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Prayer : suo motu Writ Petition for a direction to the respondent to take measures (1) how many TASMAC shops, apart from closing down of 500 shops w.e.f. 19.6.2016, were closed down in Tamil Nadu pursuant to the policy decision taken by the State Government in accordance with the poll-promise made by the present ruling Party in May, 2016 Tamil Nadu Assembly Elections to bring prohibition in a phased manner? .. (14) Why not Central/State Governments establish De-Addiction Centres and Counselling Centres and treat and manage liquor addicts who are all patients, in every Taluk?
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In a bail petition filed under
Section 439 of the Code of Criminal Procedure, viz. Crl. O.P. (MD) No.834 of 2017 before the Madurai Bench of the Madras High Court, the learned Single Judge (Madurai Bench), while examining the plea of the accused therein, who is alleged to have been a habitual drunkard, sought to raise a larger issue of the evils of consumption of liquor and its easy accessibility. The learned Single Judge disposed of the bail application, but sought to pen down the remaining paragraphs of his order as under :-
9. About 70 lakhs people of 68 million population of Tamil Nadu consume alcohol everyday. Most of the consumers are invariably labourers, farmers, lower middle and lower strata people. Most of the daily wagers are stated to be spending 50% or more of their earnings on Quarters (180 ml.) of liquor, driving their families to abject poverty. Women and children need to be protected from domestic violence, sex crimes, poverty, etc. 6800 TASMAC shops cater to the needs of the consumers, earning 35% of States income.
10. The Ruling A.I.A.D.M.K. Party made poll-promise during May, 2016 Tamil Nadu Assembly Elections to bring total prohibition in a phased manner. Accordingly, as per the policy decision taken, 500 TASMAC shops were ordered to be closed with effect from 19.6.2016, apart from reduction of two hours of business time of TASMAC shops.
11. Drinking causes many health hazards apart from causing numerous road accidents and many heinous crimes. Researchers have linked alcohol consumption to more than 60 diseases. Alcohol does all kinds of things in the body, and we are not fully aware of all its effects. It is a pretty complicated little molecule, says James C. Garbutt, M.D., Professor of Psychiatry at the University of North Carolina at Chapel Hill School of Medicine and a Researcher at the Universitys Bowles Center for Alcohol Studies. Doctors say that alcohol consumption causes 60 diseases and important 12 conditions are cardio vascular disease, cancer, anemia, liver cirrhosis, dementia, depression, seizures, gout, high blood pressure, infectious disease, nerve damage, pancreatitis etc. Hence, people should be discouraged to take alcohol. Many States like Bihar, Kerala, apart from dry States like Gujarat banned alcohol completely or partially. Mr. Nitish Kumar, Chief Minister of Bihar claimed huge drop in domestic violence and rape cases since alcohol ban was introduced in April, 2015 (between April, 2015 and April, 2016). Taking note of the numerous road traffic accidents taking away many precious lives, the Honble Supreme Court banned liquor outlets on National Highways by order dated 15.12.2016.
12. Apart from this case, other cases, viz. Crl.O.P. (MD) Nos.873 of 2017 and 875 of 2017 which have come up before this Court for consideration would also reveal that liquor related/induced offences are increasing day-by-day in the society. Therefore, this Court suo motu impleads (i) Union of India represented by its Cabinet Secretary, New Delhi and (ii) Union of India represented by its Secretary, Ministry of Law and Justice, New Delhi as respondents 2 and 3 and Mr. G.R. Swaminathan, learned Assistant Solicitor General of India takes notice for the newly impleaded respondents 2 and 3.
13. Similarly, (i) State of Tamil Nadu represented by its Secretary, Home Department, St. George Fort, Chennai-9; (ii) State of Tamil Nadu represented by its Secretary, Revenue and Commercial Taxes Department, St. George Fort, Chennai-9; (iii) The Director General of Police, Mylapore, Chennai; and (v) The Managing Director, TASMAC, Egmore, Chennai are suo motu impleaded as respondents 4 to 7 and Mr. K. Guru, learned Additional Government Pleader takes notice for the newly impleaded respondents 4 to 6 and Mr. M. Muniyasamy, learned Standing Counsel takes notice for the seventh respondent.
