“How do you say it is hazardous? It poses problem only when taken in excess. Even medicines have side effects”
New Delhi : A day after the Patna High Court struck down prohibition imposed by the Nitish Kumar government in Bihar, the Supreme Court on Friday threw out a Public Interest Litigation (PIL) seeking a complete ban on consumption of liquor across the country in the interest of people’s health and quality of living.
“It is not for the court to say liquor should be banned or not. It is for the government to decide,” ruled the Bench of Justices AK Sikri and NV Ramana and dismissed as withdrawn the petition filed by advocate Ashwini Kumar Upadhyay.
When he insisted that it was the judiciary’s duty to protect people’s health by restraining them from consuming liquor which was hazardous, the Bench shot back: “How do you say it is hazardous? It poses problem only when taken in excess. Even medicines have side effects.”
The Court said it cannot entertain the PIL since Article 47 is part of Directive Principles of State Policy and its implementation is duty of the State. “The Court cannot direct the executive to prohibit the liquor and other intoxicating drinks and drugs,” it advised the lawyer.
Upadhyay said he conceded the Court’s view and withdrew the PIL and he now plans to submit a written representation on Saturday to the Health Ministry to frame a National Liquor Policy in spirit of the Article 21 and 47 of the Constitution.
He tried his best to persuade the Court to consider his view point but without success. He pleaded that that there are studies which he can show stressing that drinking is a health risk, irrespective of the quantity consumed.
The Bench, however, refused to buy his contention as it pointed out that various studies had thrown up conflicting findings, some had even suggesting that red wine is good for health and pointing out that it is not going to sit in judgment to identify the correct studies. “These are policy matters which are better left to the executive,” the Bench remarked while dismissing the plea.
The PIL had maintained that the judiciary was supposed to protect the living standard as mandated under Articles 21 (right to quality life) and Article 47 (liquor prohibition) of the Constitution.
In the petition, Upadhyay had extensively cited instances of ruined families and people getting cancer and various other life threatening ailments due to addiction to liquor. He had also filed clippings of various newspapers in support and prayed to enforce at least part prohibition.
The PIL wanted a directive to the state governments to create health awareness by declaring the first Sunday of every month as Health Day for educating people about the ill-effects of cigarettes, tobacco, liquor and other intoxicants. It also sought a chapter in the school curricula for educating children in the 6-14 age groups on the health and economic problems arising from substance abuse.
Upadhyay said he had sought to revoke the right to health as a fundamental right of every citizen that binds the state to ban food and drinking articles which are hazardous or injurious to health. He said he had offered to submit various studies that show that the liquor consumption results in many physical and mental disorders like blackouts, memory loss, anxiety and permanent brain damage.
Alcoholism results in many serious physical and mental diseases like kidney failure, impotence, infertility, weight gain, skin diseases and suicides. It is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils, the PIL said.
On the world deciding to celebrate the international yoga day, the PIL said Yoga is a natural treatment process but it would be irrelevant unless complete ban is imposed on liquor and other intoxicating drinks and drugs. “First principle of Yoga is to stay away from alcohol. We can’t have Yoga and liquor hand in hand. Prohibition will give a very strong message to the world that India is going to be a ‘Liquor and Drug Free Country’ very soon,” the petition added.
