Delhi High Court quashes plea challenging Sec 23 of Delhi Excise Act

Delhi High Court, on Thursday, quashed the plea that challenges Section 23 of the Delhi Excise Act which, according to the petitioner, prescribes the legal drinking age as 25 years in the National Capital Territory. A Division Bench of Justice DN Patel and Justice C Harishankar rejected the plea. They observed that the age of drinking has nothing to do with the imposition by the Delhi Excise Act. They clarified that the Act prohibits the sale of alcohol to people below the age of 25.  

Statement from the bench that dismissed the plea 

The Division Bench of Justices DN Patel and C Harishankar explained what the Act exactly implies. They said that, "We see no reason to quash the provision which prohibits the licensee to sell or deliver alcohol to a person who is less than 25 years of age. The petitioner has presumed that the age of drinking has been prescribed but this is not the reason for quashing and setting aside Section 23 of Delhi Excise Act. It is a policy decision, that on what age the sale of alcohol should be prohibited." 

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Petitioner’s Plea 

The petitioner, who is also an advocate, Kush Kalra said that the legal drinking age in states like Telangana, Uttar Pradesh and Goa is 21 years and in Rajasthan, Sikkim, and Puducherry it is 18. He stated in his plea that, "The voting age is 18, the age to get a permanent driving license is 18, legal marriage age is 18 and 21 years and the age of joining the Army is 18 but the Delhi government has not provided any rationale for keeping the legal age of drinking alcohol at 25". The plea also said that the provisions of the Delhi Excise Act are 'arbitrary and contrary to the fundamental right to equality'. The plea further claimed that two-thirds of alcohol drinkers below the age of 25 purchased alcohol from liquor vendors which didn't ask for age proof, which symbolises disrespect of the law. 

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Delhi Government’s Stand 

Delhi government replied to this by saying that this issue cannot be reviewed by the judiciary as it is a policy decision. Delhi government also said that the petition is not valid and in public interest because of alcohol's health danger. Additionally, the government contended that the petition seeks to encourage the consumption of alcohol. Citing the 30-year-old petitioner's age, the government also rejected the plea on the grounds that the petitioner had no locus standi and it was an instance of proxy litigation. The petition also sought direction to the Delhi government to conduct awareness programs on responsible consumption of alcohol among college and school-going students by including it in their curriculum. 

(With PTI Inputs)

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