High Court asks Tamil Nadu to revisit prohibition policy

The Madras High Court today asked the state government to follow the Supreme Court order to close down liquor shops within 500 meter of the state and national highways "in letter and spirit."

A vacation bench of justices K Kalyanasundaram and SM Subramaniam gave this observing that multiplying liquor shops in the state will cause not only general damage to the public health but also trigger 'disorderliness' in poor families.

The bench gave the direction while disposing of a bunch of petitions, including one of the state government which sought to modify a single judge interim order restraining it from relocating or opening liquor shops in residential areas.

The bench expressed hope that the state government will revisit its entire policy on prohibition and take a decision on establishment or relocation of the state-run TASMAC liquor shops as per the constitutional directives.

In its order, the bench said the fundamental duties of the state are enumerated in part IV of article 37 of the Constitution.

"When the state itself is not in a position to fulfill the fundamental duties enshrined in the constitution, it will lose its moral courage to direct citizens to perform their duties. The constitutional obligations cast upon the state to protect public health by imposing prohibition is need of the hour," it said.

"Contrarily, the state is entering into commercial venture for generating revenue for the public exchequer by allowing the state-owned company to run larger number of liquor shops in various localities," it said.

Maximising the number of liquor shops in the state will cause not only damage to the health at large, but also create "disorderliness" in families belonging "to the poor/middle class/socially weaker sections of society," the bench said.

A single judge had restrained the government from relocating liquor shops to residential areas, saying the sentiments of people, mostly women, agitating on the issue should be accorded paramount importance as they were the victims of the liquor consumption.

The court had also said the state-run TASMAC liquor shops should not be opened wherever there was a 'gram sabha' resolution against their location in villages or town or any local body.

Referring to the interim order passed by Justice N Kirubakaran, the bench said if such a resolution is passed by panchayat committees at village levels, the government undoubtedly is duty-bound to respect and respond to it.

The bench then directed the state to follow the apex court directions in letter and spirit with regard to banning of liquor shops on national as well as state highways across the country.

The bench also directed the state to follow the Tamil Nadu Liquor Retail vending (in shops and bars) rules 2000.