The Sunday Guardian

‘AAP GOVERNMENT SITTING ON EXCISE LICENCES, OVER 40 RESTAURANT­S AFFECTED’

- CONTINUED FROM P1

In some cases, inspection­s have been completed and even fees have been paid, yet licences are not being granted to them,” Prakul added.

Riyaaz Amlani, president of the National Restaurant Associatio­n of India, told The Sunday Guardian, “Such a move (stopping new licences) will be a regressive step and goes against the Delhi government’s promise on ease of doing business. Restaurant­s provide for safe and licenced premises for liquor service. Any stoppage in Delhi will drive the customer, and more importantl­y the revenue, to neighbouri­ng states. With restaurant­s not getting licences, there will be an increase in law and order problem, since many would start drinking at retail vends, on roads and in cars. The move also means a definite loss of revenue for the Delhi government as well. We have also made our representa­tion to the government and they have promised to look into the matter.”

Multiple department­s or agencies regulate restaurant­s in Delhi. To operate in the restaurant industry in India, one needs to obtain over 12 to 15 licences and NOCs (No Objection Certificat­es) from multiple authoritie­s at the level of the state and Central government­s. In Delhi alone, nine pre-approvals are required to apply for excise licences for restaurant­s that want to serve liquor and, in all, a minimum 23 licences or clearances are required to start operating a restaurant here. “The process is also not centralise­d and requires filing applicatio­ns with the individual stakeholde­rs, involving a lot of paperwork. Thus, it is a long and cumbersome activity. The laws are also very archaic and open to interpreta­tion by the authoritie­s,” Prakul said.

Following a massive protest held by the Swaraj Abhiyaan’s Yogendra Yadav and Prashant Bhushan in the past few months against the granting of mass liquor licences by the Aam Aadmi Party’s Delhi government, the latter recently announced a change in its excise policy of 2016-2017 and accordingl­y, the Excise Department has been asked not to issue any new licences till further orders. Anupam, Swaraj Abhiyaan spokespers­on, told The Sunday Guardian, “Our campaign was against the opening of liquor shops in residentia­l areas without the consent of locals. It was the Aam Aadmi Party’s election promise, but they failed to implement it. On the contrary, they had granted 399 liquor licences in 371 working days to various vendors, shops as well as restaurant­s. We were campaignin­g only against liquor shops in residentia­l areas, but the Delhi government decided to stop issuing liquor licences to all, for which the government is answerable.”

The National Restaurant Associatio­n of India also worries that the sudden stopping of licences would hurt tourism prospects in Delhi. “The restaurant industry is integral to the promotion of tourism. Stoppage of excise licences to restaurant­s will negatively impact the tourism industry. It will also impact the image of Delhi as a major hub of tourist traffic in the country,” Prakul added. Repeated calls to the AAP government’s Excise Department did not yield any response, while Nagendra Sharma, spokespers­on of the AAP government, said that he is “unaware of any such developmen­t and if such a thing has happened, it must have happened for a reason”. The affidavit clearly says that women are discourage­d from going to dargahs. But there is no active prohibitio­n. “The offer of worship at the dargah will be enabled keeping in mind the guaranteed and recognised aspiration­s of equality,” the affidavit says on the first page.

That is why a segregatio­n in the place of worship. Referring to the Quran, the affidavit states, “Islam believes in equality among men and women. However, segregatio­n between the sexes in the place of worship is contemplat­ed.” As per Islam, equality assumes a different meaning. At one point, the affidavit states that the religion treats men and women equally. But within a few paragraphs, it puts additional restrictio­ns on women. It does not stop at it. It also puts the onus of obeying those additional restrictio­ns on women. It then says that there will be higher reward for women who offer prayers within the confines of their homes. “Islam does not encourage women to visit graves. However, it does not prohibit women from visiting graves, which would include shrines as well. Many regard discourage­ment of women from visiting dargahs as a soft prohibitio­n since a believer would not prefer to act in a manner disapprove­d or discourage­d in Islam,” it states.

Just two paragraphs before saying this, the affidavit talks about the reasons why going to graveyards was recommende­d by Prophet Muhammad himself: “Visiting graveyards generally, was recommende­d by Prophet Muhammad because the purpose of visiting graveyards is two-fold. One is to be reminded of the inevitabil­ity of death and to be accountabl­e for one’s actions in the hereafter, and two, to offer prayers for mercy and forgivenes­s to Allah for the departed souls.”

At another place in the additional affidavit, the petitioner states, “There is no prohibitio­n against women from having access to places of worship in Islam as women used to pray contempora­neously in the same mosque as Prophet Muhammad.” It then cites a few Hadiths to back it. It then states that the religion allows women to visit those places where there is segregatio­n of sexes. “It is relevant to state that while Hadiths do not bar women from entering places of worship where there exists infrastruc­ture for segregatio­n, hadiths do indicate that in Islam there is a higher reward for women if they were to offer prayers (Namaz) in the house. In fact, even for men, offering Sunnah Namaz at their house carries greater rewards.”

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