IMPORTANT POINTS
The wisdom of policy underlying a Statute is a matter for the Government. If the Statute is reasonably designed to achieve the purposes of the Act and, in the case on hand, where Sections 10, 24 and 29 of the Cochin Abkari Act, 1 of 1077 as amended from time-to-time, and the provisions of the Kerala Abkari Shops Disposal Rules, 2002, enable the Government to deal with disposal of licenses to liquor shops, bars, parlours etc. action of the Government in opening more liquor shops, bars etc. cannot be said to be unconstitutional or contrary to the statutory provisions.

JUDGMENT :

Manikumar, J.

Petitioners are members of the Kerala Prohibition Council, Gandhi Bhavan, Kochi, a voluntary movement, striving to thwart the menace of alcoholism in the people of Kerala, and urging the State, to implement Prohibition, in tune with Articles 37 and 47 of the Constitution of India.

2. According to the petitioners since its inception in 1978, the Kerala Prohibition Council has put in great efforts to propagate the idea of prohibition; to persuade people with drinking habits to give up that habit; to provide counselling and treatment to alcoholics; to provide consolation and relief to the suffering families of alcoholics; and to create awareness amongst students and youths about the ill effects of consumption of liquor and the use of drugs. The organization has a State Committee with district, taluk and unit committees under it.

3. The petitioners have been volunteering for the Kerala State Prohibition Council for more than two decades. They have direct knowledge about the issues relating to Alcohol Use Disorder (AUD-alcoholism) faced by alcoholics as well as the sufferings of their family members and they volunteer for the cause of emancipation of the society from the ill-effects of alcoholism and drug abuse.

4. As a matter of fact, alcoholism has grown up in Kerala, as a State sponsored gruesome menace of alarming proportion, only because of and through unconstitutional policies and practices adopted by the State in the past years.

5. The State has enticed the otherwise ignorant commons, especially, the younger generation, to the habit of drinking, by covertly projecting consumption of intoxicating liquors as a mark of decency, better standard of living, and as an inevitable requirement for filling the State Exchequer.

6. Petitioners have stated about the physiological and psychological harm, disorder of the alcoholics, sufferings of the women and children at their hands, indignity and social stigma, and thus, infringement to life guaranteed under Article 21 of the Constitution of India.

7. Petitioners have further contended that when mothers drink liquor during pregnancy, children will suffer Fetal Alcohol Spectrum Disorders (FASD) and alcoholic persons get withdrawal symptoms.

8. In Kerala, the State itself is engaged in the sale of liquor through the outlets of Kerala State Beverages Corporation (BEVCO), the bar hotels/restaurants, and beer and wine parlours, licensed by the Government, spread across the State. To the knowledge of the petitioners, Kerala has around 300 retail liquor outlets, 600 bars, and 357 beer as well as wine parlours.

9. The number of bars has gone up by at least 20 times, since the coming into power of this Government. Liquor sale shows an increase of around 10% every year. There also seems to be a substantial increase after June, 2017, when LDF Government decided to re-open bar hotels, as a part of its revised liquor policy. Around 14.5% increase in sales was recorded during 2018-19. A major development is the increase in the number of clubs licensed to sell alcohol. Around 41 clubs registered under the Charitable Societies Act, if not more, have liquor licence while their number was a mere 19, in 2009. It is strange that clubs registered under Charity Act sell liquor. The LDF Government came to power vowing steps for ensuring liquor abstinence. However, the number of bars towards end of the previous Government was only 29, which has now risen to 600.

10. Petitioners have further stated that the practices adopted by the State to increase the sale of liquor, establish that State is the first culprit, in the matter of denying fundamental rights to lakhs of women and children.

11. Petitioners have contended that State is responsible for making the wives as widows and children fatherless, and this state of affairs exist on the face of Article 47 of the Constitution, which obliges the State to “endeavour to bring, about prohibition of the consumption, except for medicinal purposes of intoxicat