Alcohol laws of India

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 and Nagaland [2] as well as the union territory of Lakshadweep. There is a 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.

In spite of legal restrictions, alcohol consumption in India has risen over 55% over a period of 20 years (according to OECD figures).[4][5]

Law

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[6][7][8] 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. 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.

Home delivery of alcoholic beverages is illegal in Delhi.[9] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.

The following list is incomplete. Please help complete the list by providing references

State/UTDrinking AgeRemarks
Andaman and Nicobar Islands21[10]
Andhra Pradesh21[10]
Arunachal Pradesh21[10]
Assam21[10]
BiharIllegalTotal ban on all alcohol since April 4, 2016[11]
Chandigarh25[12]
Chhattisgarh21[10]
Dadra and Nagar Haveli25
Daman and Diu25
Delhi25[13][14]
Goa18[10]
GujaratIllegalNon-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[15]
Haryana25[10]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".[16] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on December 12, 2007, which was responsible for not allowing women to work in such premises.[17]
Himachal Pradesh18[18]
Jammu and Kashmir18[19][20]
Jharkhand21[10]Only licensed bars and state government licensed shops can sell alcohol.
Karnataka21Arrack has been banned in Karnataka since 1 July 2007.[21][22]
Kerala23[23]Kerala government has planned to implement prohibition of hard liquor in 10 years.[24][3]
LakshadweepIllegal[10]Consumption is legal only on the island of Bangaram.[25]
Madhya Pradesh21[26]
Maharashtra21 (wine)
21 (beer)

25 others

In Maharashtra for drinking, a person should carry a liquor license obtained from Govt.Civil Hospital. Some districts have made a total ban on alcohol.
ManipurIllegal[10]Partial prohibition since 2002[27]
Meghalaya21[28]
Mizoram21Seventeen year prohibition lifted in 2014.[29]
NagalandIllegal[2]Sale and consumption illegal since 1989.[30]
Odisha21[31]
Puducherry18[10]
Punjab25[32]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".[16] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on December 12, 2007, which was responsible for not allowing women to work in such premises.[17]
Rajasthan17[33]
Sikkim18[34]
Tamil Nadu21[10]
Telangana21
Tripura21
Uttar Pradesh21[35]Section 22 [35]
Uttarakhand21[10]
West Bengal21

Drunk Driving Law

The blood alcohol content (BAC) legal limit is 0.03%[36] or 30 µl alcohol in 100 ml blood.[37]

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.[38]

Dry Days

Dry Days are specific days when the sale of alcohol is not permitted. Most of the Indian states observe these days on major national festivals/occasions such as Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2).[39] Dry days are also observed on and around voting days.[40][41]

Dry Days by States/UTs

Andhra Pradesh and Telangana

MonthDate
January26 (Republic Day)
August15 (Independence Day)
October2 (Gandhi Jayanti)

Prohibited days are also announced when elections are held in the state.[42]

Delhi

Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays — January 26, October 2 and August 15, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).[43]

MonthDate/Festival
January26 (Republic Day)
February12 (Maharishi Dayanand Jayanti), 16 (Guru Ravidas Jayanti, 24])
MarchHoli, Mahavir Jayanti†
AprilGood Friday, Mahavir Jayanti†
May29 Buddha Purnima†
JuneBuddha Purnima†
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti), Dussehra, Maharishi Valmiki Jayanti, Diwali†
NovemberDiwali†, Guru Nanak Jayanti, Guru Tegh Bahadur Martydom Day

†Festival date may be in either month.

In addition to the above the following days are also prohibited days:

Jammu and Kashmir

Jammu
MonthDate/Festival
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti)
NovemberGuru Nanak Jayanti

†Festival date may be in either month.

In addition to the above the following days are also prohibited days:

  • Ram Navmi
  • Maha Shivratri
  • Prohibited days are also announced when elections are held in the state.
  • Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government
Kashmir
MonthDate/Festival
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti)

†Festival date may be in either month.

In addition to the above the following days are also Prohibited days:

  • Maha Shivratri
  • Eid ul-Fitr
  • Eid ul-Zuha
  • Eid-e-Milaad
  • Prohibited days are also announced when elections are held in the state.
  • Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government.[20]

Kerala

MonthDate
January1 26 30 (Martyrs' Day)
February1
March1
April1
May1
June1, 26
July1
August1,15 Sree Narayana Guru Jayanti†
September1, Sree Narayana Guru Jayanti†, Sree Narayana Guru Samadhi
October1, 2 (Gandhi Jayanti)
November1
December1

†Date may be in either month.

During elections, are observed the day of the vote, the day before the vote, and during vote counting.

