Legal Drinking Age in India

The legal drinking age varies because India is a federal state with powers vested in the states to a substantial extent. Many reasons support the argument as to why a legal drinking age in india needs to be established.

• First of all, it supports health and safety by protecting brain development, at a younger age, from the effects of early alcohol consumption. This reduces the risks associated with accidents and injuries due to early alcohol consumption. It promotes responsible drinking and helps avoid an early stage of alcohol abuse, with all the social problems that go along with it.
• Additionally, it helps law enforcement and economises on health burdens, thus regulating the alcohol market against illegal sales to minors. It also respects cultural norms, promotes educational efforts on the risks of alcohol, and aligns with traditional values in promoting a healthier lifestyle.

Historical context

• Early days: In ancient India, there was either prohibition or strict regulation of alcohol. In the Vedic period, roughly from 1500 to 500 BCE, consumption of alcohol was very much frowned upon. The Vedas do refer to a possibly intoxicating substance called "soma," but they also praise temperance. Buddhism and Jainism, both dating back to the 6th century BCE, advocated temperance in most instances, with total abstinence.
• Colonial era (1757-1947): The British colonial period brought many changes. The British commercialised the production of alcohol and instituted regulatory frameworks that included licensing and taxes.
• Post-Independence era (1947-Present): Article 47 of the Indian Constitution provides that the State should endeavour to keep down the consumption of intoxicants. While the State governments have varying laws; some states have prohibitions whereas others regulate the age of drinking as well as restricting it.
• Koli communities and their relationship with alcohol: The community of Kolis, traditionally involved in fishing, has a peculiar relationship with alcohol, particularly regarding homemade drinks like toddy. For many Kolis, the manufacture of alcohol is both an important livelihood and cultural pursuit. Modern regulations have interfered with the traditional habits of these groups, setting up the potential for conflict between new laws and cultural traditions. Nevertheless, alcohol consumption prevailed in the social and religious life of the Koli communities.

Alcohol consumption laws in India

Central government regulations

The central government of India gives guidelines and regulations that affect the consumption of alcohol within the country. Specific laws concerning alcohol fall under the purview of different state governments; however, the central government can have a strong say in setting out broader policies and guidelines on the matter:

• Taxation and excise policies: Excise duties and various taxes on the production and import of alcohol are levied by the central government. State revenues are derived substantially from these and, hence, the policies on pricing and availability vary from state to state.
• National policies: The central government has some national policies pertaining to alcohol. These include the policies on advertising, labeling, and health warnings on alcoholic beverages, which, basically, are directed at regulating the business of the industry with respect to public safety and health.

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State government regulations

State governments in India are empowered to enact and enforce laws relating to the consumption of alcohol within their respective states. Entry No. 51 of List II (State List) of the Seventh Schedule of the Indian Constitution empowers the State legislature to legislate in duties of excise on ‘alcoholic liquors for human consumption’. Therefore, the laws dealing with alcohol consumption vary from State to State. Following table contains the list of legislations dealing with a particular State:

The following table contains the list of legislation dealing with a particular Union Territory:

Legal drinking age and penalty for drinking by state-wise

As the authority to legislate concerning alcohol consumption rests with the State, the legal drinking ages vary accordingly. It varies from 18 years to 25 years. Following is a detailed explanation concerning the legal age for drinking and the punishment for consumption of liquor in public places:

States with a drinking age of 18 years:

States with a drinking age of 21 years:

States with a drinking age of 25 years

Kerala

Section 15A of the Abkari Act, 1 of 1077 provides the age of 23 years as the legal drinking age for the State of Kerala. Section 15C further prohibits the consumption of liquor in public places unless it is permitted under a licence granted by the Commissioner. Section 63 of the Act provides that the punishment for contravention of Section 15C will be payment of a fine which may extend to Rs. 5,000 or imprisonment for a term which may extend to 2 years, or with both.

Dry states and dry days

The dry states

There are certain States in India that have imposed complete prohibitions on the sale and consumption of alcohol. These States are as follows:

Bihar

The Bihar Prohibition and Excise Act, 2016 was enacted to prohibit and regulate liquor and intoxicants. Section 13 of the Act banned manufacturing, bottling, distribution, transportation, collection, restoration, possession, purchase, sale and consumption of any intoxicant and liquor. Section 30 of the Act provides for a penalty for an act committed in contravention of the provisions of the Act. It provides for imprisonment for a term not less than ten years, which may extend to imprisonment for life, and with a fine that shall not be less than one lakh rupees but which may extend to ten lakh rupees.

Gujarat

The Gujarat Prohibition Act, of 1949 provides a ban on the manufacturing, import export, transport, possession, sell, buy and consumption of liquor. The Act prescribes penalties for an act committed in contravention with the provisions of the Act. The punishment includes payment of a fine or a term of imprisonment, or both. However, the Gujarat government has lifted the ban in some places of the State to boost global business in the State.

