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Gujarat High Court asks state to clarify stand on prohibition on Feb 11

The petitioners had claimed that prohibition on liquor consumption in private space is against the right to privacy and equality

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The Gujarat High Court on Friday directed the state government to clarify stand on its prohibition policy on February 11 after five fresh petitions, including a public interest litigation, demanding the freedom to consume alcohol at private places came up for hearing. The petitioners had claimed that prohibition on liquor consumption in private space is against the right to privacy and equality.

The fresh petitions were taken up by the division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav, in which another petition with the same demand is pending since October 2018. During Friday's hearing, the bench clarified that it will first hear the arguments of the state government on the issue on February 11. If the court is not satisfied with the contentions of the government, it will formally issue a notice to the advocate general, who will then have to argue in the matters. Since constitutionality of several provisions of the Gujarat Prohibition Act has been challenged, as per norms, the advocate general will have to argue the matter.

The petitioners have contended before the court that there is a sea change in the circumstances as compared to the situation prevalent in the 1950s when the ban was imposed. They had pointed out that the Supreme Court has stressed time and again on the right to privacy and the right of an individual to choose what he wants to eat and drink.

The petitioners also submitted before the court that the prohibition law violates the petitioners' Right to Privacy, Right to Life and Personal Liberty under Article 21 of the Constitution. They have further argued that the state has no business in intruding in a person's private matters unless he creates a situation that endangers social security. It has been also pointed out to the court 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.

Interestingly, the petitioners have stated that several sections of the Act are "arbitrary, irrational, unfair, unreasonable and discriminatory which negates the principles of equality". They have also cited the adverse impact of liquor prohibition in Gujarat—a pendency of 3.99 lakh cases till February 2017 and the hooch tragedies taking place one after the other. It had been also argued that the state government's policy of issuing permits to drink alcohol creates a class of privileged people, which is not permissible in law.

Prohibition results in Rs 4000 crore underground liquor business

The petitioners have pointed out that complicity of the enforcers and their political bosses with the bootleggers has resulted in a thriving underground liquor business worth an estimated Rs 4,000 crore.

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