IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO 739 OF 2016 IN THE MATTER OF: Ashwini Kumar Upadhyay

…Petitioner-in-Person

Verses Union of India & others

...Respondents With

I.A. No

of 2016

(Application for Permission to Appear and Argue as Petitioner-in-Person)

PAPER BOOK

[FOR INDEX KINDLY SEE INSIDE]

12.09.2016 New Delhi

Ashwini Kumar Upadhyay (Petitioner-in-Person) Advocate En. No-D/1119/12 15, New Lawyers Chambers Supreme Court, New Delhi-01 G284,Govindpuram,Ghaziabad #08800278866, 9911966667

RECORD OF PROCEEDINGS Sr.No.

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12.

Date of Record of Proceedings

Pages

INDEX PAGES S.No. PARTICULARS 1. Listing Performa A-A1 2. Synopsis and List of Dates B-J 3. Writ Petition with Affidavit 1-63 4. Annexure P-1: Representation to 64-65 Chief Minister of Delhi (20.06.2016) 5. Annexure P-2: Representation to 66-71 Hon’ble Prime Minister (20.06.2016) 6. Annexure P-3: Copy of News, published 72-73 by “The Hindu” on 22.11.2011 7. Annexure P-4: Copy of News, published 74-75 by “DNA” on 11.09.2013 8. Annexure P-5: Copy of News, published 76 by “The Hindu” on 18.08.2014 9. Annexure P-6: Copy of News, published 77 by “Zee News” on 13.01.2015 10. Annexure P-7: Copy of News, published 78-81 by “Hindustan Times” on 01.04.2015 11. Annexure P-8: Copy of News, published 82-84 by “Times of India” on 17.05.2015 12. Annexure P-9: Copy of News, published 85 by “NDTV” on 22.06.2015 13. Annexure P-10: Copy of News, published 86-87 by “Mail Today” on 06.07.2015 14. Annexure P-11: Copy of News, published 88 by “The New Indian Express” 21.07.2015 15. Annexure P-12: Copy of News, published 89-90 by “The Hindu” on 18.09.2015 16. Annexure P-13: Copy of News, published 91-96 by “The Wire” on 16.12.2015 17. Annexure P-14: Copy of News, published 97-99 by “The Tribune” on 07.04.2016 18. Annexure P-15: The News, published 100-101 by “Indian Express” on 25.05.2016 19. Annexure P-16: Copy of News, published 102 by “Hindustan Times” on 03.07.2016 20. Annexure P-17: Copy of News, published 103 by “International Business Times” 21. Annexure P-18: Copy of news published 104-107 by “The New Indian Express” 09.08.2016 22. Application to appear and argue in person 108-109

PERFORMA FOR FIRST LISTING Section: PIL The case pertains to (Please tick / check the correct box): Central Act: N/A Section: N/A Central Rule: N/A Rule No: N/A State Act: N/A Section: N/A State Rule: N/A Rule No: N/A Impugned Interim Order: N/A Impugned Final Order / Decree: N/A High Court: N/A Name of Judges: N/A Tribunal / Authority Name : N/A

1. Nature of Matter: Civil 2. (a) Petitioner / Appellant : Ashwini Kumar Upadhyay (b) Email ID: [email protected], [email protected] (c) Phone No: 08800278866, 09911966665, 3. (a) Respondent: Union of India and others (b) Email ID: N/A (c) Phone No: N/A 4. (a) Main Category: 08 PIL Matters (b) Sub Category: 0812 Others 5. Not to be listed before: N/A 6. Similar / Pending matter: N/A

7. Criminal Matters: (a) Whether accused / convicted has surrendered: N/A (b) FIR / Complaint No: N/A (c) Police Station: N/A (d) Sentence Awarded: N/A (e) Sentence Undergone: N/A 8. Land Acquisition Matters: (a) Date of Section 4 Notification: N/A (b) Date of Section 6 Notification: N/A (c) Date of Section 17 Notification 9. Tax Matters: State the Tax Effect: N/A 10. Special Category: N/A 11. Vehicle No in case of motor accident claim matters): N/A 12. Decided Cases with Citation: N/A Date: 12.09.2016

Ashwini Kumar Upadhyay (Petitioner-in-Person) Advocate En. No-D/1119/12 15, New Lawyers Chambers Supreme Court, New Delhi-01 12.09.2016

G-284, Govindpuram, Ghaziabad

New Delhi

#08800278866, 9911966667

SYNOPSIS Reminding all the State governments that the Constitution places a responsibility on them to “at least contain, if not curtail, consumption of alcohol”, this Hon’ble Court approved Kerala’s new liquor policy that prohibits drinking in public and restricts serving of alcohol to five-star hotels. The Division Bench of Hon’ble Justice Vikramjit Sen and Justice Shiva Kirti Singh held: “Strict regulation is imperative

to

discourage

regular

and

excessive

consumption of alcohol. Not granting bar licences to hotels other than five-star establishments have to be viewed as a positive step towards bringing down the consumption of alcohol or as preparatory to prohibition. Court cannot be blind to the fact that a social stigma at least as far as the family

unit

is

concerned

is

still

attached

to

the

consumption of alcohol. Free trade in alcohol denudes family resources and reserves and leaves women and children

as

its

most

vulnerable

victims.”

Liquor

consumption, results in many physical and mental disorders like blackouts, memory loss, anxiety and brain damage. It affects behavior and ability to learn and remember. It is the second biggest risk factor for mouth, throat and liver cancer. It causes hypertension, which increases the risk of heart attack. It weakens heart muscles and affects lungs, liver, brain and body systems.

Alcoholism results in many serious physical and mental diseases like kidney failure, impotency, infertility, weight gain, skin diseases and suicides. Consumption of liquor, intoxicating drinks and drugs is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils. Right to health is an integral part of right to life guaranteed under the Article 21 and it is the duty of the State to take steps to prohibit the consumption of liquor, other intoxicating drinks and drugs in spirit of the Article 47. In fact, the Article 47 starts with the phrase “Duty of the State” and the duty is to improve public health. Hence, this Hon’ble Court can enforce this duty against a defaulting State. The duty, to improve public health, especially of poverty-stricken people, who are major consumers of liquor and other intoxicating drinks and drugs, and to protect them from its injurious effect, must be discharged by all the States, by endeavouring to bring about the prohibition in letter and spirit of the Article 47 read with the Article 21. The idea of prohibition of liquors and other intoxicating drinks and drugs is connected with public health, and to enforce it effectively, wider definition of the word “Liquor” would have to be adopted to include all alcoholic liquids, which may be used as substitutes for intoxicating drinks and detriment to the health.

Article 47 of the Constitution uses the words prohibition of the consumption except for medicinal purposes. It seems to suggest that the use of liquor for making medicinal preparations only has to be construed in the light of the Directive Principles of the State Policy of bringing about prohibition of intoxicating drinks and of drugs, which are injurious to health. State is duty bound to protect human life and improve public health in spirit of the Article 21 of the Constitution and for that purpose to move towards prohibition. It is contradictory for the States,

to

claim

that

they

have

the

privilege

to

manufacture and sale of alcoholic beverages, which is dangerous to the human life and injurious to human health. The right to transfer or sale this privilege on consideration to earn the revenue without thinking that this trade in liquor ultimately results in degradation of human life even endangering human life and is contrary to the duty cast under the Articles 21 and ideal of prohibition enshrined in Article 47 of the Constitution. In view of the Articles 47 read with the Article 21, it is not possible to accept any privilege of the State having the right to trade in goods obnoxious and injurious to health. Sale of liquor and intoxicating drinks and drugs must be prohibited completely or allowed with strict conditions limiting its evil to the utmost.

In view of the Article 47 read with Article 21, the State is required to bring about prohibition of Liquors and other intoxicating drinks and drugs, which are injurious to health. Imposing prohibition on trade of intoxicating liquor is to achieve the directive principles administrated in the Article 47; as such, a course merits is treated as a reasonable restriction. This Hon’ble Court has held that a law of prohibition cannot be challenged on the ground of contravention of the Article 19(1)(g). A legislative measure to check menace of increasing consumption of liquors and intoxicating drinks and drugs was held to be valid. The Court held that fundamental rights are not to be read in isolation. They have to be read along with the Chapter on Directive Principles of State Policy and the fundamental duties enshrined in Article 51A. Petitioner respectfully submits that superior ideals envisaged under the Directive Principles of State Policy, from Article 38 to Article 47 can not be achieved without complete ban on liquors and other intoxicating drinks and drugs. State like Gujarat, Bihar, Tamilnadu, Kerala, Nagaland and Manipur has already taken steps to prohibit the liquor and other intoxicating drinks and drugs. Other States should also take appropriate steps to check the menace of liquors and other intoxicating drinks and drugs in spirit of Article 47 read with Article 21 of the Constitution.

