When Constitution advocates total prohibition, how can governments run liquor business, asks Justice N. Kirubakaran of Madras High Court

Observing that liquor is "a poison to the society," the Madras High Court today posed a set of 16 questions to the State and Union governments, asking how governments could run liquor business when the Constitution advocates total prohibition.
    

(Madras High Court. Photo courtesy : Business Line)

 Justice N Kirubakaran suo motu impleaded the Union Cabinet Secretary, Revenue Secretary, State Government, Managing Director of Tamil Nadu State Marketing Corporation (TASMAC) and the State Director General of Police, posed the questions and directed them to file a reply on December 11.

The judge was passing interim orders on civil miscellaneous appeals filed by one Vizhi and three others against the award passed by the Motor Vehicles Accident Tribunal.

Justice N. Kirubakaran passing interim orders in a motor accidents claims appeal, raised questions such as introduction of total prohibition in consonance with Article 47 of the Constitution to protect people from the evils of liquor.

Raising these questions, Justice N. Kirubakaran said since there is direct connection between liquor and deaths in road accidents, matrimonial disharmony and personal relationships, governments should come forward to limit the number of liquor shops and cap liquor-vending hours to eight hours from 12 hours now.

  
The case relates to an accident in 2011 when two persons--Ramkumar and Arunkumar (riding pillion)-- died when their motorcycle was hit by a bus.The post-mortem report revealed the presence of alcohol.

The Tribunal fixed 20 per cent negligence on the part of the deceased and 80 per cent on the part of the bus diver and passed an award of Rs. 9,25,720 in favour of legal heirs of Arunkumar and Rs.11,34,067 in favour of those of Ramkumar.

Aggrieved by the insufficient compensation awarded by the Tribunal, the dependents of the deceased Ramkumar and Arunkumar had filed the appeals.