and Gadchiroli have imposed a total ban on the production and sale of alcohol.
Manipur 21 [14] Partial prohibition since 2002, prohibited in the districts of Bishnupur, Imphal East, Imphal West and Thoubal [38]
Meghalaya 21 [39]
Mizoram Illegal [40] Banned since 2019 [41]
Nagaland Illegal [2] Sale and consumption illegal since 1989. [42]
Odisha
Puducherry 18 [14]
Punjab 25 [43] 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". [22] 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. [23]
Rajasthan 18 [44]
Sikkim 18 [45]
Tamil Nadu 21
Telangana 21 [14]
Tripura 21 [46]
Uttar Pradesh 21 [47] Section 22 [47]
Uttarakhand 21 [14]
West Bengal 21 [48]

Drunk driving law

The blood alcohol content (BAC) legal limit is 0.03% [49] or 30 mg alcohol in 100 ml blood. [50]

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. [51]

Dry days

Dry days are specific days when the sale of alcohol is not allowed. 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). [52] Dry days are also observed during elections in India. [53] [54]

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 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. [55] [56] 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). [57]

Andaman 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.

MonthDateFestival
January26 Republic Day
August15 Independence Day
October2 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). [58]

MonthDateFestival
January26 Republic Day
August15 Independence Day
October2 Gandhi Jayanti

Jammu and Kashmir

Jammu
MonthDateFestival
March4 Maha Shivratri
April Ram Navami †
August15 Independence Day
Krishna Janmashtami †
September
October2 Gandhi Jayanti
November Guru Nanak Jayanti

†Festival date may be in either month.

Kashmir
MonthDateFestival
March4 Maha Shivratri
June4–5 Eid-Ul-Fitr
August11 Eid al-Adha (Bakrid)
15 Independence Day
Krishna Janmashtami †
September
October2 Gandhi Jayanti
November9–10 Eid-Ul-Milad

†Festival date may be in either month.

Karnataka

MonthDateFestival
October2 Gandhi Jayanti

Kerala

Sundays are no longer observed as Prohibited days in the state. [59] [53]

1st Day of English Calendar Every month for administrative purposes and on the grounds that it is the salary day. Dry days are observed on the day of polling and the previous day during elections as well.

MonthDateFestival
January1New Year Day
26Republic Day
August15Independence Day
Sree Narayana Guru Jayanti†
September
Sree Narayana Guru Samadhi
October2 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. [60] his list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.

MonthDateFestival
January26 Republic Day
30 Martyrs' Day
May1Maharashtra Day
June Ashadi Ekadashi †
July
August15 Independence Day
September Anant Chaturdashi
October2-9 Gandhi Week
November Kartiki Ekadashi

†Festival date may be in either month.

Rajasthan

MonthDateFestival
January26 Republic Day
30 Martyrs' Day
February Maha Shivaratri
March30Rajasthan Formation Day
Mahavir Janma Kalyanak †
April
August15 Independence Day
October2 Gandhi Jayanti
30 Harijan Day

†Festival date may be in either month.

Tamil Nadu

MonthDateFestival
January15 Thiruvalluvar Day †
16
26 Republic Day
Vadalur Ramalinga Adikalar Jothi †
February
Maha Shivaratri
March Mahavir Janma Kalyanak †
April
Prophet Mohamad's Birthday (Nabigal Nayagam)
May1 May Day
August15 Independence Day
October2 Gandhi Jayanti
December Eid al-Mawlid (Milad-un-Nabi)

†Leap year (will vary based on Tamil calendar) †Festival date may be in either month.

West Bengal

MonthDateFestival
January26 Republic Day
March10 Holi
August15 Independence Day
September28 Muharram
October2 Gandhi Jayanti

See also

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