LIST OF DATES AND EVENTS 23.11.1948: During discussion on the draft Article 38, an amendment was moved by Sh. Mahavir Tyagi and modified by Sh. Shibban Lal Saxena and Dr. B.R. Ambedkar sought to add at the end of the draft Article 38, as following: “and, in particular, 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”. 24.11.1948: The draft Article 38, as amended thereby was adopted by the Constituent Assembly. Later, at revision stage, it was re-numbered as Article 47 of the Constitution. 07.07.1981: 308 people died by consuming liquor in Bangalore. Police registered cases against 63 people, but none were convicted. An enquiry revealed a connection between politicians and the bootleggers. Marimuthu, a municipal councilor was main accused. Hootch was brewed from industrial alcohol, by separating Methyl Alcohol, and adding water, a dangerous process that can leave traces of poisonous Methyl Alcohol.

09.05.1992: 200 people died and 600 people were hospitalized

in

Odisha

after

drinking

toxic liquor. It was one of the biggest tragedies of its kind. The state government imposed a complete ban on alcohol in 1994; however,

the successive

government

in

1995 lifted prohibition on the ground that it was causing huge losses in revenue. 08.10.2004: 104 people died after drinking toxic alcohol in the Mumbai neighbourhood of Vikhroli. 18.05.2008: 180 people from the Bangalore and Kolar in Karnataka and Krishnagiri in Tamil Nadu were died after consuming illicit liquor made with camphor, tobacco and methyl alcohol. Several people were hospitalized and many of them lost their eyesight. Police arrested 52 people after the political uproar but later they were acquitted. 07.07.2009: 136 socially and economically downtrodden people died in Gujarat after consuming the toxic liquor. Even though, Gujarat had banned alcohol consumption

since

1961.

However, toxic alcohol, known as Hooch, is available, allegedly under the patronage of the local politicians and bootleggers.

14.12.2011:

156

farmers

and

labourers died

after

consuming toxic liquor in Sangrampur, West Bengal . Drinks contained methanol, a highly toxic chemical which, when ingested, can lead to blindness or death. 20.06.2015: 90 people died after drinking contaminated alcohol in the Laxmi Nagar slum in Malad, located in Mumbai. Another 31 people were hospitalized as a result of the incident. 06.07.2015: Mail Today investigation reveals that drugs, from ganja-charas to the more hardcore LSD (lysergic acid diethylamide), MDMA (methylenedioxyphenethylamine), ketamine and the new sensation Meow Meow (4methylmethcathinone)

and

Liquors

are

being used in college campuses in Delhi. 28.11.2015: Delhi Dy. CM said in the Assembly that Government has no plan to ban the Liquors 30.12.2015: This Hon’ble Court observed: “Court cannot be blind to the fact that a social stigma at least as far as family unit is concerned is still attached to the consumption of alcohol. Free

trade

denudes

family

resources,

reserves and leaves women and children as its most vulnerable victims.”

02.02.2016: Three students of a government school in Delhi aged between 12 and 14, confessed that for last one year, they were involved in thefts and were buying drugs. One of them confessed that he was consuming drugs for last 2 years with two friends and started committing crimes. 01.04.2016: Bihar Government banned liquor. Hon’ble CM said” “Yoga is a natural treatment process but it would be irrelevant unless complete ban is imposed on liquor. Yoga is a way of life. First principle of Yoga is to stay away from alcohol. We can’t have Yoga and liquor hand in hand”. 20.06.2016: Petitioner submitted written representation to Hon’ble CM of Delhi for ban on liquor and other intoxicating drinks and drugs. 03.07.2016: Delhi CM said: “We will form a special task force to make Punjab a “Liquor and DrugFree” State within a month. We’ll start round the clock Anti-drug toll free number, bring special law to give life imprisonment to guilty drug peddlers and smugglers and facilitate post treatment rehabilitation of liquor and drug addicts.”

17.07.2016: 21 labourers died after drinking toxic homemade liquor in Etah district in Uttar Pradesh. Victims started to vomit and fall sick, complaining of severe stomach aches and blurred vision after consuming it. 18.07.2016: Two minors were apprehended with four others for killing a security guard and his brother, and committing a robbery at the Delhi United Christian Senior Secondary School near Raj Niwas Delhi. Children were from the streets and were drug addicts. They were friendly with petty criminals, who were also drug addicts. 20.07.2016: A

drug

addict

juvenile

was

held

for

murdering a gardener at a farmhouse in Fatehpur Beri after he refused to give money to the accused. 22.08.2016: Petitioner submitted written representation to Hon’ble Prime Minister, for ban on liquor and other intoxicating drinks and drugs. 12.09.2016: Right to health is intergarl part of Article 21 and it is duty of the State to ban the liquors and intoxicating drinks and drugs in spirit of the Article 47 but they failed to do it hence this writ petition in public interest.

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO 739 OF 2016 IN THE MATTER OF: Ashwini Kumar Upadhyay S/o Sh. Suresh Chandra Upadhyay Office: 15, M.C. Setalvad Chambers Block Supreme Court of India, New Delhi-110001 Residence: G-284, Govindpuram, Ghaziabad-201013 ...Petitioner-in-Person Verses 1. Union of India Through the Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi-1100001 …Respondent-1 2. Union of India Through the Secretary, Ministry of Women and Child Development, Shashtri Bhawan, New Delhi-1100001 …Respondent-2 3. State of Andhra Pradesh Through the Chief Secretary, Government of Andhra Pradesh Secretariat, Hyderabad-504001 …Respondent-3 4. State of Arunachal Pradesh Through the Chief Secretary, Government of Arunachal Pradesh Secretariat, Itanagar-791001 …Respondent-4 5. State of Assam Through the Chief Secretary, Government of Assam Secretariat, Dispur-781001 …Respondent-5 6. State of Bihar Through the Chief Secretary, Government of Bihar Secretariat, Patna-531001 …Respondent-6 7. State of Chattisgarh Through the Chief Secretary, Government of Chattisgarh Secretariat, Raipur-794224 …Respondent-7

8. State of Goa Through the Chief Secretary, Government of Goa Secretariat, Panaji-716316 9. State of Gujarat Through the Chief Secretary, Government of Gujarat Secretariat, Gandhinagar-382021 10. State of Haryana Through the Chief Secretary, Government of Haryana Secretariat, Chandigarh-160002 11. State of Himachal Pradesh Through the Chief Secretary, Government of Himachal Pradesh Secretariat, Shimla-171004 12. State of Jammu and Kashmir Through the Chief Secretary, Government of Jammu and Kashmir Secretariat, Srinagar-190020 13. State of Jharakhand Through the Chief Secretary, Government of Jharakhand Secretariat, Ranchi-835202 14. State of Karnataka Through the Chief Secretary, Government of Karnataka Secretariat, Bangalore-560001 15. State of Kerala Through the Chief Secretary, Government of Kerala Secretariat, Trivandrum-695001 16. State of Madhya Pradesh Through the Chief Secretary Government of Madhya Pradesh Secretariat, Bhopal-462001 17. State of Maharashtra Through the Chief Secretary, Government of Maharashtra Secretariat, Mumbai-400001

