Court warns against all-night liquor sales, stresses cultural sensitivity in excise policies

Raising a sobering call for policymakers, the Punjab and Haryana High Court has cautioned that allowing all-night liquor sales can lead to social decay and damage the cultural fabric, as excessive drinking still remains socially unacceptable.

Emphasising the need to strike a delicate balance between revenue-generation and safeguarding societal values, a division bench of the high court also made it clear that the state was required to take its observations into account when drafting future excise policies.

The assertions came as the bench of Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth dismissed a petition challenging a clause prohibiting bars and pubs from operating beyond midnight in all other districts, except Gurugram and Faridabad.

In its detailed judgment, the bench asserted excessive drinking and nocturnal indulgences remained deeply ingrained as social taboos in the country, where cultural sensitivities demanded a more nuanced approach.

“We are unable to stop ourselves from making observations regarding allowing sale of liquor for the entire night. While the excise policy mentions of having noticed social verification and social degeneration at the time of framing the policies, it cannot remain unnoticed that if the people are allowed to stay all night at bars and pubs, the social strain of Indian society is seriously hampered. Excess drinking and indulging in night life in Indian society is still a social taboo,” the bench asserted.

The court also made it clear that it “may not be understood to discourage night clubs”, but the policy makers were required to take into consideration the Indian culture, the percentage of literacy and mature understanding. They were also required to consider that mature understanding regarding repercussions of excessive drinking remained a long-term goal.

Referring to the inconsistencies across the states, the bench asserted some had imposed absolute prohibition, while most had stipulated time limits for liquor sales. “Once a time schedule is laid down, there should be no provision for granting extension of the said time for the entire night by taking extra money. A balance has to be struck between the amount of revenue being earned vis-à-vis maintaining and nurturing the culture of the state. It is expected that the state shall take into consideration our observations while framing the future excise policy,” the court asserted.

The bench added the petitioners had obtained license under the existing excise policy and were conducting their business in accordance with its terms. They could not challenge aspects of the policy that did not suit them.

“The principle of ‘take it or leave it’ has to be accepted and applied in contractual matters. Where a person wants to do liquor trade, he would have to accept the conditions as framed by the state. No one has stopped the petitioners from doing business at Gurugram, if they found it to be more lucrative,” the bench added.