Is prohibition of liquor unconstitutional in india

Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage, transportation, sale, possession, and consumption of alcoholic beverages. The word is also used to refer to a period of time during which such bans are enforced.

The Eighteenth Amendment of the United States Constitution established the prohibition of "intoxicating liquors" in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919. The Eighteenth Amendment was repealed by the Twenty-first Amendment on December 5, 1933.

The temperance movement is a social movement against the consumption of alcoholic beverages. Participants in the movement typically criticize alcohol intoxication or promote complete abstinence from alcohol (teetotalism), and its leaders emphasize alcohol's negative effects on people's health, personalities and family lives. Typically the movement promotes alcohol education and it also demands the passage of new laws against the sale of alcohol, either regulations on the availability of alcohol, or the complete prohibition of it. During the 19th and early 20th centuries, the temperance movement became prominent in many countries, particularly in English-speaking and Scandinavian ones, and it eventually led to national prohibitions in Canada, in Norway and in the United States.

The Ontario Temperance Act was a law passed in 1916 that led to the prohibition of alcohol in Ontario, Canada. When the Act was first enacted, the sale of alcohol was prohibited, but liquor could still be manufactured in the province or imported. Strong support for prohibition came from religious elements of society such as the Ontario Woman's Christian Temperance Union, seeking to eliminate what they considered the societal ills and vices associated with liquor consumption, including violent behaviour and familial abuse. Historically, prohibition advocates in Ontario drew inspiration from the temperance movements in Britain and the United States.

Nitish Kumar is an Indian politician. He is the present Chief Minister of Bihar, a state in India, since 2017 and has served in that role on five previous occasions. He has also served as a minister in the Union Government of India.

The prohibition of alcohol in Canada arose in various stages, from local municipal bans in the late 19th century, to provincial bans in the early 20th century, and national prohibition from 1918 to 1920. The relatively large and powerful beer and alcohol manufacturing sector, and the huge working class that purchased their products, failed to convince any of the governments to reverse their stance on prohibition. Most provinces repealed their bans in the 1920s, though alcohol was illegal in Prince Edward Island from 1901 to 1948. By comparison the temperance act in Ontario ran from 1916 to 1927.

The following outline is provided as an overview of, and topical guide to, India:

Prohibition in the United States was a nationwide constitutional ban on the production, importation, transportation, and sale of alcoholic beverages from 1920 to 1933.

The Gujarat alcohol poisonings occurred in July 2009 in Gujarat, resulting in the death of 136 people from consumption of bootleg liquor.

Alcohol laws are laws in relation to the manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages that contains ethanol. Common alcoholic beverages include beer, wine, and distilled spirits. The United States defines an alcoholic beverage as, "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume", but this definition varies internationally. These laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely, as with Prohibition in the United States from 1920 to 1933.

The Tamil Nadu State Marketing Corporation (TASMAC) is a company owned by the Government of Tamil Nadu, which has a monopoly over wholesale and retail vending of alcoholic beverages in the Indian state of Tamil Nadu. It controls the Indian Made Foreign Liquor (IMFL) trade in the state.

Kerala State Beverages Corporation Ltd (BEVCO) is a public sector company fully owned by the Government of Kerala, which has a monopoly over wholesale and retail vending of alcohol in Kerala. It controls the retail sale of Indian Made Foreign Liquor (IMFL) and beer trade in the state.

The legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary significantly from state to state. In India, consumption of alcohol is prohibited in the states of Bihar, Gujarat and Nagaland as well as the union territory of Lakshadweep. There is a partial ban on alcohol in some districts of Manipur. 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.

Alcohol Prohibition in tamilnadu is governed by State Prohibition and Excise department as per Tamil Nadu Prohibition Act, 1937. TASMAC, state government owned company controls the wholesale and retail vending of alcoholic beverages in the State. On 24 May 2016, after swearing-in J. Jayalalitha has announced to close 500 liquor shops and reduce the business hours of State-run liquor shops across the State. On 20 February 2017, the first office order signed by the Chief Minister Edappadi K. Palaniswami was the closure of 500 liquor outlets owned by the public sector TASMAC. This is in addition to the 500 liquor outlets closed down by late Chief Minister J Jayalalithaa in May 2016.

An alcohol-free zone is a geographic area, location or establishment where the public consumption and sale of alcoholic beverages is prohibited. Alcohol-free zones have been established in some areas to address problems with drinking- and binge drinking-related crime, antisocial behavior, assaults and disorderly behavior. Alcohol-free zones have been opposed in some communities, such as in Bath, England, which has "a tradition of open-air bars and restaurants."

Bihar Excise (Amendment) Act, 2016 is an Act of Bihar Legislative Assembly which prohibits manufacturing, bottling, distribution, transportation, accumulation, possession, purchase, sale or consumption of any type of liquor, intoxicating substance including bhang and medicines with alcoholic substance. The Act prescribes stringent punishment including capital punishment to those manufacturing or trading illicit liquor.

The Bihar alcohol poisonings killed 16 people on 16 August 2016 in Gopalganj town of Bihar, India. The victims had consumed hooch and complained of nausea and stomach ache.

The temperance movement in India aims at curbing the use of alcohol in that country. In some places, the temperance movement has led to alcohol prohibition in India, with many temperance organisations continuing their work today.

References

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  2. "Archived copy"(PDF). Archived from the original(PDF) on 30 November 2016. Retrieved 28 December 2016.CS1 maint: archived copy as title (link)
  3. "A brief history of prohibition in India". Retrieved 13 April 2018.
  4. Thekaekara, Mari Marcel (13 November 2017). "Indian women are pleading for prohibition". New Internationalist.
  5. 1 2 Luca, Dara Lee; Owens, Emily; Sharma, Gunjan (May 2015). "Can Alcohol Prohibition Reduce Violence Against Women?". American Economic Review. 105 (5): 625–629. doi:10.1257/aer.p20151120.
  6. Bedi, Rahul (24 June 2015). "India Letter: Curtain falls on women's temperance movement". The Irish Times. Retrieved 3 July 2018.
  7. Economic Development and the Quality of Life in South Asia, Issue 5. 2000.
  8. 1 2 Blocker, Jack S.; Fahey, David M.; Tyrrell, Ian R. (2003). Alcohol and Temperance in Modern History: An International Encyclopedia. ABC-CLIO. p. 310. ISBN .
  9. 1 2 3 4 Anand, Geeta (15 April 2017). "Alcohol Ban Succeeds as Women Warn, 'Behave, or We'll Get Tough'". The New York Times. Retrieved 2 July 2018.
  10. "Drug addiction up in Bihar after liquor ban". Hindustan Times. 26 June 2019. Retrieved 14 January 2020.
  11. PatnaJune 1, Amit Kumar Chaudhary Sujeet Jha Himanshu Mishra Raxaul | Sitamarhi | Muzaffarpur |; June 2, 2017UPDATED:; Ist, 2017 15:55. "Udta Bihar: Huge spike in substance abuse, alcohol bootlegging year after ban". India Today. Retrieved 14 January 2020.