…Respondent-8

…Respondent-9

…Respondent-10

…Respondent-11

…Respondent-12

…Respondent-13

…Respondent-14

…Respondent-15

…Respondent-16

…Respondent-17

18. State of Manipur Through the Chief Secretary, Government of Manipur Secretariat, Imphal-795001 19. State of Meghalaya Through the Chief Secretary, Government of Meghalaya Secretariat, Shillong-793011 20. State of Mizoram Through the Chief Secretary, Government of Mizoram Secretariat, Aizawl-796001 21. State of Nagaland Through the Chief Secretary, Government of Nagaland Secretariat, Kohima-797001 22. State of Odisa Through the Chief Secretary, Government of Odisa Secretariat, Bhubneshwar-751001 23. State of Punjab Through the Chief Secretary, Government of Punjab Secretariat, Chandigarh-160001 24. State of Rajasthan Through the Chief Secretary, Government of Rajasthan Secretariat, Jaipur-303001 25. State of Sikkim Through the Chief Secretary, Government of Sikkim Secretariat, Gangtok-737101 26. State of Tamilnadu Through the Chief Secretary, Government of Tamilnadu Secretariat, Chennai-600001 27. State of Telangana Through the Chief Secretary, Government of Telangana Secretariat, Hyderabad-504001

…Respondent-18

…Respondent-19

…Respondent-20

…Respondent-21

…Respondent-22

…Respondent-23

…Respondent-24

…Respondent-25

…Respondent-26

…Respondent-27

28. State of Tripura Through the Chief Secretary, Government of Tripura Secretariat, Agartala-799001 …Respondent-29 29. State of Uttar Pradesh Through the Chief Secretary, Government of Uttar Pradesh Secretariat, Lucknow -226001 …Respondent-29 30. State of Uttarakhand Through the Chief Secretary, Government of Uttarakhand Secretariat, Dehradurn-248001 …Respondent-30 31. State of West Bengal Through the Chief Secretary, Government of West Bengal Secretariat, Kolkata-731121 …Respondent-31 32. State of NCT of Delhi Through the Chief Secretary, Government of NCT of Delhi Secretariat, New Delhi-110001 …Respondent-32 33. State of Pondicherry Through the Chief Secretary, Government of Pondicherry Secretariat, Pondicherry-605001 …Respondent-33 34. National Commission for Women Through its Chairperson 21, Jasola Institutional Area, Jasola, New Delhi-110025 …Respondent-34 35. National Human Right Commission Through its Secretary Manavadhikar Bhawan, INA Block-C, New Delhi-110003 …Respondent-35

ISSUE A DIRECTION OR ORDER OR WRIT INCLUDING WRIT IN THE NATURE OF MANDAMUS OR SUCH OTHER WRIT, ORDER OR DIRECTION AS MAY BE NECESSARY; DIRECTING THE RESPONDENTS TO TAKE STEPS FOR PROHIBITION OF LIQUORS AND OTHER INTOXICATING DRINKS AND DRUGS IN SPIRIT OF THE ARTICLE 47 READ WITH ARTICLE 21 OF THE CONSTITUTION OF INDIA

To, HON’BLE CHIEF JUSTICE OF INDIA AND LORDSHIP’S COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA HUMBLE PETITION OF ABOVE-NAMED PETITIONER THE MOST RESPECTFULLY SHOWETH AS UNDER: 1. That writ petition is not guided by self-gain or for gain of any other individual person institution or body. There is no motive other than of larger public interest in filing this writ petition. Petitioner has no personal interests or individual gain, private motive or oblique reasons in filing this writ petition. This writ petition is totally bona-fide with the sole purpose of larger public interest. 2. That the source of averments made in the present writ petition is personal knowledge and information collected from various sources, including newspapers, websites and government

reports.

This

writ

petition

is

filed

for

prohibition of liquor and other intoxicating drinks and drugs in all the States in spirit of the Article 47 read with the Article 21, without which the great golden goals as set out in Preable of the Constitution canot be achieved. 3. That present writ petition is for the benefit of the EWS and BPL families, socially-economically down trodden people of our country but they are incapable of accessing the Court themselves. Petitioner is filing this PIL for implementation of Article 47 in spirit of Article 21 of the Constitution.

4. That the Union and State Governments are likely to be affected by the orders sought in this petition and they have been impleaded as Respondents. Petitioner submits that

to

its

knowledge,

no

other

persons,

bodies,

institutions are likely to be affected by this petition. 5. That petitioner is an Advocate, practicing before this Hon’ble Court and High Courts and a social-political worker, contributing his best to the development of the socially-economically downtrodden people of the country and ameliorating their condition. Petitioner has been worked with Sh. Anna Hazare and actively participated in “India Against Corruption Movement” and has been Founder Member of Aam Aadmi Party. Now Petitioner is Spokesperson for BJP but filing this writ petition in his personal capacity. Petitioner firmly believes that the great golden goals, as set out in Preamble of the Constitution cannot be achieved without curbing the corruption and criminalization of polity and for this, Electoral, Police, Judicial,

Education

and

Administrative

Reform

is

necessary. Petitioner is working on these five reforms. This Hon’ble Court has issued notice on Petitioner’s PIL for Electoral

Reform

(800/2015)

and

Judicial

Reform

(295/2016). Petitioner states that it is duty of the Executive to ban the liquor and other intoxicating drinks and drugs in spirit of Article 47 read with Article 21.

6. That beside the personal follow-up with appropriate authorities since last two years, petitioner submitted a written representation to Hon’ble Chief Minister of Delhi on 20-06-2016, requesting him to take steps to ban the liquor and other intoxicating drinks and drugs in spirit of the Article 47 read with the Article 21 but not received any response till date. True Copy of the written representation is annexed as Annexure-1. (Page 64-65) 7. That beside the personal follow-up with appropriate authorities since last two years, petitioner submitted a written representation to Hon’ble Prime Minister on 22-08-2016, requesting him to take steps to ban the liquor and other intoxicating drinks and drugs in spirit of the Article 47 read with the Article 21 but not received any response till date. True Copy of the written representation is annexed as Annexure-2. (Page 66-71) 8. That Petitioner is filing this PIL under the Article 32 for complete ban on liquors and other intoxicating drinks and drugs in spirit of the Artcile 47 read with Article 21. It will help in curbing the physical and mental disorders like blackouts, memory loss, anxiety, brain damage, mouth throat and liver cancer, hypertension, heart attack, kidney failure, impotency, infertility, skin diseases, suicides, road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils.

9. That reminding all the State governments that the Constitution places a responsibility on them to “at least contain, if not curtail, consumption of alcohol”, this Hon’ble Court approved Kerala’s new liquor policy that prohibits drinking in public and restricts serving of alcohol to five-star hotels. The Division Bench of Hon’ble Justice Vikramjit Sen and Justice Shiva Kirti Singh held: “Strict regulation is imperative to discourage regular and excessive consumption of alcohol. Not granting bar licences to hotels other than five-star establishments have to be viewed as a positive step towards bringing down the consumption of alcohol or as preparatory to prohibition. Court cannot be blind to the fact that a social stigma at least as far as the family unit is concerned is still attached to the consumption of alcohol. Free trade in alcohol denudes family resources and reserves and leaves women and children as its most vulnerable victims.” Liquor consumption, results in many physical and mental disorders like blackouts, memory loss, anxiety and brain damage. It affects behavior and ability to learn and remember. It is the second biggest risk factor for mouth, throat and liver cancer. It causes hypertension, which increases the risk of heart attack and brain damage. It weakens heart muscles and affects the lungs, liver, brain and many other body systems.

10.

That alcoholism results in many serious physical and

mental diseases like kidney failure, impotence, infertility, weight gain, skin diseases and suicides. Consumption of liquor, intoxicating drinks and drugs is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils. Right to health is an integral part of right to life guaranteed under the Article 21 and it is the duty of the State to take steps to prohibit the consumption of liquor, other intoxicating drinks and drugs in spirit of the Article 47. In fact, the Article 47 starts with the phrase “Duty of the State” and the duty is to improve public health. Hence, this Hon’ble Court can enforce this duty against a defaulting State. The duty, to improve public health, especially of poverty-stricken people, who are major consumers of liquor and other intoxicating drinks and drugs, and to protect them from its injurious effect, must be discharged by all the States, by endeavouring to bring about the prohibition in letter and spirit of Article 47 read with the Article 21. The idea of prohibition of liquors and other intoxicating drinks and drugs is connected with public health, and to enforce it effectively, wider definition of the word “Liquor” would have to be adopted to include all alcoholic liquids, which may be used as substitutes for intoxicating drinks and detriment to the health.

11.

