Drinking age lowered on par with other states, Delhi govt tells HC
NEW DELHI: The Delhi government on Monday informed the Delhi high court that the decision to bring down the legal age for drinking in the national capital was taken to have parity with other states, especially neighbouring cities such as Noida and Ghaziabad.
Delhi was one of only six states or union territories that pegged the benchmark at 25. An expert committee set up by the government recommended in December that the legal drinking age be changed to 21. Announcing the new age in March, deputy chief minister Manish Sisodia also said that government will introduce the system of “age-gating” in the city wherein persons below 21 years will not be allowed to enter any restaurant, pub or club that serves liquor by themselves.
The change in rules is part of the new Delhi excise policy which aims to reform the city’s liquor business by improving user experience, cleaning up the liquor mafia and eradicating pilferage.
In an affidavit before a bench of chief justice DN Patel and justice Jyoti Singh, the Delhi government said a Group of Ministers (GOM) received many suggestions to end the disparity between the business practices carried out in Delhi and neighbouring cities such as Gurugram, Noida, Ghaziabad and Faridabad such as minimum age of person who can be served liquor, dry days, time restrictions, etc.
The 606-page affidavit, filed by standing counsel (civil) Santosh Kumar Tripathi, said, “……the state will ensure sufficient checks and balance which are in place viz. age profiling of the people who are placing order(s) vide proper check of government issued identification.” It is also stated that in States of West Bengal and Orissa, similar amendments have been made in their excise rules and accordingly the same can be implemented in the State of Delhi whilst ensuing compliance of necessary conditions as it may deem fit.
The GOM was constituted by Delhi Cabinet on February 5, 2021 to examine all aspects of current system, report of the expert committee and the suggestions/feedback/ comments received from the stakeholders/ general public.
The GOM recommended that legal age for drinking should be brought in line with majority of states in India such as Uttar Pradesh, Madhya Pradesh, Assam,
Odisha, Tamil Nadu, Uttarakhand and West Bengal etc.
The Delhi government’s affidavit was filed in response to a bunch of petitions challenging the new excise policy of Delhi, including one by All India Bhrashtachar Virodhi Morcha which challenged the provision to reduce the legal drinking age. On Monday, the court adjourned till August 27 other petitions, challenging the new excise policy, and granted time to the Delhi government to bring on record its counter affidavit.
Senior advocate Abhishek Manu Singhvi, representing Delhi government, informed the court that Rs 10,000 crore has been earned by Delhi” pursuant to the new excise policy.such revenue is higher than most states in India, Singhvi said.
The Delhi government has already earned ₹5,300 crore from auctioning alcohol licences for 20 of the city’s 32 zones and looks set to double its excise revenue by netting a record ₹10,000 crore in the first few months of the new liberalised liquor policy.
The city government has also defended its decision to allow home delivery of liquor, citing Supreme Court’s May 8, 2020 judgment allowing states to consider non-direct sale including online sale/home delivery of liquor.
Opposing a plea by BJP MP Parvesh Sahib Singh Verma, who has challenged the provision to allow home delivery of liquor, the Delhi government said the provision will result in reduce crowding outside liquor shops.
Defending its ambitious liquor policy, the city government said that it will bring ease of doing business by eliminating cartelization, proxy players.
The city government also said that it took a policy decision to exit from the business of sale of liquor, in consonance with the Gom’s recommendation that the government has no business to be selling alcohol and that it should completely exit the liquor trade.
THE GOM WAS CONSTITUTED BY DELHI CABINET ON FEBRUARY 5, 2021