Justice A. Badharudeen remarked:

“it is high time for the legislatures to consider appropriate amendments in the statutes which deal with the 'juveniles and child in conflict' with law to reduce age to 16 years, taking note of the present trend showing sufficient maturity by children when they reach the age of 16. This aspect also to be appropriately addressed.”

The Court was considering a writ petition seeking accountability on the part of excise officials and licenced bar establishments in ensuring that no persons below the age of 23 years is served alcohol as mandated under Sections 15A and 15B of the Kerala Abkari Act. The plea has pointed to the recent fatal accident in Nedumbassery involving a Mini Cooper car, which was allegedly driven by a 19-year-old under the influence of alcohol.

The Court opined that the matter required a detailed hearing since even persons below the age of 18 years have caused fatal motor accidents:

“Addressing the recent incidents showing that persons below 18 years of age caused fatal accidents, and motor vehicle mishap after consuming alcohol, taking advantage of the easy supply and availability of liquor to them without any restriction, ignoring the statutory restrictions, this Writ Petition would require detailed hearing.”

The Court has directed the Excise Commissioner to file a statement disclosing the direction issued to implement the statutory mandates under the Abkari Act with respect to non-serving of alcohol to persons below the age of 23 years.

The case is posted to November 24 for further consideration.

The plea is preferred by Vinod Vikraman Pillai, a journalist running an online news portal, pointing out that despite statutory prohibition, commercial bar establishments in Kerala are serving alcohol to persons below the age of 23 years without verifying their age. He has stated that investigation into the accident in Nedumbassery has revealed that the accused persons, aged 19 years, were served alcohol across multiple bar establishment in Ernakulam prior to the crash. The Excise Department has also registered cases against three bars under the Abkari Act as well, it is stated.

“the excise officials, being public servants, have entered into an ongoing, corrupt criminal nexus with the managements and licensees of specific commercial bar hotels within their enforcement jurisdiction in Ernakulam district; otherwise, it is not possible for the underage persons to be served with liquor by the bars in the district…The total collapse of preventive excise enforcement directly imperils the fundamental right to life and personal safety guaranteed to the petitioner's family and to the general public under Article 21 of the Constitution of India,” states the plea.

It is further stated that the petitioner submitted representations before the Excise Minister, Excise Commissioner and the VACB (Vigilance and Anti-Corruption Bureau) Director requesting independent vigilance investigation into the excise officials; issuance of binding directives to bar hotels to install electronic ID age-verification systems before serving alcohol; immediate licence suspension/cancellation and criminal prosecution against bar hotels serving persons below 23 years; and for a dedicated 24x7 public whistleblowing hotline under the Excise Intelligence Branch.

Since these representations were not considered, the petitioner has approached the High Court praying for directions to get these reliefs.

Counsel for the petitioner: U. Jayakrishnan