That hundreds of the people die every year due to

alcohol poisoning, mostly from consuming cheap hooch. Most of these victims are labourers and farmers and cannot afford branded Alcohol. India has a thriving moonshine industry, and methanol-tainted batches have killed over 1,000 people in last decade. In 1976, 100 people died in Gujarat due to toxic liquor consumption. In 1980, 44 people died in Haryana. In 1981, 308 people died in Karnataka. In 1986, 108 people died in Gujarat. In 1987, 200 people died in Gujarat. In 1988, 32 people died in Gujarat. In 1992, 200 people in Odisha. In 2001, 27 people died in Bombay.

In 2004, 87 people died in

Mumbai. In 2006, 22 people died in Orissa. In 2008, 148 people died in Karnataka and Tamil Nadu.

In 2009, 27

people died in Kolkata. In 2009, 29 people died in Uttar Pradesh. In 2009, 136 people died in Gujarat. In 2009, 30 people died in Delhi. In 2009, 30 people died in Orissa. In 2010, 35 people died in Ghaziabad. In 2010, 23 people died in Kerala. In 2010, 10 people died in Uttar Pradesh. In 2011, 17 people died in Andhra Pradesh. In 2011, 170 people died in in Sangrampur. In 2012, 17 people died in Andhra Pradesh. In 2012, 31 people died in Orissa. In 2012, 18 people died in Gurdaspur district of Punjab. In 2013, 40 people died in Azamgarh in UP and in 2015, 90 people died in Mumbai due to toxic liquor consumption.

12.

That alcohol-related deaths are a major cause of

concern. In 2012 alone, about 3.3 million deaths in India were attributed to alcohol consumption. This amounts to some 5.9 % of global deaths that year. On the WHO's "Years of Life Lost" (YLL) scale, a measure of premature mortality, alcohol, attributed years of life lost puts India on a precarious 4 on a scale of 1 to 5. This means that a large number of people from India lose their lives early due to alcohol consumption and its fallouts. There are numerous

health-related

problems

due

to

excessive

consumption of alcohol. Alcoholism is one of the leading causes of liver cirrhosis and failure. About 10 % of strokes, tuberculosis, hypertension and epilepsy are caused by alcohol consumption. As per the World Health Organisation (WHO) Global Status report on Alcohol and Health, about 38.3 % of the world's population is reported to consume alcohol regularly. About 30 % of India's population, just less than a third of the country's populace, consumes alcohol regularly. Some 11 % are moderate to heavy drinkers. The average Indian consumes about 4.3 litres of alcohol per annum, while the rural average is much higher, at about 11.4 litres a year. According to Organization for Economic Cooperation and Development (OECD) report, released in May 2015, alcoholism increased by 55 % between 1992 and 2012.

13.

That alcoholism is a quickly rising concern among

the youth of the country. Apart from the health concerns, it is one of the greatest causes of poverty in the country. Primary bread-earners are 10 times more likely to report alcohol abuse in the country. The regular consumption of alcohol is also inversely proportional to the family income. This means that consumption increases significantly with diminishing income. Further, consumption of local brews and toddy is a major health risk for Indians, especially those from the lower economic groups. Manufacture sale and intake of toxic homemade liquor brewed with dangerous ingredients takes a number of lives each year. In 2009, in Gujarat about 136 lives were lost in one single incident. The State then came up with the death penalty for selling such "country liquor". In January 2015, about 94 people lost their lives due to consumption of toxic liquor in Maharashtra. Punjab had always been in the news for alcohol consumption, though Dadra & Nagar Haveli, Arunachal Pradesh, Andaman & Nicobar Islands, Andhra Pradesh, Daman & Diu, Sikkim and Puducherry, are among the highest consumers of alcohol and spirits in the

country. The

consumption

of

liquor

in

Punjab

increased by almost 60 % between 2007 and 2012 and most new addicts were found to be among the youth, and in the age group of 15 to 35 years.

14.

That there is hardly a family in the rural areas of

Punjab, where one or the other member does not indulge in liquor or substance abuse. Fatal accidents occur frequently

because

many

drivers,

particularly

truck

drivers, do not drive without first consuming alcohol or some other intoxicant. The State government earns revenue between Rs 4,000 and 5,000 crore per annum. Excise collection in Bihar is also around Rs 4,000 crore per year. If Bihar could afford to bear this loss, there is no justification for other States not to follow suit. In fact, the loss of revenue is rather a gain in terms of health benefits and

considering

the

social

evils

related

to

liquor

consumption. One of the reasons of suicidal deaths in rural Punjab is also attributed to the compulsion of lavish spending to maintain the social status, during marriage functions where there is considerable expenditure on alcohol. It, however, needs the will to do so leaving aside the vote politics. No religion advocates use of alcohol. While Islam as a religion prohibits the consumption of alcohol and Hinduism mentions it as one of the moral evils, a true Sikh is also not supposed to consume alcohol. All Sikhs the world over hold the Akal Takht in high esteem. A Hukamnama from this holy place may go a long way to free the state from this menace. It is duty of the State to implement the Article 47 in letter and spirit.

15.

That 15 people die every day or one every 96 minutes,

from the effects of drinking alcohol, reveals an analysis of 2013 National Crime Records Bureau data. The per capita consumption of alcohol in India increased 38%, from 1.6 litres in 2003-05 to 2.2 litres in 2010-12, according to a World Health Organization report, which also revealed that more than 11 % of Indians were binge drinkers, against the global average of 16 %. The data explains the wide political support for crackdowns on alcohol, although experts point out that alcohol is a health problem not a moral one. In Tamil Nadu, J Jayalalithaa shut down 500 liquor stores on May 23, the first day of her fourth term as Chief Minister. In April, Bihar imposed prohibition a ban on the sale, production and consumption of alcohol. In August 2014, Kerala restricted the sale of liquor to fivestar hotels. Pre-poll surveys in Kerala and Tamil Nadu found wide support for prohibition, 47 % of men and women in Kerala and 52 %

in Tamil Nadu, the Indian

Express reported. The leading reason for the ban, was alcohol-fuelled

domestic

violence.

Before

the

latest

crackdowns on alcohol, Gujarat and Nagaland were the only Indian States with complete prohibition. Maharashtra reported the most alcohol-related deaths, followed by MP and Tamil Nadu, according to NCRB data. High rates of alcoholism correlate with high crime rates.

16.

That major crimes and accidents are fuelled by

alcohol, which also leads to sexual harassment and robberies. Alcohol abuse is also the reason why Tamil Nadu has the largest number of widows under 30 years of age. A quarter of all hospital admissions and 69 % of all crimes in Kerala are due in part to intoxication, according to an NGO “Alcohol and Drug Information Centre”. Five people died every day in 2014 after drinking spurious liquor. In 2015, consumption of illegally brewed liquor claimed more than 100 lives in Malwani, Mumbai, triggering widespread outrage. As many as 1699 people died in 2014 after consuming spurious/illicit liquor, an increase of 339 % from 387 in 2013. The data for deaths due to alcohol influence nationally as well as state-wise has been stopped since 2014 and is included in sudden deaths overall. Therefore, petitioner has taken the 2013 figures and analyzed accordingly. There is a possibility of more deaths due to alcohol influence under the heart attacks/epilepsy category. The average age of children indulging in substance abuse in Delhi is 13.7 years, according to a study by Delhi Commission for Protection of Child Rights. Study found that 100 % of the children in conflict with the law were drug abusers, 95.5 % of them staying in childcare institutions were on drugs and 93 % of street children consumed narcotics.

17.

That to counter the liquor mafia, Gujarat government

in 1996 formed the State Prohibition Department, which was dismantled in 2006 because of shortage of police personnel. During the tenure of the department, there were no incidents of alcohol poisoning. On 07.07.2009, ten people died in Behrampura after drinking spurious liquor. The death toll rose to 43 next day and crossed 120 by 12 July. 276 people were admitted in various hospitals with nearly 100 of them in ICU. More than 1000 litres of hooch containing methanol was brought to Ahmedabad from Mohammadabad. Following the tragedy, the police conducted

more

than

8000

raids

persons for violation of prohibition.

and booked 6713 State government

introduced a bill in the Assembly to amend the Prohibition Law, calling for penal action up to the death penalty for those convicted in spurious liquor cases. On 14.12.2011, a methanol-tainted batch of illegal alcohol killed 156 people, affecting mainly manual workers in the eastern province of Sangrampur in West Bengal. Victims started becoming sick after drinking a home-brewed alcoholic beverage known as chepti. It contained methanol, a highly toxic chemical which lead to blindness or death. Within 48 hours, the death toll rose to 156 and many more were in critical condition. Most who died were manual laborers and others of low socio-economic class.

