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The Delhi High Court today allowed for hearing a plea challenging the New Excise Policy of the Delhi Govt which has lowered the legal alcohol drinking age from 25 to 21 years.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh was informed that similar petitions challenging the new Excise Policy of the Delhi Government is listed for hearing on September 17. In view of the same, the Court has listed the plea filed by Community Against Drunken Drinking along with other connected matters on Sep 17.
Defending the policy Sr. Adv. Abhishek Manu Singhvi appearing for the Delhi Government said that the voting age too is 18, "so to say that people above 18 can't drink is living in ivory towers. Reducing age limit does not mean we are permitting drunken driving.”
Senior Advocate and Standing Counsel for Delhi Governmnet Rahul Mehra opposing the petition said that the limited prayer of the petition is against the age reduction for drinking. “This is shadow boxing just to stop the policy somehow”, submitted Mehra recalling other similar petitions filed on the same issue.
Mehra further submitted that all neighboring states have even lower age for drinking and Delhi was the only state where 25 years of age has been prescribed.
On the petitioner’s prayer, Mehra submitted that with drunken driving itself not being permissible in law, "it doesn't matter whether the age is 21 or 25."
Singhvi added that “the cause of this petition reflects in the name of the Petitioner (community Against Drunken Driving). Moreover, nobody in his right mind supports drunken driving and reduction in drinking age does not mean drunken driving is permitted”.
Earlier, the Court had issued notice on the plea filed by the NGO, All India Bhrashtachar Virodhi Morcha seeking to bring the provisions of the New Excise Policy in consonance with that of the neighbouring states.
The petitioner NGO has sought for a direction to quash the provision in the New Policy which states that there will be no government owned liquors vends for Indian made Foreign Liquor (IMFL) and Foreign Liquor (FL) and which provides for only privately owned vends for sale of IMFL and FL.
The petitioner has said that reducing the minimum age from 25 to 21 would increase the consumption of alcohol amongst the younger generations and was contrary to Article 47 of the Constitution which states that “the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
Case Title: Community Against Drunken Driving vs GNCTD and Ors.
Edited by Shreya Agarwal
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