PIL against intoxicating drinks and drugs, Delhi HC refuses to issue notice at this stage
Mar 04, 2022
New Delhi [India], March 4 : The Delhi High Court on Friday refused to issue notice and adjourned the matter while hearing a Public Interest Litigation (PIL) seeking direction to the Delhi Government to prohibit/control the production, distribution and consumption of intoxicating drinks and drugs, which are injurious to health, in order to secure the right to health, guaranteed under Article 21 of the Constitution.
The Bench of Justice DN Patel and Justice Neena Bansal Krishna on Friday refused to issue a notice in the matter "at this stage" and also asked the other side to accumulate all the PILs filed by Advocate Ashwini Kumar Upadhyay.
Justice DN Patel said, "We are adjourning the matter for July 4. Counsel for other side, keep accumulating all the petitions filed by him, we will see what is to be done on next date. Daily you are filing petitions. How many petitions you have got typed, in your drawer and in printing, etc?"
Upadhyay sought direction to the Government to publish health warnings on liquor bottles and packages, like health warning signs used on cigarette packets, and advertise 'Health and Environment Hazard' of intoxicating drinks through electronic, print and social media in order to secure citizen's right to know, right to information and right to health, guaranteed under Article 21.
The petitioner further sought the issuance of direction to the Government to carry out Health Impact Assessment and Environment Impact Assessment of production distribution and consumption of intoxicating drinks and drugs in the spirit of Articles 21 and 47.
The plea further stated that Delhi has a total of 280 municipal wards and until 2015, there were only 250 liquor shops, that is, on average, one liquor shop in every ward and 30 wards without liquor shop. But now State is planning to open three liquor shops in every ward, which is not only arbitrary and irrational but also offends rule of law and right to health guaranteed under Article 14 and 21 of the Constitution. Article 47 is nevertheless fundamental in the governance and the State is obligated to prohibit the consumption of liquor and drugs but rather than advertising about health hazards of intoxicating drinks and drugs, the State is promoting liquor consumption, alleged petitioner Ashwini Kumar Upadhyay.
The plea further stated that drinking is ten times more dangerous than smoking but health warning is not used on liquor bottles. All alcohol bottles must carry health warnings alike cigarette packets. These statutory warnings on labels must include requests to consumers to not consume alcohol and drive and outline how alcohol consumption is harmful for health, the plea added.
Apart from the warning, the specific labelling requirements also need a declaration about alcohol content, allergen warning, no nutritional data, no health claim, restriction on words such as "non-intoxicating" or words implying similar meaning on the label of beverage containing more than o.so/o alcohol by volume. But it has been more than 3 years since the regulation came up for all manufacturers to comply with, still there is no sign of strict and sincere compliance with it. No health warning or proper display of liquor contents has been complied with. FSSAI has proved to be completely incompetent, plea stated.