18.

That on 20.06.2015, a number of people fell ill after

drinking contaminated alcohol in Mumbai.

100 people

died as a result of drinking this alcohol and another 31 were hospitalized. Alcohol is banned in some States, but it is legally consumed in the majority of States. There are believed to be 62.5 million people in India who at least occasionally drink alcohol. Unlike many western countries the consumption of alcohol in India is witnessing a dramatic rise, for instance, between 1970 and 1995 there was a 106.7% increase in the per capita (this means per individual in the population) consumption. International brewers and distillers of alcoholic beverages are keen to become popular in India, because it is potentially offers the third largest market for their product globally. India has also become one of the largest producers of alcohol – it produces 65% of alcoholic beverages in South-East Asia. Most urban areas have witnessed an explosion in the number of bars and nightclubs that have opened in recent years. India is a vast sub-continent and the drinking habits vary greatly between the different states. It is therefore impossible to describe a single drinking culture for the whole of India. Those who live in the south western state of Kerala are the heaviest drinkers. People of Kerala drink an average of 8 liters per capita, and this is four times the amount of the rest of India.

19.

That other areas of the continent where people tend

to drink relatively heavily include Haryana and Punjab. In some parts of India, there is hardly any drinking culture to speak of – in some of States alcohol is banned completely. In recent years, there has been a noticeable rise in the number of urban males who claim to use alcohol as a means to relax. It still tends to be the poor and those who live in rural areas that are the highest consumers of alcohol. It is believed that as little as 5% of alcohol consumers are female – although this figure is higher in some states. Indians prefer hard liquors and distilled spirits over beers – 80% of consumption involves these stronger beverages. It is suggested that 20% of the population has at least tried alcohol. In the past two decades the number of people who have consumed alcohol has moved from 1 in 300 to 1 in 20. The Lancet reported that more than half of those who consume alcohol in India would fall into the category of hazardous drinking. It has been suggested that there are a worryingly 14 million people in India who would be described as dependent on alcohol and in need of help. Another concern is the increasing tendency to engage in binge drinking where people deliberately become intoxicated. It is not necessary for people to drink alcohol every day in order for them to develop problems.

20.

That the most dangerous pattern of drinking is binge

drinking where the individual consumes an excessive amount in a short period. The individual might only drink once or twice a week but they can still suffer from negative consequences. If the person’s blood alcohol concentration rises too fast it can lead to alcohol poisoning. This state of inebriation can be potentially fatal. Binge drinkers can cause damage to almost every organ in their body, it can also lead to fatty liver which is the first stage in alcoholic liver disease. This pattern of drinking puts the individual at risk of developing alcoholism. Once the individual reaches this stage, it can mean that alcohol completely takes over their life. It can lead to blackouts – this is where people have no memory of their actions for a period. Some people react badly to intoxication. They can become aggressive and do things they later regret. Hangovers means individual is unable to fulfill their responsibilities the next day. It can trigger symptoms of depression. India once had a reputation as having a culture that promoted abstinence towards drugs like alcohol. Things have changed and there is now serious problems arising due to alcohol abuse in India but Executive is not taking steps in this regard. An increasing number of people are becoming dependent on alcohol. This makes it difficult for them to function normally within society.

21.

That domestic and sexual abuse is associated with

alcohol and this type of behavior is damaging the communities. Those individuals who engage in this type of behavior can begin to fail in their ability to meet family, social, and work commitments. Families suffer financially because of this. Business and the economy suffer because of lost productivity with people coming to work still suffering from the effects of alcohol. Drinking and driving is responsible for most of the fatal accidents. Underage drinking is becoming a greater problem. Different States have different age limits for alcohol consumption, varies from 18 to 27 years. It is common for people to begin drinking before the legal age limit. For those young people who are still in adolescence, it interferes with their normal development. This type of behavior can particularly interfere with crucial mental development that occurs at this age. Underage drinking encourage sexual promiscuity and is closely related to teen suicide. Those people who drink at an early age are far more likely to develop alcoholism. Such young people perform badly at school or college. This means that their opportunities in the future will be limited. Even those who are young can develop alcoholism and all the physical and mental problems that come with this. There are many teenagers, who use alcohol as a stepping-stone to harder drugs.

22.

That the India reporting as many as 1.34 lakh fatal

road accidents every year and 70 % of them being due to drunken driving. Questions are now being raised on whether the mushrooming growth of liquor vends along the highways is responsible for costing precious lives in an untimely manner. The Community Against Drunken Driving (CADD) said nearly 70 % of all fatalities are due to drunken driving, with the figure running between 44 % to 67 % in smaller cities. Despite prosecution of drunken driving having increased by about seven times in Delhi and 16 times in Mumbai since 2001, there has been no corresponding decrease in accidents and fatalities. 24 hour availability of alcohol along National and State highways results in impulsive buying of alcohol and about 72 % of road accidents on highways. The World Day for Remembrance of Road Accident Victims needs to be observed as a significant day especially in the Indian context as we record the highest road fatalities at 134,000 annually. Road deaths and injuries are sudden, violent, traumatic events, and their impact is long lasting. About 56 accidents and nearly 14 deaths occur on our roads per hour; it is significant to note that the number of persons killed per lakh of population has risen to about 11 and simultaneously. India records the highest per capita consumption of alcohol in South East Asia.

23.

That it is significant to note that the State of Kerala,

which has about 4.3 % of registered vehicles, reports a high 7.3 % of accidents, it also has the highest per capita consumption of alcohol. Each day, nearly 3,500 people die on the roads worldwide. Tens of thousands more are injured. Families are broken apart. The future of young people is dashed. Road accidents have become the leading cause of death for people aged 15 to 29 years. While the number of victims is on the rise in India, it is decreasing in many other leading nations, including China, the only country with more inhabitants than India. In India an accident occurs on the streets nearly every minute, and someone dies nearly every four minutes. According to government figures, 125,660 people were killed in various accidents in the year 2009. Deaths and injuries due to road mishaps are a national problem that must be addressed immediately. The damage caused by them is enormous in terms of lives and injuries as also the national cost involved in treating over 5 lakh people who get injured every year. At a time when alcohol-related deaths are on the rise, the suggestion of Bihar Chief Minister Sh. Nitish Kumar to ban alcohol in India will prove to be the perfect elixir for the problem. Alarmingly, the number of alcohol-related deaths has witnessed a sharp rise of 21% in 2012 over corresponding period 2013.

24.

That national Crime Records Bureau data revealed

that in last five years, there has been a continual rise in the total number of alcohol-related deaths. During the period ranging from 2008 to 2012, this figure saw a steep rise of 27% from the level of 4308 to 5478. A massive increase of 21% was alone witnessed in 2012 when death figure zoomed to 5478 as against 4547 cases registered in 2011. WHO Global Status Report, 2011 on alcohol and health stated that the harmful use of alcohol results in approximately 2.5 million deaths each year. Almost 4 % of all deaths worldwide are attributed to alcohol only. Alcohol-related deaths are on the rise. We are seeing the clinical population. There are multiple of factors, which are responsible for the rise in alcohol related deaths. Factors include level of alcohol consumption has gone up, age of consuming alcohol has receded over the years, social acceptance has increased and laws have become a bit slack, unawareness about the complications associated with alcohol. State-wise analysis of 2012 data revealed that maximum number of alcohol-related deaths occurred in Maharashtra (1514), followed by Madhya Pradesh (564), Karnataka (415), Haryana (367), Punjab (273). In 2011, Maharashtra topped the list with the highest death cases (1185) followed by Madhya Pradesh (486), Haryana (309), Karnataka (304), and Chhattisgarh (270).

25.

That city-wise analysis of 2012 data showed that

Mumbai topped the list with 166 alcohol-related deaths. Delhi came second with 142 death cases followed by Nagpur (140), Bengaluru (121), and Jaipur (61). However, in 2011, it was Chennai, which registered the maximum deaths of 281, followed by Delhi (140), Mumbai (112), Nagpur (95), and Bengaluru (79). Alcohol-related causes of death

include

complications

road and

traffic brain

accidents,

related

liver

related

problems.