Sundays are no longer observed as Prohibited days in the state.[45][46]

Karnataka

Gandhi Jayanti (October 2),[47] and also prohibited days are announced when elections are held in the state.

Maharashtra

This list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.

MonthDate/Festival
January26 (Republic Day), 30 (Martyrs' Day)
May1 (Maharashtra Day)
JuneAshadi Ekadashi†
JulyAshadi Ekadashi†
August15 (Independence Day)
SeptemberAnant Chaturdashi
October2 (Gandhi Jayanti), 8 (Siddhesh Kulkarni Birth Day)
NovemberKartiki Ekadashi

†Festival date may be in June or July.

Prohibited days are designated on election days, plus the two days before and after the vote, and the day(s) of the count, plus one day before and one day after the counting days.

The district collector can also designate any day as a Prohibited day by giving seven days notice.[48]

Rajasthan

MonthDate/Festival
January26 (Republic Day), 30 (Martyrs' Day)
MarchMahavir Jayanti†
AprilMahavir Jayanti†
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti)

†Festival date may be in either month.

In addition to the above the following days are also Prohibited days:

Tamil Nadu

MonthDateFestival
January15 (16 Leap year)Thiruvalluvar Day
January26Republic Day
January (February)Vadalur Ramalinga Adikalar Jothi
FebruaryMaha Shivaratri
AprilProphet Birthday (Nabigal Nayagam)
April (March)Mahavir Jayanti
May1May Day
August15Independence Day
October2Gandhi Jayanti
DecemberEid al-Mawlid (Milad-un-Nabi)
  • Prohibited days are also announced when elections are held in the state.[49]

West Bengal

MonthDate/Festival
January26 (Republic Day)
August15 (Independence Day)
October2 (Gandhi Jayanti)

In addition to the above the following days are also Prohibited days:

  • On the day of Muharram
  • Dol Jatra only till 14 hours of the day

However 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 the said "dry days". Only the open sale of liquor at restaurants, liquor shops and other permitted places is disallowed on those days.

Andaman and Nicobar Islands

MonthDate
January26 (Republic Day)
August15 (Independence Day)
October2 (Gandhi Jayanti)

Retail shops are closed on every month 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.

Prohibited days are also announced when elections are held in the state.

