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Alcohol laws of India
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    Alcohol laws of India

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    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, Nagaland, and Mizoram, as well as the union territory of Lakshadweep. There is 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.

    In spite of legal restrictions, alcohol consumption in India has risen over 55% over a period of 20 years (according to OECD figures) as the laws are generally not followed in a customer business relationship. The maximum permitted ABV is 45.5%.

    History

    The Prohibition on Alcohol was firstly in 1954 by Morarji Desai who was Chief Minister of Bombay Province. The Prohibition was imposed on the Koli people who were traditional distillers of alcohol or wine in Maharashtra mostly in Dharavi. Kolis of Bombay distilled the alcohol by Jamun, Guava, Orange, Apple and Chikoo. In 1954, Morarji Desai imposed the Prohibition on liquor but there was a strong protest by Koli community and there were rallies far and wide by Koli people. Kolis alleged the Desai that 'This is not a Daru-Bandi, This is Desh-Bandi' because Desai selling the foreign alcohol in state but prohibited our homemade liquor. before the prohibition on alcohol, Kolis of Dharavi manufactured the alcohol legally and when prohibition enacted, commercial alcohol production ceased and Kolis had a virtual monopoly in thus area.

    Law

    Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India. 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 but not online. 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. However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.

    Legal drinking age by states and union territories

    State/UT Drinking Age Remarks
    Andaman and Nicobar Islands 21
    Andhra Pradesh 21
    Arunachal Pradesh 21
    Assam 21
    Bihar Illegal Total ban on all alcohol since 4 April 2016
    Chandigarh 25
    Chhattisgarh 21
    Dadra and Nagar Haveli 21
    Daman and Diu 21
    Delhi 21
    Goa 18
    Gujarat Illegal Non-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.
    Haryana 25 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". Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.
    Himachal Pradesh 18
    Jammu and Kashmir 18
    Jharkhand 21
    Karnataka 18 Arrack has been banned in Karnataka since 1 July 2007. The Karanataka Excise Department, 1967, stipulate that drinking age is 21. However, the Karnataka Excise Act, 1965, states 18 as the minimum age to purchase alcohol. The law is ambiguous and in practise many bars serve those above age 18 though a few bars refuse service to anyone below 21.
    Kerala 23 Kerala government has planned to implement prohibition of hard liquor in 10 years.
    Ladakh 18
    Lakshadweep Illegal Consumption is legal only on the resort island of Bangaram.
    Madhya Pradesh 21
    Maharashtra 25 In Maharashtra, a liquor licence obtained from a Government Civil Hospital is required to drink, although this is largely not enforced. Additionally, state legislature empowers district governments to ban alcohol entirely. As a result, two districts, Wardha and Gadchiroli have imposed a total ban on the production and sale of alcohol.
    Manipur 21 Partial prohibition since 2002, prohibited in the districts of Bishnupur, Imphal East, Imphal West and Thoubal
    Meghalaya 21
    Mizoram Illegal Banned since 2019
    Nagaland Illegal Sale and consumption illegal since 1989.
    Odisha 21
    Punjab 25 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". Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.
    Rajasthan 18
    Sikkim 18
    Tamil Nadu 21
    Telangana 21
    Tripura 21
    Uttar Pradesh 21 Section 22
    Uttarakhand 21
    West Bengal 21

    Drunk driving law

    The blood alcohol content (BAC) legal limit is 0.03% or 30 mg alcohol in 100 ml blood.

    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.

    Dry days

    Dry days are specific days when the sale of alcohol is not allowed. Most of the Indian states observe these days on major national festivals/occasions such as Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October). Dry days are also observed during elections in India.

    Dry days by states and union territories

    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.

    Prohibited days are also announced when elections are held in the state. For Lok Sabha or Vidhan Sabha elections, Prohibited days are declared for 48 hours prior to the close of voting, plus during the counting day(s). For Municipality, Panchayat, Municipal Corporation, or Darjeeling Gorkha Hill Council elections, Prohibited days occur on the polling day, the previous day and the counting day(s).

