While granting a reprieve to 730 bars from closure under a new Kerala government policy, the Supreme Court on Thursday acknowledged that drinking was a social problem in the State.
“If it [drinking] is a social problem, then stop it for everybody. This has gone on for years. Why stop it abruptly? If you [State government] think this is a bad thing, stop it. But do it for everyone,” Justice Anil R. Dave told senior advocate Kapil Sibal, counsel for Kerala.
Mr. Sibal responded that liquor consumption in the State had led to a “social impact on the family and savings of the family are spent on liquor.”
Senior advocate Fali Nariman, appearing for the bar owners, said the policy was flawed at the outset. “Now a person can very well go to a toddy shop to buy liquor or go home and drink,” he said.
Justice Dave, hearing the case along with Justice U.U. Lalit, reacted that “individual discipline and not State discipline is what is required.”
Senior advocate Aryama Sundaram, arguing for the bar owners, said, “You cannot distinguish between the rich and the poor. This is like saying let them dance in five-star hotels and not in other hotels.”
Mr. Kapil Sibal, appearing for the State of Kerala, retorted, “Dance and liquor are different commodities. Maybe one leads to the other. Till liquor prevails, there is social evil in Kerala.”
Mr. Sundaram, however, questioned this. “But what is the point of this prohibition? Clubs at five-star hotels are allowed. Toddy is left untouched. Only 10 per cent government outlets will be closed every year. The quantity of liquor has not been curbed.”
Senior advocate Ram Jethmalani said bar owners should have been heard before their licences were prematurely forfeited.