14. The following queries are raised by this Court to be answered by the newly impleaded respondents 2 to 7 :
(1) How many TASMAC shops, apart from closing down of 500 shops with effect from 19.6.2016, were closed down in Tamil Nadu pursuant to the policy decision taken by the State Government in accordance with the poll-promise made by the present ruling party in May, 2016 Tamil Nadu Assembly Elections to bring prohibition in a phased manner?
(2) When the next reduction of TASMAC shops is going to be effected and how many shops are to be closed down?
(3) By which date total prohibition is to be implemented in the State of Tamil Nadu in consonance with
Article 47 of the Constitution of India and as per the poll-promise made by the party which ruling the State?
(4) Whether consumption of liquor/alcohol got increased year-by-year in India and Tamil Nadu?
(5) Whether liquor addiction is increasing year-by-year among the masses? [Year-wise details have to be given separately] (6) Is it a fact that crimes are increasing day-by-day due to liquor/alcohol in India and Tamil Nadu?
(7) How many cases are reported involving the offences due to/connected with liquor for the past 10 years throughout India and Tamil Nadu? [Year-wise details have to be given separately] (8) Whether the juveniles/students are also becoming liquor addicts due to easy availability and accessibility of liquor?
(9) Is it a fact that the juveniles are indulging in crimes, especially, sex crimes against women and girl children under the influence of alcohol?
(10) Why not the Central Government and the State Government by strict implementation of law, ensure availability or sale of liquor to minors is blocked as it is seen from the media reports about purchase of liquor easily by school students, including girls?
(11) Is it a fact that women and children are more affected financially and psychologically as more men are becoming alcohol addicts and unable to earn properly and spend their earnings only for liquor and not for families?
(12) Whether appropriate measures are taken by the Central Government and the State Government sensitizing the people about the evil effects of liquor by allotting adequate funds?
(13) Why not more Wards be opened and appropriate infrastructures provided and increased in the Government Hospitals in view of the increase in cases of alcohol addiction, as one Indian dies every 96 minutes due to alcohol?
(14) Why not Central/State Governments establish De-addiction Centres and Counselling Centres to treat and manage liquor addicts, who are all patients, in every Taluk?
2. It may be noticed that the learned single Judge had a roster of cases of C.M.As. and Tr. C.M.Ps. and on that particular date, was assigned bail petitions also, on account of the non-availability of the Judge handling the bail roster.
3. Since the aforesaid issues sought to be raised could by no stretch of imagination be categorized as issues pertaining to bail and were akin to the nature of a Public Interest Litigation, on the aforesaid facts coming to notice, on Administrative Side, directions were issued by one of us (Chief Justice) to register the same as a Public Interest Litigation and post it before this Bench, as possibly unknown to the learned Single Judge, these aspects were already being examined by this Court.
4. A perusal of the order passed by the learned single Judge shows that one aspect dealt with therein is of prohibition, which clearly falls within the policy domain, and the Court cannot look into this aspect.
5. The queries raised in the conspectus of
Article 47 of the Constitution of India, being of Directive Principles, have been dealt with by the First Bench of this Court in W.P. No.20942 of 2015, vide order dated 14.7.2015. The Court examined the grievance in respect of establishment of TASMAC shops, which were introduced after the prohibition was lifted in 2001 and that policy having continued over years. Issues such as increased consumption of alcohol, especially among people of younger age group, coupled with the family problems, school dropouts, road accidents, health problems, etc., especially at a socio-economic level, where essential funds are diverted towards liquor consumption were also examined. While acknowledging the intent in introducing
Article 47 of the Constitution of India read with Article 39(f), it was observed that the framers of the Constitution sought to encourage prohibition by incorporating it in the Directive Principles of State Policy. However, the implementation has been sparse by the States. The concluding lines on this issue were :
Unfortunately, this is a decision on which the Courts opinion cannot be called for and the same is a policy decision to be taken by the Government and the State Legislature. The facts and figures were taken note of qua tax on liquor, which was one of the highest among the States, as also the reduction of liquor outlets and the time period for which they were kept open, the warnings towards the undesirability of liquor consumption which had been printed on bottles and the shops existing closer to National Highways and State Highways were sought to be shifted.