    Andaman and Nicobar Islands

    Retail shops are closed on every month on the 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.

    Month Date Festival
    January 26 Republic Day
    August 15 Independence Day
    October 2 Gandhi Jayanti

    Delhi

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

    Month Date Festival
    January 26 Republic Day
    August 15 Independence Day
    October 2 Gandhi Jayanti

    Festival date may be in either month.

    Jammu and Kashmir

    Jammu
    Month Date Festival
    March 4 Maha Shivratri
    April Ram Navami
    August 15 Krishna Janmashtami
    August 15 Independence Day
    September Krishna Janmashtami
    October 2 Gandhi Jayanti
    November Guru Nanak Jayanti

    Festival date may be in either month.

    Kashmir
    Month Date Festival
    March 4 Maha Shivratri
    June 4–5 Eid-Ul-Fitr
    August 11 Eid al-Adha (Bakrid)
    August 15 Independence Day
    August Krishna Janmashtami
    September Krishna Janmashtami
    October 2 Gandhi Jayanti
    November 9–10 Eid-Ul-Milad

    Festival date may be in either month.

    Karnataka

    Month Date Festival
    October 2 Gandhi Jayanti
    January 26 Republic Day

    Kerala

    Sundays are no longer observed as Prohibited days in the state.

    1st Day of English Calendar Every month for administrative purposes and on the grounds that it is the salary day. Dry days are observed on the day of polling and the previous day during elections as well.

    Month Date Festival
    January 1 New Year Day
    January 26 Republic Day
    August Sree Narayana Guru Jayanti
    August 15 Independence Day
    September Sree Narayana Guru Samadhi
    September Sree Narayana Guru Samadhi
    October 2 Gandhi Jayanti

    Date may be in either month.

    Maharashtra

    The district collector can also designate any day as a Prohibited day by giving seven days' notice. his list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.

    Month Date Festival
    January 26 Republic Day
    January 30 Martyrs' Day
    May 1 Maharashtra Day
    June or July Ashadi Ekadashi
    August 15 Independence Day
    September Anant Chaturdashi
    October 2-9 Gandhi Week
    November Kartiki Ekadashi

    Festival date may be in June or July.

    Rajasthan

    Month Date Festival
    January 26 Republic Day
    January 30 Martyrs' Day
    February Maha Shivaratri
    March Mahavir Janma Kalyanak
    March 30 Rajasthan Formation Day
    April Mahavir Janma Kalyanak
    August 15 Independence Day
    October 2 Gandhi Jayanti
    October 30 Harijan Day

    Festival date may be in either month.

    Tamil Nadu

    Month Date Festival
    January 15 or 16 Thiruvalluvar Day
    January 26 Republic Day
    January (February) Vadalur Ramalinga Adikalar Jothi
    February Maha Shivaratri
    April Prophet Mohamad's Birthday (Nabigal Nayagam)
    April (March) Mahavir Janma Kalyanak
    May 1 May Day
    August 15 Independence Day
    October 2 Gandhi Jayanti
    December Eid al-Mawlid (Milad-un-Nabi)

    Leap year)(will vary based on Tamil calendar.

    West Bengal

    Month Date Festival
    January 15 Makar Sankranti
    January 26 Republic Day
    March 4 Maha Shivratri
    March 10 Holi
    April 14 Ram Navami
    April 17 Mahavir Janma Kalyanak
    May 01 Maharashtra Day
    June 2 Formation Day (Telangana)
    June 4–5 Eid-Ul-Fitr)
    August 11 Eid al-Adha (Bakrid)
    August 15 Independence Day
    August 15 Raksha Bhandan
    August 24 Janmashtami
    September 2 Ganesh Chaturthi
    September 28 Muharram
    October 2 Gandhi Jayanti
    October 8 Dussehra
    October 27 Diwali
    November 9–10 Eid-Ul-Milad
    December 25 Christmas

    See also


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