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Kerala HC upholds 'no-liquor' policy; only five-star hotels to serve alcohol

The Kerala High Court has approved 'no-liquor' policy, saying that 'it is in line with the Indian Constitution.' 

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The Kerala High Court on Tuesday approved the state government’s decision to allow only five-star hotels to operate bars in the state.

A Division Bench, comprising justices K T Sankaran and Babu Mathew P Joseph, ratified the government's liquor policy framed last year and subsequent amendments granting licences to beer and wine parlours. Delivering the judgement, the bench said there was nothing to offend fundamental rights or to term arbitrary or irrational about the liquor policy. It set aside the ruling of the single judge permitting bars in four-star and heritage hotels. 

The court reportedly dismissed appeals filed by owners of two, three, and unclassified bars and cancelled a single bench judgment permitting opening of four-star bars. It also stated that sale or consumption of liquor does not impinge on fundamental right of citizens and that the state government has all the right to frame its liquor policy.

Kerala’s Excise Minister K Babu welcomed the court’s judgment, saying the government wants to make the state liquor-free.

“The state government wants the state to be liquor-free, I am sure society will support this policy,” he said.

The state would now be left with only 24 five-star bars. Beer and wine parlours, however, would continue. 

The court even cited Article 47 of the Constitution, which says "the state shall endeavour to bring about prohibition... except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."

The Oomen Chandy-led Congress government had announced in August that it would make Kerala an alcohol-free state in the next ten years. Kerala has the highest per capita consumption of alcohol in the country and experts feel that the state will incur an annual loss of Rs 8,000 to 9,000 crore due to the ban. The modified policy presented by the Congress-led government in Kerala, demanded bars across state to be shut down. Liquor would be made available only in heritage or luxury hotels. 

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