However, seven months down the line since the filing of these petitions, the government is yet to file a reply in the matter, or clarify its stand on liquor prohibition in the state
The Gujarat High Court had, on October 24, directed the state government to clarify its stand on the liquor prohibition policy after multiple petitions demanding the freedom to consume alcohol at private places came up for hearing. A formal notice to the advocate general was also issued by the court on February 22 seeking a reply from the government. However, seven months down the line since the filing of these petitions, the government is yet to file a reply in the matter, or clarify its stand on liquor prohibition in the state.
Notably, counsel for the petitioners and senior advocate Percy Kavina had on February 22 raised the same issue before the court arguing that the initial petitions (many petitions including a public interest litigation on the same lines were filed later) raising the issue were filed way back in October 2018, but there was no progress in the cases except for simple adjournments and the state government did not clarify its stand on prohibition.
Since the first hearing in the cases on October 24, 2018, the same was scheduled for hearing on 10 occasions, with the last one being May 8, when the cases could not be taken up due to paucity of time and were adjourned till July 4.
The petitioners—Rajiv Patel, Milind Nene, and Niharika Joshi—had submitted to the court that alcohol comes under the definition of 'food' under the Food Safety and Standards Act, 2006, and in light of the recent Supreme Court judgments on Right to Privacy and Right to Choice, prohibition on the consumption of alcohol in one's own privacy cannot be held illegal. They had also argued that every person has a right to choose what he wants to eat and drink, and the government has no business in interfering in the same.
The petitioners had contended that there had been a sea change in the circumstances as compared to the situation prevailing in the 1950s when the ban was imposed. It was pointed out that the prohibition law violates the petitioners' Right to Privacy, Right to Life and Personal Liberty under Article 21 of the Constitution. They had submitted that the state has no business in intruding in a person's private matters unless he creates a situation that endangers social security. Another argument was that the consumption of liquor is a prehistoric tradition for humans and denying it is against one's right to live a dignified and quality life.
HEARING ON JULY 4
Seven months have passed since the filing of the petitions challenging the constitutionality of several sections of the Gujarat Prohibition Act, 1949. Now, the case will be heard on July 4.
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