See also

References

  1. ↑ "Minimum Age Limits Worldwide". Icap.org. Archived from the original on 2015-05-05. Retrieved 2015-05-18.
  2. 1 2 "Alcohol prohibition to remain in Nagaland". Ucanews.com. Archived from the original on 2013-09-28. Retrieved 2015-05-18.
  3. 1 2 "India's Kerala High Court upholds alcohol ban". BBC. Retrieved 2015-08-08.
  4. ↑ "Indians drinking alcohol up 55% in 20 years - The Times of India". Timesofindia.indiatimes.com. Retrieved 2015-05-18.
  5. ↑ "India toxic alcohol kills 29 in Uttar Pradesh - BBC News". Bbc.com. Retrieved 2015-05-18.
  6. ↑ "246. Subject-matter of laws made by Parliament and by the Legislatures of States". Constitutionofindia.etal.in. 2013-10-10. Retrieved 2015-05-18.
  7. ↑ "States Subject List". Vakilbabu.com. Retrieved 2015-05-18.
  8. ↑ "Schedule". Constitution.org. Retrieved 2015-05-18.
  9. ↑ "3 held for home delivery of liquor – The Times of India". The Times Of India. 22 August 2002.
  10. 1 2 3 4 5 6 7 8 9 10 11 12 13 "Liquor Laws". All About Daru. Retrieved 30 April 2016.
  11. ↑ "Bihar's decision to go 'dry' and politics of liquor ban in India". IBNLive. Retrieved 2015-11-28.
  12. ↑ "Legal Drinking Age | Minimum Age For Drinking In India". Drunkdriving.co.in. Retrieved 2014-08-24.
  13. ↑ Pandey, Anubhav (2017-05-01). "All you need to know about Alcohol Laws In India - iPleaders". iPleaders. Retrieved 2018-01-21.
  14. ↑ Team, Expertily. "Why is the legal drinking age 25 years in India?". Expertily. Retrieved 2018-01-21.
  15. ↑ "Narendra Modi justifies gutkha ban in Gujarat". The Economic Times. Retrieved 30 September 2014.
  16. 1 2 The Punjab Excise Act, 1914, Government of Haryana, retrieved November 1, 2012
  17. 1 2 "Anuj Garg & Ors vs Hotel Association Of India & Ors on 6 December, 2007". indiankanoon.org. Retrieved 2018-06-14.
  18. ↑ "Himachal bans selling liquor to minors | Himvani News | Page 19813". Himvani.com. Retrieved 2015-05-18.
  19. ↑ "The Jammu and Kashmir Excise Act, 1958 (1901 A.D)" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18.
  20. 1 2 "The Jammu and Kashmir Liquor License & Sale Rules, 1984" (PDF). Jkexcise.nic.in. Retrieved 2015-05-18.
  21. ↑ "Arrack ban in Karnataka from tomorrow". The Times Of India. 30 June 2007.
  22. ↑ "Siddu wants cheap, safe liquor for poor". Deccanherald.com. 2013-05-14. Retrieved 2015-05-18.
  23. ↑ "Legal drinking age raised to 23 in Kerala". The Hindu. 7 December 2017.
  24. ↑ "Kerala High Court upholds govt liquor policy, confines bar licence to five-star hotels". Indian Express. Retrieved 2015-08-08.
  25. ↑ "Lakshadweep Official Website". Lakshadweep.nic.in. Retrieved 2015-05-18.
  26. ↑ "The Madhya Pradesh Excise Act" (PDF). Retrieved 2016-12-20.
  27. ↑ "Dried Up Prohibition : Need for lifting Prohibition arises due to state's inability to enforce 'Dry State Status'". 30 August 2014. Retrieved 30 April 2016.
  28. ↑ "Drink at 18 in Lucknow, 25 in Mumbai, 16 in Rome". IBN Live. 2 June 2011.
  29. ↑ "Mizoram to lift total prohibition". Thehindu.com. 2014-09-02. Retrieved 2015-05-18.
  30. ↑ "No Drink For You? India's Dry States". Full Stop India.
  31. ↑ "Cheers! Orissa raises a toast to 21". The Times of India. 18 June 2011.
  32. ↑ "Underage drinking: Punjab to take action against vendors". Indianexpress.com. 2010-05-03. Retrieved 2015-05-18.
  33. ↑ Rajasthan Excise Act 1950, Section 22
  34. ↑ "Maharashtra's legal drinking age is highest in world". The Times of India. 24 June 2011.
  35. 1 2 "Legal Drinking Age in India". MrLiquor. Retrieved 9 March 2017.
  36. ↑ "Alcohol Law In India by chockyfoodie". iFood.tv. Archived from the original on 2014-02-22. Retrieved 2015-05-18.
  37. ↑ "This New Year, pubs to face police action if patrons drink-drive". Archived from the original on April 12, 2013. Retrieved December 28, 2011.
  38. ↑ "Think 5 times before you drink and drive". 2 March 2012. Retrieved 14 September 2014.
  39. ↑ "Three cheers to dry days!". Hindustantimes.com. 2011-08-15. Retrieved 2015-05-18.
  40. ↑ "official web site of Kerala State Beverages Corporation Limited". Ksbc.kerala.gov.in. Archived from the original on 2011-08-07. Retrieved 2014-08-24.
  41. ↑ "Andaman & Nicobar Administration, Excise Department : Excise Policy" (PDF). And.nic.in. Archived from the original (PDF) on 2012-03-22. Retrieved 2015-05-18.
  42. ↑ https://web.archive.org/web/20120201040753/http://emulate.aponline.gov.in/apbcl/index.html. Archived from the original on February 1, 2012. Retrieved March 5, 2012. Missing or empty |title= (help)
  43. ↑ "Excise, Entertainment & Luxury Tax Department". Government of NCT of Delhi. Retrieved 30 September 2014.
  44. ↑ "Government of Delhi: Government Departments : Excise : Excise Department : Delhi Liquor Licence Rules, 1976". Excise.delhigovt.nic.in. Retrieved 2015-05-18.
  45. ↑ "Sundays no more dry days in Kerala". Thehindu.com. 2014-12-19. Retrieved 2015-05-18.
  46. ↑ https://web.archive.org/web/20110807233919/http://ksbc.kerala.gov.in/know.htm. Archived from the original on August 7, 2011. Retrieved August 30, 2011. Missing or empty |title= (help)
  47. ↑ "Why must Delhi have Prohibited days? – The Times of India". The Times Of India.
  48. ↑ "List of Dry Days". Web.archive.org. 2010-04-06. Archived from the original on 2010-04-06. Retrieved 2015-05-18.
  49. ↑ "Tamil Nadu / Chennai / TASMAC Dry Days 2013 (Liquor shops closed)". KosuKadi.com. Retrieved 2015-05-18.
  50. ↑ "Closure of retail excise licensed premises in West Bengal on special occasions". Web.archive.org. Archived from the original on 2009-09-11. Retrieved 2015-05-18.
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