Introduce licensing regime for buying alcohol from TASMAC outlets; sell liquor only to those consumers with license: Madras High Court to TN Govt

The Madras High Court recently directed the Tamil Nadu (TN) government to bring about a licensing regime for sale of Indian Made Foreign Liquor (IMFL) and to sell IMFL only to those consumers, who possess a valid alcohol license [B Ramkumar Adityan v The Additional Chief Secretary]..In a judgement passed on January 4, a bench of Justices R Mahadevan and J Sathya Narayana Prasad asked Tamil Nadu government to issue directions in this regard to all Tamil Nadu State Marketing Corporation (TASMAC) outlets selling IMFL."The State Government shall give necessary instructions to the retail outlet shops through TASMAC that only the consumer, who has an alcohol license, can be permitted to buy Indian Made Foreign Liquor," the bench said.The direction was passed in light of the fact that though the Tamil Nadu Liquor Vending (in shops and Bars) Rules, 2003 do not permit those below 21 years of age to purchase or consume alcohol, instances of underage drinking and alcohol abuse were rampant. The Court also said that the Tamil Nadu government must consider reducing the business hours of TASMAC outlets from the current 10 hours to six hours, between 2 pm and 8 pm.It went on to say that alcohol addiction, underage drinking etc., had a considerable effect on the state's "socio-economic milieu," and, therefore, it is imperative that the State effectively regulates the sale and consumption of alcohol. "In today’s day and age, the younger population of the country are frequent users of alcohol. No longer do they wait for their legal age to drink. This is extremely harmful to them, to society.and to the country in the long run. Therefore, it becomes important to recognize the signs of alcohol abuse and addiction and to seek help immediately," the Court said..The Court was hearing two petitions seeking that the business hours of all TASMAC outlets, bars, pubs, and restaurants serving alcohol be reduced, that statutory health warnings be printed on liquor bottles, and that the Union government direct the TN authorities to impose a licensing system to regulate the sale, purchase, and consumption of IMFL. The petitioners submitted statistics and photographs to show that despite a prohibition to sell alcohol to those below 21 years of age, licensed TASMAC outlets were selling alcohol to underage drinkers. The State government however, told the court that the working hours of liquor shops in Tamil Nadu was "much less when compared to other neighboring states, except Andhra Pradesh that functions for nine hours."The State submitted that earlier TASMAC outlets were operational for 16 hours but in 2016, it had curtailed its working hours bringing it down to 10 hours, between 12 noon and 10 pm. However, any further reduction of its business hours will result in increased rush at liquor shops and it will make monitoring the profile of purchasers difficult, the State government said..It further submitted that no liquor stores, bars, pubs, or restaurants were allowed to sell or serve alcohol to those below 21 years of age and any breach of such rule results in suspension of the outlet's license and penal action.The High Court, however, said that while it was not disputing the state's submissions, stricter enforcement of its laws was required. "It is indispensable for the authorities to take strong steps to educate and enforce rules to reduce the consumption of alcohol. It must launch awareness programs to highlight the evils of alcohol at a personal and societal level and must impose strict laws and regulations on the consumption and distribution of alcohol and to curtail the accessibility of alcohol, especially to the younger generation," the Court underscored.It suggested that the Union government consider directing the Tamil Nadu government to "impose a licensing regime for the sale, purchase and usage of Indian Made Foreign Liquor." It also said that the state must consider further reducing the business hours of TASMAC outlets and places serving alcohol, in the interest of "public health and welfare."Advocate Karthick Subramanian appeared for the petitioner. Additional Advocate General R Baskaran, advocate P Thilak Kumar, Government Pleader T Senthil Kumar, Additional Public Prosecutor H Arumugam, and Central government Senior Panel Counsel P Subbiah appeared for the respondent state and union government authorities. .[Read Judgment]