6. Insofar as TASMAC shops are concerned, it is recorded in the order of the learned single Judge that about 500 shops were closed with effect from 19.6.2016 pursuant to a policy decision of the State Government and thus, the question posed is as to when further reduction of these shops would take place.
7. This issue is being examined by this Court in W.P. No.7505 of 2013. One of the questions raised in the said writ petition was as to how the distance between the TASMAC shop and educational institutions has to be measured under the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, and the findings recorded on 17.3.2016 are as under :-
Learned Additional Advocate General has placed before us an order passed by the Division Bench of this Court (Madurai Bench) dated 27.08.2015 in W.P.(MD).No.15257 of 2015 (R.Gopinath vs. The District Collector, Virudhunagar and others (2016(1)CTC 104), in which the Rule 8(1) of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 was examined in the context ''how the distance between the TASMAC shop and the Educational Institutions has to be measured''. The Rule provides for the distance to mean the shortest distance between the two and not from the gate to gate.
2. We have also pointed out to learned Senior Counsel that in terms of the order dated 27.08.2014 in W.P.No.23299 of 2014 (P.Mounasamy vs. The District Collector and two others), reference has been made to Tamil Nadu Survey and Boundaries Act, 1923 and the Rules framed thereunder. In terms of
Section 4 of the said Act, the State Government has to appoint Survey Officers. The manner of measuring distance scientifically is set out in the Tamil Nadu Survey and Boundaries Rules, 1925.
3. In the additional counter affidavit filed on behalf of the TASMAC, it has been stated that collection of data would take place in respect of various shops and if the shops are found not located as per Rule 8(1) of the said Rules, then those shops will be shifted with the previous permission of the District Collector concerned as per Rule 9 of the Tamil Nadu Liquor Vending (In Shops and Bars) Rules, 2003. The period of six months is requested for collection of the data regarding the location of shops from places of worship or educational institutions, by actual measurement adopting the aforesaid principles, since the said exercise has to be carried out all over the State in respect of 6776 retail vending shops. It is stated that another six months thereafter would be required for shifting of the shops where ever required. We take this assurance on record. The aforesaid writ petition has been listed for compliance thereafter and on 16.9.2016, we recorded that about 900 shops had already been identified, which may be in violation of Rule 8 of the said Rules, but that work was still not complete. The next date of hearing is 3.3.2017.
8. Thus, the aspect of closure of TASMAC shops is being monitored by this Court, so that they are not violative of the Rules. But the learned single Judge considered it appropriate to pose some general questions as to whether consumption of liquor/alcohol has been increasing, the resultant incidences of crimes, the number of cases involving offences due to consumption of liquor throughout India and Tamil Nadu, with the yearwise details to be given separately.
9. This, in our view, may not be an appropriate exercise to be carried out, as the Court is not doing an academic study of the matter. Further, the jurisdiction of this Court would extend only to the State of Tamil Nadu and not to the whole of India.
10. Question No.8 onwards seem to be the belief and statement of the learned single Judge, which are more moralistic in nature rather than any questions to be answered.
11. As to how we sensitize people about the ill effects of liquor and what methods could be utilized for the same is under consideration of this Court in W.P. No.26563 of 2015, where after some ground work, considerable material has been placed on record, including the Global Status Report on Alcohol and Health, 2014 of the World Health Organization, with the petitioner seeking enforcement and formulation of a scheme to give effect to the recommendations and measures as set out in the Report. The State Government had filed a response thereto and this Court had sought further information.
