MADURAI: The Madurai Bench of Madras High Court has appealed to the state government to bring in prohibition in a phased manner. “It is not only the appeal of this court but the collective voice of suffering housewives, children and the entire society,” a division bench comprising Justices N Kirubakaran and B Pugalendhi said. "Will the government listen to this court?" the judges asked.
The bench made the observations recently while hearing a Public Interest Litigation (PIL) filed by M Thaha Mohamed seeking to remove a TASMAC outlet situated in Thattankulam Main Road, near a girls' school and opposite the High Court Bench campus.
'Neither a bookstall nor a grocery shop'
"A liquor outlet is neither a bookstall nor a grocery shop to be located near a school or a residential area," the judges noted. The Tamil Nadu Liquor Retail Vending (Shops and Bars) Rules, 2003, prescribe restrictions with regard to the location of TASMAC shops near schools, places of worship, residential areas.
However, TASMAC hardly follows the rules resulting in the filing of umpteen numbers of such cases before the court, the judges stated. "It seems the government is interested in generating revenue from liquor shops rather than peace, safety and security of the people," they remarked and directed the authorities to shift the shop by February 28. They also directed TASMAC to dispose of such complaints within a month from the date of receiving them.
'Largest consumer in India'
The Tamil Nadu government earns at least Rs 30,000 crore from its 5,300 TASMAC outlets every year and the state is the largest consumer of liquor in India, the judges noted. "Whether water flows in rivers of the state or not, this special water (liquor) flows in every nook and corner -- even near places of worship, schools, colleges etc." But citing a study conducted by NIMHANS institute in Karnataka a few years ago, the judges observed that for every rupee the government earns through liquor sale, it loses double the amount in the form of healthcare expenses and loss of productivity.
Vehicle parking outside TASMAC outlets
The judges also referred to the WHO's global status report released in September 2018 which stated that alcohol kills 2.6 lakh Indians every year. "The data provided by the Ministry of Road Transport and Highways in the Rajya Sabha in September 2020 states that drunken driving-related accidents increased in 2019 compared to 2018. NCRB data states that 2% of the total accidents are due to drunken driving," they said and wondered why there is a two-wheeler parking stand outside almost every TASMAC outlet and bar when drunken driving is an offence under Section 185 of the Motor Vehicles Act.
Listing the positive results which the government could achieve by bringing in prohibition, the court appealed to the government to bring prohibition in Tamil Nadu in a phased manner. They ended the judgment with the question, "Will the Government listen to this Court?"