The Supreme Court on Monday, November 11, 2024, issued a notice to the government, seeking its response to a petition that calls for mandatory age verification at liquor stores and bars across the country. The petition, filed by the Community Against Drunken Driving (CADD), highlights the increasing instances of minors being involved in drink-driving incidents and urges the court to intervene in enforcing a nationwide age-check system at alcohol-selling establishments.
Petition for Comprehensive Age Verification Policy
The Public Interest Litigation (PIL) filed by CADD advocates for a comprehensive and uniform policy to ensure that all individuals purchasing alcohol undergo age verification. The petition stresses the importance of implementing stringent checks to prevent underage drinking, which it argues is a major cause of road accidents and fatalities due to drink-driving.
As part of the proposed policy, the petition recommends that any customer who appears to be under the age of 25 should be required to provide photo identification for age verification. This suggestion takes into account that the legal drinking age varies across states and Union Territories (UTs), with the drinking age ranging between 18 and 25. The petition proposes that the legal responsibility should lie with the alcohol vendors to ensure the age of their customers is verified through photo IDs such as Aadhar cards, voter IDs, or driver’s licenses.
Additionally, the petition suggests a fine of Rs 10,000 for underage buyers found attempting to purchase alcohol. This penalty is aimed at deterring minors from attempting to bypass the system and purchase alcohol illegally. The petition argues that such a measure would help to curb the rising trend of drink-driving and associated accidents involving underage individuals.
Opposition to Home Delivery of Alcohol
The petition also takes issue with the growing practice of home delivery of alcohol, claiming it could further fuel underage drinking. The CADD argued that without face-to-face verification of age, delivery services might unknowingly sell alcohol to minors. The PIL calls for a ban on alcohol delivery services or the strict enforcement of age verification processes for home deliveries as well.
In its proposals, the petition suggests that violations of age-verification protocols by alcohol sellers should be treated as serious breaches of licensing laws. To discourage such violations, the petition calls for stringent penalties, including fines of up to Rs 50,000 for establishments found selling alcohol to minors.
Fatal Drink-Driving Accidents Involving Minors
The petition also references numerous fatal accidents involving minors driving under the influence of alcohol. It claims that the lack of a robust legal framework for age verification at points of sale is a significant contributing factor to the rising number of such incidents. By implementing a nationwide age-check system, the petitioners believe that it will become more difficult for minors to procure alcohol, thereby reducing the incidence of drink-driving accidents.
According to CADD, the current system, in which age verification is not enforced uniformly across the country, leaves room for potential exploitation by underage individuals. The petition argues that the absence of mandatory checks has created a loophole in the system, which enables minors to easily access alcohol, often leading to dangerous and tragic outcomes.
Supreme Court’s Response
During the court proceedings, the bench led by Justices BR Gavai and KV Vishwanathan acknowledged the concerns raised in the petition but initially questioned the extent to which the court could intervene in this matter. Justice Gavai raised concerns about the practical challenges of enforcing such a law, asking, “What can we do? Instead of going directly to buy, they can send their servants to buy.”
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However, the petitioner’s counsel presented examples of stringent age-verification measures in place in other countries, where similar systems have been successfully implemented to curb underage drinking. The counsel also proposed potential solutions for practical challenges, such as requiring vendors to keep records of ID checks.
Impressed by the counsel’s arguments and the seriousness of the issue at hand, the bench decided to issue a notice to the government, directing it to respond to the petition. The government has been given time to file its response before the next hearing.
Next Steps
The Supreme Court’s decision to issue a notice on this petition is a significant step towards addressing the concerns of underage drinking and drink-driving. The petition calls for a comprehensive policy on age verification at liquor-selling establishments, including a ban on alcohol delivery services unless strict checks are implemented.
As the case progresses, it is expected that the government will respond with a detailed plan to address the petitioner’s concerns. The outcome of this petition could potentially lead to stricter regulations governing the sale of alcohol, especially concerning age verification protocols, to ensure greater public safety and reduce accidents caused by underage drinking.
The court’s next steps will be critical in shaping the future of alcohol sale regulations in India and may set a precedent for similar laws in other sectors dealing with age-sensitive products.
