Implement State-Wide Liquor Prohibition 'To Wipe Out Tears Of Women & Children': Madras High Court Makes An Ardent Appeal To Govt.

Underlining that the Court cannot lose sight of what is happening in the society due to drinking habits of the people, the Madras High Court (Madurai Bench) recently made an ardent appeal to the government to implement state-wide liquor prohibition to wipe out the tears of women and children. "Though it is a difficult task, still every endeavor has to be made to discourage the people to drink and appeal to the Government to stop selling liquor", observed the Bench of Justice N. Kirubakaran and Justice B. Pugalendhi. Importantly, the Court also remarked, "The sad fact is that Government loses more than Rs.2 in terms of health care expenses and loses productivity, for every rupee the government gets from alcohol, according to the study made by NIMHANS in Karnataka a few years ago". The matter before the Court The Bench was hearing a plea seeking direction to remove the TASMAC/State-liquor vending outlet situated opposite to Madurai Bench of Madras High Court and near "Model Government Girls Higher Secondary School", Othakadai in which more than two thousand girl students are studying. The Petitioner submitted before the Court that drunkards are consuming liquor sitting on both sides of the road leading to Thattankulam village and causing a nuisance in that area. Villagers especially women and children are afraid to cross that area, as drunkards create nuisance fighting and quarreling among themselves. In response to this, the Court observed, "The liquor shop business is from 12 noon to 10 O'clock in the night attracting liquor customers. School area has to be peaceful so that study of the students is not affected." Hence, the Court was of the view that the TASMAC shop has to be shifted far away from the present location and to comply with this direction, the Court gave the respondents, two months' time. Also, the Court noted that many cases are coming up before this Court regarding the location of TASMAC outlet on the ground that it is located near the residential area, place of worship, schools, etc., and many objections are pending with various authorities including the 3rd respondent/TASMAC. Thus, the Court directed that wherever objections are raised regarding the location of the TASMAC shop, the same shall be decided on or before 28th February 2021. Court's pertinent observations At the outset, the Court noted, "In spite of many orders passed by this Court, TASMAC shops are being established contrary to Rules. It seems Government is interested in generating revenue from liquor shops rather than safety and security of the people and peace." Noting that drinking is the root cause for many evils and Innumerous offences are committed daily due to alcohol consumption especially against women and children, the Court said, "Many families are shattered and the victims are women and children whose right to life guaranteed under Article 21 of the Constitution of India is violated due to liquor. Drunken driving is responsible for loss of the number of precious lives and injuries of many." Further, noting that 19 Indians die daily due to drunken driving in India and it proves that drunken driving is one of the deadliest causes of accidents, the Court made an ardent appeal to the State Government saying, "The Court appeals to the State Government to bring prohibition in the State in a phased manner to wipe out the tears of women and children thereby safeguarding their rights under Article 21 of the Constitution of India. It is not only the appeal of this Court but the collective voice of suffering of housewives, children and the entire society." The Court also opined that if the prohibition is brought in consonance with Article 41 of the Constitution of India, definitely, - Offences would steeply decrease; The income of Individual would certainly increase; Drunkards would become healthy; Domestic violence would go down considerably; Families income would increase so also happiness of the families; Drunken driving will not be there; Deaths due to drunken driving would be reduced; The society would be more peaceful; Dream of Father of the Nation would be realized etc., "Will the Government listen to this Court?", the Court asked the State Government while concluding.Case title - M. Thaha Mohamed v. The District Collector and others [W.P.(MD)No.19278 of 2020]Click Here To Download OrderRead Order

Implement State-Wide Liquor Prohibition 'To Wipe Out Tears Of Women & Children': Madras High Court Makes An Ardent Appeal To Govt.

Sparsh Upadhyay

“Government never minds flooding of State with liquor as long as revenue flows steadily from booze.”

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