The Supreme Court today issued notice to the Union of India in a Public Interest Litigation seeking implementation of a robust policy of mandatory age verification system at all liquor outlets .

A bench of Justices BR Gavai and KV Viswanathan placed the order, after hearing Senior Advocate PB Sureshwho argued that underage drinking is widespread in India and there is no strong system in place.

During the hearing, Suresh argued that there is no proper deterrent against minors purchasing alcohol for consumption. He pointed out that there are now even home delivery options for alcohol.

Initially, the bench noted that people can even send someone else on their behalf (e.g., a domestic help) or purchase on someone else’s behalf. In response, Suresh said that at least regulations should be strengthened, given that the situation is particularly alarming in India and the increase in criminal (drunk) incidents is attributable to young adults/adolescents.

Ultimately, the court issued notice limited to the Union, even though all States/UTs were declared parties.

Briefly, the PIL was filed under Article 32 of the Constitution by the Community Against Drunk Driving (CADD), seeking to address growing concerns over underage drinking and related accidents to alcohol. The petitioner wants to create a uniform framework for alcohol regulation across all states, which would reduce and prevent the increase in drunk driving incidents.

The PIL highlights a disparity in the legal drinking age between different Indian states. He mentions that while Goa allows alcohol consumption from the age of 18, Delhi maintains a higher threshold at 25 years. This variation extends to other states as well: Maharashtra prescribes 25 years, while Karnataka and Tamil Nadu allow alcohol consumption at 18 years.

Additionally, the petition alleges a correlation between underage drinking and criminal behavior. According to studies cited in the PIL, early exposure to alcohol significantly increases the risk of violent crimes, including robbery, sexual assault and homicide.

In this context, reference was made to the recent car accident in Pune, in which two young individuals lost their lives, apparently due to minor driving under the influence of alcohol.

The petition highlights that around 42.3% of boys aged 18-25 had their first alcoholic beverage before the age of 18 and 90% of them could freely obtain alcohol from vendors without any verification of their age.

The petition was filed via Vipin Nair, Advocate-Official.

Suggestions made by the petitioner:

1. The implementation of mandatory age control should be applied to all alcohol sales outlets (alcohol sales, hotels, clubs, bars, pubs, food and beverage outlets) in which the age of anyone who appears to be under 30. must be verified using biometric age matching using a government issued ID card i.e. Aadhaar card/Election I card or any other. This must be implemented via binding to the UID server.

2. Excise law/policy should allow all alcohol sales outlets (liquor sales, hotels, clubs, bars, pubs, food and beverage outlets) to compulsorily verify proof of age (Aadhaar card/Election Card I or any other) of any customer. appearing in age under 30 when in doubt to successfully implement state drinking age legislation.

3. The host of a party (an individual or establishment) should also be held responsible if:

I. Any minor consumes alcohol in said establishment or gathering;

ii. Any untoward incident like fight, drunk driving accident/death is caused by any person below or above the age of 25 years in the said establishment or gathering;

iii. Adult buyer/agent purchasing alcohol for a minor.

The petitioner also suggests the following to enable the development of a mandatory age verification policy at alcohol outlets:

1. To facilitate the implementation of this law, the photo identification cards of any purchaser/consumer who appears to be under the age of 25 must be checked since the legal drinking age in many States and UTs is between 18 and 25 years;

2. To ensure that the law is enforced in bars, pubs, club hotels, liquor vendors and any other food and beverage outlets, they should be required to maintain a record through a portable Adhaar checking machine;

3. Punishment of minor consumers/buyers with fine up to Rs.10,000/- Rupees or more if deemed appropriate;

4. Fines for adult proxy purchasers who consume/procure/purchase/supply alcohol to minors of Rs.10,000/-;

5. The sale of alcohol to underage consumers shall be considered an offense of the licensee;

6. Fines may also be imposed on individuals such as bartenders, shopkeepers and others who sell to minors;

7. Fines for establishments selling alcohol to minors of Rs. 50,000/- or 3 months imprisonment or both. Cancellation of the license if an establishment violates the law 3 times;

8. Regular checks carried out by the excise services at points of sale to verify that there is no consumption of alcohol by minors.

Case Title: THE COMMUNITY AGAINST DRINKING DRIVING v UNION OF INDIA AND ORS., Journal No. 29463-2024