12. On 17.6.2016, in the conspectus of the report, it was recorded that there is large scale of consumption of alcohol and there is need to check this hazard, especially in two sectors, i.e. (i) the under-aged sector; and (ii) where essential family means are diverted to purchase alcohol. The learned Advocate General had agreed to the formation of a Committee in this behalf and we observed that the assistance from social sector workers is essential for achieving overall success of the scheme. We reproduce paragraphs 2 and 3 of the said order :-
2. We are of the view that mere formation of Committee itself may not suffice to monitor the holistic scheme of how to reduce alcohol consumption, but the assistance from social sector workers is essential for its success. This is so, as lot of private organization and voluntary agencies worked in these social sectors and may have both information and solution. It is only a co-ordinated effort which can be successful. There has to be a greater sensitivity to various aspects through better training and information, for example when liquor is being sold only through TASMAC shops, on suspicion of being under-aged, Identity Card should be called for. If such measures are strictly followed at the sale point, the younger elements who are prohibited from consuming alcohol, may not be directly able to access the same. This can be simply done by once again issuing circular to such sale point as to what is the check-list before sale of alcohol.
3. The persons working in social sectors may be able to pinpoint specific location or area of concern where greater implementation is required. They may also encourage rehabilitation measures for persons who are addicted to alcohol.
13. Pursuant to the above order, the Government, by G.O. (2D) No.7 (Home, Prohibition & Excise (VI) Department) dated 30.6.2016, constituted a Committee with the following terms of reference :-
I. To suggest measures to be adopted to check the consumption of alcohol, especially in the under-aged sector;
II. To suggest preventive measures to be adopted where essential family needs are diverted to purchase of alcohol;
III. To suggest rehabilitation measures for persons who are addicted to alcohol;
IV. Any other subjects as may be decided by the Committee.
However, since the Committee consisted only of bureaucrats and police officials (though the status of Special Invitee had been conferred on some people called for inputs), the Court was of the view that at least some of these special invitees should be made Members of the Committee and present in all its meetings, for the purposes of continuity. Thus, by order dated 16.9.2016, the terms of reference of the Committee were enlarged to include the menace of drunken driving.
14. When this matter was listed today, i.e. 13.2.2017, it was pointed out that Special Invitees had, in fact, been included as Members of the Committee and that a draft report had been circulated and the comments/suggestions of the Members were awaited, whereafter it would be submitted to the Government.
15. The aforesaid reflects that the concerns of the learned single Judge to the extent judicial scrutiny, and impetus as possible is already being attended to in the conspectus of the State of Tamil Nadu (that alone being the High Courts jurisdiction). Since the learned single Judge is not sitting in the P.I.L. jurisdiction, he may not be aware of these proceedings.
16. We are of the view that the issuance of notice to various authorities of the State and Central Governments is not required, in view of the matters concerned already being attended to in the aforesaid two judicial proceedings.
17. We thus close the proceedings in the present matter and thus, there is no need for the respondents in the aforesaid writ petitions to answer the queries posed by the learned single Judge on 6.2.2017.
18. The matters need not be listed on 24.2.2017.
(S.K.K., C.J.) (M.S., J.) ab 13th February, 2017 Office to note : Issue a copy of this order in two (2) days To 1.The Inspector of Police, Sambavar Vadakarai Police Station, Tirunelveli District (Crime No.226 of 2016). 2.The Cabinet Secretary, New Delhi. 3.The Secretary, Ministry of Law & Defence, New Delhi. 4.The Secretary, Home Department, Fort St. George, Chennai-600 009. 5.The Secretary, Revenue & Commercial Taxes Department, Fort St. George, Chennai-600 009. 6.The Director General of Police, Mylapore, Chennai. 7.The Managing Director, TASMAC, Egmore, Chennai. The Honble the Chief Justice and M. Sundar, J. suo motu W.P. (MD) No.2344 of 2017 13..02..2017