Alcohol

consumption dulls the responses while driving and chances of road accidents are high. In the long run, alcohol leads to brain related complications. It also develops forgetfulness. Moreover, it is expected that alcohol consumption will increase in India. According to the report released by Associated Chambers of Commerce and Industry of India (Assocham), alcohol consumption in India crossed 19,000 million litres in 2015 from the level of 6,700 million litres witnessed in 2011. Whenever the usage of alcohol will increase, deaths would increase in the same proportion. Most of the people start by some kind of an experimental use. A global study has found out that alcohol consumption in India has risen by 55% over a period of 20 years. More worryingly, the young are getting initiated to alcohol much earlier, while more women are indulging in hazardous and binge drinking.

26.

That the Paris-based Organization for Economic

Cooperation and Development (OECD) recently published a report examining the economic and health implications of alcohol use among its 34 member and a few nonmember countries. Among a list of 40 nations, India got the third position, for shooting alcohol intake between 1992 and 2012. Countries that closely followed India were China, Israel and Brazil. OECD report said heavy drinking was alarmingly on the rise among youth and women. "An increasing proportion of children experience alcohol and drunkenness at early ages. Girls have caught up with boys in the past 10 years," it stated. The percentage of under15 boys who have not had alcohol went down from 44% to 30%, while for girls it decreased from 50% to 31% in the 2000s. The trend of heavy drinking witnessed among the young has experts worried. "It can be dangerous and have long-term effects such as habit formation or other chronic conditions," said hepatologist Dr Aabha Nagral, who consults with Jaslok Hospital. Binge drinking among the youth has also been associated with increased possibilities of road accidents and disabilities in the report. WHO report said that about 30% of Indians consume alcohol, out of which 13% are daily consumers and up to 50% of these fall under the category of hazardous drinking but unfortunately our Exectuves have close their eyes on it.

27.

That the OECD researchers evaluated that drinkers

from member states were downing an equivalent of over nine litres of pure alcohol per year, which further rose by a few units if home brewed and illegal stocks were taken into account. "All of this amounts to drinking over 100 bottles of wine, or 200 litres of beer, in a year," the report stated. The findings have set alarm bells ringing within the medical fraternity and health activists who are demanding a national policy to curb alcohol use, which is associated with over 200 ailments of the liver, heart, pancreas, brain, and even causing cancer. The report has pointed out how alcoholism cuts through classes and afflicts a poor man and an affluent woman alike. Dr Pankaj Chaturvedi, who consults with Tata Memorial Hospital said, "Alcohol is causally related to cancers of the mouth, oropharynx, liver, oesophagus and breast. It is appalling that such a toxic and carcinogenic compound is being brazenly advertised and consumed by an ever-increasing number of youngsters without any warning." The rapid rise in alcohol consumption is not without any economic ramifications. A developing nation loses around 1 % of its annual output due to lost productivity of drunken workers. The report, without delving much into who drank how much and what, said alcohol practices varied from country to country and depended on culture and practices.

28.

That it is crucial to understand that the previously

followed British Society of Gastroenterology guidelines, which suggested consuming three units a day for men and two units for women as relatively safe, may no longer be the thumb-rule. The alcohol concentration may vary or the quantities may not be same. More importantly, we have noticed that even with moderate drinking one can develop liver

disease

over

a

period. The

fact

that

alcohol

consumption for youngsters or women is no longer a taboo in our society has brought about the big shift in trend. A positive aspect, though, as stated in the report, is that if users can cut down even one unit of alcohol per week, it can bring about a great difference to the disease graph. Alcohol use is responsible for about 4 % of global burden of disease. However, current drinking has been found to disproportionately raise the risk of cardiovascular disease, cancer and injury.

38 % current drinking is associated

with increased risk of cardiovascular disease, cancer and injury in India. High alcohol consumption is associated with increased risk of mortality, cancer, and injury, and a non-significantly reduced risk of myocardial infarction. People who consumed liquor seemed to have higher hazards of mortality, brain and heart stroke, mouth and lung cancer, abdominal injury, admission to hospital and other mental disorder.

29.

That Article 47 of the Constitution uses the words

prohibition of the consumption except for medicinal purposes. It seems to suggest that the use of liquor for making medicinal preparations only has to be construed in the light of the Directive Principles of the State Policy of bringing about prohibition of intoxicating drinks and of drugs, which are injurious to health. State is duty bound to protect human life and improve public health in spirit of the Article 21 of the Constitution and for that purpose to move towards prohibition. It is contradictory for the States,

to

claim

that

they

have

the

privilege

to

manufacture and sale of alcoholic beverages, which is dangerous to the human life and injurious to human health. The right to transfer or sale this privilege on consideration to earn the revenue without thinking that this trade in liquor ultimately results in degradation of human life even endangering human life and is contrary to the duty cast under the Articles 21 and ideal of prohibition enshrined in Article 47 of the Constitution. In view of the Articles 47 read with the Article 21, it is not possible to accept any privilege of the State having the right to trade in goods obnoxious and injurious to health. Sale of liquor and intoxicating drinks and drugs must be prohibited completely or allowed with strict conditions, limiting its evil to the utmost.

30.

That restrictions imposed by a law providing for the

prohibition of consumption or production of liquor cannot be challenged as violative of Article 19(1)(g) inasmuch as dealing in liquor cannot be regarded as a “trade or business” within the meaning of Article 19 (1)(g). In view of the complete prohibition of consumption of liquor in Article 47, there could not be any fundamental right to manufacture and sell intoxicating liquor. Article 47 seeks to make it the primary duty of the State to be concerned about the improvement of (a) nutrition levels (b) standard of living, and (c) health of the people. To this end, the State is given the special directive to prohibit the use of intoxicating

drinks

and

drugs

except

for

medicinal

purposes. Prohibition policies adopted by some States from time to time have been justified under this directive. Primary duty of the Government is to secure the welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a Welfare State. The Government discharges this obligation by running hospitals and health centers, which provide medical care to the person seeking to avail of these facilities. Preservation of human life is thus

of

paramount

importance.

Article

21

of

the

Constitution imposes an obligation on the State to safeguard the right to life of every person.

31.

That in view of the Article 47 read with Article 21, the

State is required to bring about prohibition of Liquors and other intoxicating drinks and drugs, which are injurious to health. Imposing prohibition on trade of intoxicating liquor is to achieve the directive principles administrated in the Article 47; as such, a course merits is treated as a reasonable restriction. This Hon’ble Court has held that a law of prohibition cannot be challenged on the ground of contravention of the Article 19(1)(g). A legislative measure to check menace of increasing consumption of liquors and intoxicating drinks and drugs was held to be valid. The Court held that fundamental rights are not to be read in isolation. They have to be read along with the Chapter on Directive Principles of State Policy and the fundamental duties enshrined in Article 51A. Petitioner respectfully submits that superior ideals envisaged under the Directive Principles of State Policy, from Article 38 to Article 47 can be achieved without complete ban on liquors and other intoxicating drinks and drugs. State like Gujarat, Bihar, Tamilnadu, Kerala, Nagaland and Manipur has already taken steps to prohibit the liquor and other intoxicating drinks

and

drugs.

Other

States

should

also

take

appropriate steps to check the menace of liquors and other intoxicating drinks and drugs in spirit of Article 47 read with Article 21 of the Constitution.

32.

That on 23.11.1948, during discussion on the draft

Article 38, an amendment was moved by Sh. Mahavir Tyagi and modified by Sh. Shibban Lal Saxena and Dr. B.R. Ambedkar sought to add at the end of the draft Article 38, as following: “and, in particular, 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”. On 24.11.1948, the draft Article 38, as amended thereby was adopted by the Constituent Assembly. Later, at revision stage, it was renumbered as Article 47 of the Constitution. 33.

That on 07.07.1981, 308 people died by consuming

liquor in Bangalore. Police registered cases against 63 people, but none were convicted. An enquiry revealed a connection

between

politicians

and

the

bootleggers.

Marimuthu, a municipal councilor was main accused. Hootch was brewed from industrial alcohol, by separating Methyl Alcohol, and adding water, a dangerous process that can leave traces of poisonous Methyl Alcohol. 34.