Manipur

Section 3 of the Manipur Liquor Prohibition Act, 1991 puts a strict ban on transportation, import, possession, sell, manufacture, etc. of liquor. Section 4 of the Act provides an exception to Section 3. It provides that this rule will not be applicable for the cases of medicinal, scientific, and industrial purposes. The Act provides for penalties (imprisonment or fine, or both) in cases of contravention of the provisions of the Act.

Nagaland

Section 3 of the Nagaland Liquor Total Prohibition Act, 1989 puts a total prohibition of liquor and declared Nagaland as a dry State. Section 4 provides the use of alcohol for medicinal, scientific, and industrial purposes is permissible. The Act provides for penalties (imprisonment or fine, or both) in cases of contravention of the provisions of the Act.

Lakshadweep

For the Union Territory of Lakshadweep, consumption of liquor is not permissible, except on the resort island of Bangaram. The UT administration has proposed a draft bill for permitting the manufacture, sale and consumption of liquor on the islands.

Dry days in India

There are certain days on which the sale of alcohol is commonly prohibited. Following are some of the dry days observed across the country:

• Republic Day: 26th January
• Independence Day: 15th August
• Gandhi Jayanti: 02nd October

Legal implication and penalties for consumption of alcohol in India

There are certain legislations in some States that do not provide the punishment for consumption of alcohol in public places. In the absence of any specific provisions, Section 510 of the Indian Penal Code, 1860 will be applicable. Section 510 provides for misconduct in public by a drunken person. It prescribes that when a drunken person conducts himself in a manner to annoy any person, he shall be liable to be punished with simple imprisonment for a term which may extend to 24 hours, or with a fine which may extend to Rs. 10, or with both. It is a non-cognizable and bailable offence.

Penalties for a minor for consumption of alcohol:

There is no specific provision that provides for penalties imposed on minors who are not eligible to consume alcohol as per the laws of the State. However, laws dealing with particular States provide for the penalties to be imposed on a person who sells alcohol to a minor.

At the Union level, Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides for punishment to be imposed on a person who provides intoxicating liquor to a minor. It provides that whoever gives or causes to be given any child any intoxicating liquor, except on the order of a duly qualified medical practitioner, shall be liable to be punished with rigorous imprisonment for a term which may extend to 7 years and shall also be liable to a fine which may extend upto Rs. one lakh.

Societal perspectives:

• Public opinion: Views on alcohol consumption in India vary quite significantly. Prohibitionist states, like Gujarat and Bihar, favour bans, while cities like Goa are fairly open to it. In a city culture, as influenced by globalisation, the stand is more liberal, whereas in rural areas, ideas are mostly conservative and founded upon traditions.
• Health and safety concerns: Awareness of the health risks of alcohol, such as liver disease and addiction, is on the rise. Public health campaigns reflect these concerns, along with road safety related to driving while intoxicated. Other social problems, such as domestic abuse and economic issues stemming from alcohol abuse, also spill over into popular sentiment and support for regulations.
• Social and educational implications: Policies that exist concerning alcohol near institutions of learning are to protect the students and also to provide a conducive environment for learning. Workplace policies mostly restrict the use of alcohol to assure safety and efficiency among the workers. Cultural practices and traditions are some of the sources resulting in a variation of opinions concerning alcohol intake, especially about ritualistic drinking during festivals.

Cultural, religious, and regional factors have an influence on public opinion about alcohol in India. While urbanisation and globalisation make the situation change very slowly, huge diversity characterises attitudes and practices. Health, safety, and social implications continue to have an impact on regulatory policies and public discourses.

Conclusion

The legal drinking age works as a measure to protect the health and well-being of its youth. It also contributes to the healthy social, economic, and cultural fabric by way of responsible drinking, reducing the possibility of alcohol problems, and respecting cultural norms. These laws have to be complied with for the public's health and safety. Alcohol consumption in India is regulated through a balancing act between public health, cultural values, and economic factors. Understanding the different regulations and their implications is necessary to find one's way around such a complex situation.

FAQ

Q1. Is public drinking legal in India?

Public drinking is generally illegal in India. Consuming alcohol in public places can lead to fines or legal action, as each state has its regulations regarding alcohol consumption.

Q2. Is it legal to carry alcohol in India?

Carrying alcohol is legal in India, but the amount allowed varies by state. It is crucial to comply with local laws, as carrying alcohol across state borders might require a permit.

Q3. What is the legal age for drinking in India for girl?

The legal drinking age for both girls and boys in India varies by state. It can be as low as 18 or as high as 25, depending on the specific state laws.

Q4. Can you go to jail for drinking under 21 in India?

Drinking under the legal age can result in penalties, including fines or jail time, depending on the state. Enforcement of these laws varies by region.

Q5. Is the legal drinking age 21 or 25?

The legal drinking age in India varies by state. In some states, it is 21, while in others, it is 25. Always check local laws before consuming alcohol.

Q6. what is legal drinking age in delhi

The legal drinking age in Delhi is 25 years. Consuming alcohol before reaching this age is illegal and can lead to legal consequences.