That on 09.05.1992, 200 people died and 600 people

were hospitalized in Odisha after drinking toxic liquor. It was one of the biggest tragedies of its kind. Government imposed a complete ban on alcohol in 1994; however, the successive government in 1995 lifted prohibition on the ground that it was causing huge losses in revenue.

35.

That 104 people died on 08.10.2004, after drinking

toxic alcohol in the Mumbai neighbourhood of Vikhroli. 180 people from the Bangalore and Kolar in Karnataka and Krishnagiri in Tamil Nadu were died after consuming illicit liquor on 18.05.2008, made with camphor, tobacco and methyl alcohol. Several people lost their eyesight. Police arrested 52 people after the political uproar but later they were acquitted. 136 poor people died in Gujarat on 07.07.2009, after consuming the toxic liquor. Even though, Gujarat had banned alcohol consumption since 1961. However, toxic alcohol, known as Hooch, is available, allegedly under the patronage of the local politicians

and

bootleggers.

156

labourers

died

on

14.12.2011 after consuming toxic liquor in Sangrampur, West Bengal . It contained methanol, highly toxic chemical which, when ingested, can lead to blindness or death. 90 people died on 20.06.2015, after drinking contaminated alcohol in in Mumbai. Another 31 people were hospitalized as a result of the incident. On 06.07.2015, Mail Today investigation reveals that drugs, from ganja-charas to the more hardcore MDMA (methylenedioxyphenethylamine), LSD (lysergic acid diethylamide), ketamine and the new sensation

Meow

Meow

(4-methylmethcathinone)

Liquors are being used in college campuses in Delhi.

and

36.

That on 30.12.2015, this Hon’ble Court approved

Kerala’s liquor policy and said: “Court cannot be blind to the fact that a social stigma at least as far as family unit is concerned is still attached to the consumption of alcohol. Free trade denudes family resources, reserves and leaves women and children as its most vulnerable victims.” 37.

That on 02.02.2016, three students of a government

school in Delhi aged 12-14 years, confessed that they were involved in thefts and were buying drugs. One of them confessed that he was consuming drugs for last 2 years with two friends and started committing crimes. 38.

That on 01.04.2016, Bihar Government banned

liquor.

Hon’ble Chief Minister Sh. Nitish Kumar said:

“Yoga is a natural treatment process but it would be irrelevant unless complete ban is imposed on liquor and other intoxicating drinks and drugs. Yoga is a way of life. First principle of Yoga is to stay away from alcohol. We can’t have Yoga and liquor hand in hand”. 39.

That on 03.07.2016, Hon’ble Chief Minister of Delhi

said: “We will form a special task force to make Punjab a ‘Liquor-Free and Drug-Free’ State within a month. We’ll start round the clock Anti-drug toll free number, bring special law to give life imprisonment to guilty drug peddlers and smugglers and facilitate post treatment rehabilitation of liquor and drug addicts.”

40.

That 21 labourers died on 17.07.2016, after drinking

toxic liquor in Etah district in Uttar Pradesh. Victims started to vomit and fall sick, complaining of severe stomach aches and blurred vision after consuming it. 41.

That on 18.07.2016, two minors were apprehended

with four others for killing a security guard and his brother, and committing a robbery at the United Christian Senior Secondary School near Raj Niwas Delhi. Children were from the streets and were drug addicts. They were friendly with petty criminals, who were also drug addicts. 42.

That on 20.07.2016, a drug addict juvenile was held

for murdering a gardener at a farmhouse in Fatehpur Beri after he refused to give money to the accused. 43.

That enjoyment of life and its attainment including

right to life and human dignity encompasses within its ambit availability of articles of food, without insecticides or pesticides, residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. Any food or drinking article, which is hazardous or injurious to public health, is a potential danger to the fundamental right to life, guaranteed under the Article 21. A paramount duty is cast on the State and its authorities to achieve an appropriate level of protection to human life and health, which is a fundamental right, guaranteed to citizens under Article 21 of the Constitution.

44.

That legal drinking age and the laws, which regulate

the sale and consumption of alcohol, vary significantly from State to State. Consumption of alcohol is prohibited in Gujarat, Bihar, Manipur, Nagaland and Lakshadweep. Kerala government has planned to implement almost full prohibition on liquor in a phased manner. However, alcohol consumption in Delhi has risen over 55% over a period of 5 years. Liquor in Delhi is sold at liquor stores, restaurants, hotels, bars, pubs, clubs and discos. Delhi permits home delivery of beer and wine by private venders and departmental stores. Sale of beer at departmental stores, banquet halls and farmhouses, is legal. There would be a drop in number of road accidents, less cases of domestic violence, day workers would be bound to secure money they now use on buying alcohol, chances of diseases, which occur due to alcoholism, would become minimal, etc. Alcohol is the primary reason for physical and mental disorders, road accidents and road rages, rapes and murders and other crimes that happen under its influence. According to a study by Delhi Commission for Protection of Child Rights, the average age of children indulging in substance abuse is 13.7 years. 100 % of the children in conflict with the law were drug abusers, 95.5 % of them staying in childcare institutions were on drugs and 93% of street children consumed narcotics.

45.

That street children are on a perpetual high of

smack, brown sugar, marijuana (ganja) and hashish (charas). Those who cannot afford these are addicted to inhalants like ink eraser fluid, petrol, iodex and glue. Others are hooked to sleeping pills and cough syrup. Most of them are on a cocktail of drugs and share the same needle, increasing their vulnerability to AIDS. The highest numbers

of

children

consuming

drugs

are

school

dropouts. As many as 88 % of children got addicted to drugs due to peer pressure, 57 % of street children have been on drugs for more than 05 years and 56 % of them want to quit substance abuse. DCPCR interviewed 500 street students, 500 children living in children’s homes, 500 children in childcare institutions. Data also collected from departments of Women and Child Development, Health and Family Welfare, Education and from National Institute of Social Defence, Ministry of Social Justice and Empowerment, apart from NGOs, National Commission for Protection of Child Rights, Legal Services Authority and from UN organisations working for children in Delhi like UNODC, UNICEF and WHO. DCPCR’s Chairperson Mr. Arun Mathur says: “Substance abuse by children needs to be addressed immediately. Places where children are more prone to drugs should be identified. After that, the government can think of de-addiction and rehabilitation.”

46.

That department of Women and Child Development is

finding out the exact number of addicted street children. The department’s Assistant Director Mr. S.C. Vats told “Around 90 to 93% of street children are consuming drugs. We plan to assess the problem.” He said that places like Yamuna Bazaar, Red Fort, Chandni Chowk, Jama Masjid,

Connaught

Place,

Mehrauli,

Chhattarpur,

Badarpur, Mahipalpur, Rohini, Civil Lines, Old Delhi, Seelampur and Sultanpuri, railway stations, bus stops and depots, East and North East Delhi Pusta roads, slums in Jahangirpuri and Nand Nagri are filled with children consuming drugs. He added that the department gets 5 to 6 calls per day from parents or family members of children and college students about their addiction. Recently, the mother of a 14-year-old boy called the department for information about de-addiction centres. She said that her son started behaving oddly two months ago. On returning from school, he would lock himself in his room for hours. His class teacher called her and said that he had become unresponsive in class. When she searched, she found 03 empty bottles of solvent. She said: “The child is not the only one. Many children from wealthy and poor families have become addicts, apart from street children.” While some of these children are rehabilitated and detoxified, many take to crime to meet their urge for drugs.

47.

That on 18.07.2016, two minors were apprehended

with 04 others for killing a security guard and his brother and committing a robbery at United Christian Senior Secondary School. Children were from streets and were drug addicts. They were friendly with petty criminals, who were also drug addicts. On 20.07.2016, a juvenile was held for murdering a gardener at a farmhouse in Fatehpur Beri after he refused to give money to the accused juvenile. Three students of a government school, aged between 12 and 14, confessed that for last one year, they were involved in thefts and were buying drugs. On 02.02.2016, one of them was found unconscious near his home in East Delhi. During inquiry, he confessed that he was consuming drugs for last two years with two friends and they started committing crimes. Delhi Police received a complaint that children who take drugs in the open can be a menace for women. Police identified 24 children in the area and sent them to children’s home. Drug peddlers generally operate in slum clusters near schools and colleges. They first lure students who smoke to try drugs for free. When they get addicted, peddlers force them to sell drugs to others. Peddlers call them on phone posing as a police, threaten to arrest them and start extorting money from students. They also force students to sell drugs to girls, who are later forced into prostitution.

48.

That DCPCR report indicates that children taking

drugs have a higher risk of developing conduct disorder, oppositional defiant disorder, depression, anxiety and attention deficit hyperactivity. Apart from that, needle sharing among drug users increases their vulnerability to HIV. Child and Welfare Department’s requested to Delhi Health

Services

to

open

detoxification

centres

at

government hospitals for children was turned down, citing that hospitals are already under pressure. A study by NGO Chetna revealed that there are around 1.5 lakh to 2 lakh street children in Delhi who use drugs. A 2011 study by NGO Bachpan Bachao Andolan found that 50,000 children live on the street and a majority of them are into substance abuse. In 2013, the Department of Women and Child Welfare and Directorate of Education identified 98 government schools as vulnerable to drugs. A 2013 survey by Don Bosco National Forum for the Young at Risk, working on street children and youngsters, revealed that 69,976 children live on Delhi’s streets. DCPCR interviewed 500 street students, 500 children living in children’s homes and 500 children in childcare institutions. There are around 1.5-2 lakh street children and almost 80 % of them are involved in substance abuse, a study by Childhood Enhancement through Training and Action (CHETNA), working for the cause of children, has found.

49.

That even if the children earn Rs.50 per day, their

major money goes into buying white fluids, cannabis and tobacco for inhalation. Study by CHETNA concludes that the street children buy substances worth Rs.27 lakh per day in the Capital from various illegal sources. The areas in Delhi where drug abuse among children is the highest include Nizamuddin, Nehru Place, Govindpuri, Taimur Nagar and under Okhla flyover. A similar study conducted by the National Commission for Protection of Child Rights (NCPCR) from 135 sites in 27 States has thrown light on the widespread substance abuse across the country. According to the study, nearly 85 % of the street children who are into substance abuse are from urban areas, 58.8 % of them were not studying and only 22.9% went to regular school. Among the substances the children are addicted to, tobacco was found to be the most widely used, followed by alcohol, inhalants and cannabis. The susceptibility of street children, however, is much higher than those living with their families and going to school. The main reason for school going children and children living with their families taking to drugs is the influence of another family member who uses drugs, followed by family fights and abuse. NCPCR recommended preventing drug and substance abuse by children. Providing life skill methods and education to children is one of them.

50.

That CHETNA, which works for the rehabilitation of

street children, also works for the cause of children addicted to drugs. The organisation runs a shelter home for such children in Nizamuddin area. Its founder Mr. Sanjay said: “Imparting education to children is the most effective way in which we try to get their mind off drugs. However, there are a number of challenges that we face. Most children complain that they are not able to keep away from drugs because it is available everywhere. They tell us – stop the sale of drugs and we will not buy it.” Mr. Sanjay further said: “It is not in our hands to stop the sale of drugs, the government should do something about it. Lack of parental support is also the reason that many young boys relapse. We take care of them for the time they are with us but once they go back home, there is no one to see what they do”. 51.

That as Delhi University gears up for a new academic

session, an investigation by a media, reveals that drugs -from ganja and charas to the more hardcore LSD (lysergic acid diethylamide),

MDMA

ketamine

the

and

new

(methylenedioxyphenethylamine), sensation

Meow

Meow

(4-

methylmethcathinone) - are being sold and used openly across college campuses. Not just the demand for high percentage, drug abuse unites north and south campuses of the hallowed Delhi University. Madangir Village in south Delhi that has two big colleges near it, the College of Vocational Studies (CVS) and Shaheed Bhagat Singh College, is where it can simply

stroll in and pick up marijuana that popularly goes by the name of weed or ganja. While policemen claim to have tightened the noose around peddlers in the area, it is found a well-oiled machinery at work barely 20 metres from the police post. Sitting inside a grocery shop and selling the dough openly for college kids, a middle-aged woman told that it's her daily business. All this is happening right outside the Madangir village police checkpost. Drugs are also being sold over the phone. Peddlers have gone mobile, now one can simply give them a call at widely circulated numbers, for free home delivery of drugs. The administration, meanwhile, has turned a blind eye to what is going on in their backyards. 52.

That according to media reports, Southeast District DCP

MS Randhawa told that he was clueless about such open drug peddling around college campuses. "We take measures to curb such nefarious activities when they are brought to our knowledge," he said. Colleges of DU's North Campus, too, have their own supply chain of drugs such as MDMA, Ket, hash and weed. Areas such as Timarpur and Model Town are hubs of cannabis and Meow Meow. Peddlers are on call and they meet at secluded areas around the campus with the supply. Hindu College principal Smt. Anju Srivastva said that drug abuse was rampant around certain other college campuses. "There are certain areas around colleges in the North where such activities have been noticed. We try to be vigilant and the students have been warned against such activities,"

53.

That Sh. Madhur Varma, DCP of Delhi's north district,

told to a newspaper, "These activities are usually witnessed in and around Timarpur and Majnu Ka Tila, but we ensure that criminals are caught and booked under the NDPS Act. Police personnel have been stationed near the University campus to keep check on such activities." However, in the shade of groves at the Faculty of Arts in north campus, we saw students brazenly rolling joints of charas and ganja. They boasted of smoking up and even doing hard drugs despite the presence of campus security guards. 54.

That on 03.07.2016, sounding the poll bugle in Punjab,

Delhi Chief Minister Sh. Arvind Kejriwal said his party would end the drug menace and mafias in Punjab within a month. “We will form a special drug task force to make Punjab a ‘Nasha Mukt’ State” he said. With the “Anti-drug Campaign” one of the major focus in the 51-point Manifesto, Sh. Kejriwal announced that, “When in power, AAP will start round the clock Anti-drug toll free number, bring special law to give life imprisonment for drug peddlers and smugglers, facilitate post treatment rehabilitation of addicts.” Hon’ble CM promised to control the liquor and other intoxicating drinks and drugs in Delhi but issuing 3-4 licences every month to open liquor shops. Recently residents of Kotla Mubarakpur stages Dharna against a newly open liquor shop, which is adjascent to school, church and a Bus stop where school going children and office going women waits for buses.

55.

That Right to health of a citizen is a fundamental

right under Article 21 of the Constitution. All the government hospitals, nursing homes and polyclinics are liable to provide treatment to the best of their capacity to all the patients. The doctors, hospitals, nursing homes, and other connected establishments are to be dealt with strictly, if they are found to be negligent with the patients who come to them pawning all their money with the hope to live a better life with dignity. The patients irrespective of their social, cultural and economic background are entitled to be treated with dignity, which not only forms their fundamental right but also their human right. (Balram Prasad versus Kunal Saha (2014) 1 SCC 384) The question that came up for consideration in Murli S Deora versus UOI (2001) 8 SCC 765 was if under Article 21, none shall be deprived of his life without due process of law; why should a non-smoker be afflicted by various diseases, including lung cancer or of heart, only because he is required to go to public places? The Apex Court held that when undisputedly, smoking was injurious to health of smokers, there was no reason why health of passive smokers should also be injuriously affected. In any case, there was no reason to compel non-smokers to be helpless, victims of air pollution, caused by smokers thus Smoking in public places, accordingly prohibited.

56.

That on the aspect of interpretation of a Constitution,

the following observations of Justice Dickson of the Supreme Court of Canada in Hunter versus Southam Inc (1984) 2 SCR 145 (Canada SC) are quite apposite: “The task of expounding a Constitution is crucially different from that of construing a statute. A statute defines present rights and obligations. It is easily enacted and as easily repealed. A Constitution, by contrast, is drafted with an eye to the future. Its function is to provide a continuing framework for the legitimate exercise of governmental power and when joined by a Bill or Charter of Rights, for the unremitting protection of individual rights and liberties. Once enacted, its provisions cannot easily be repealed or amended. It must, therefore, be capable of growth and development over time to meet new social, political and historical realities often unimagined by its framers. The judiciary is the guardian of the constitution and must, in interpreting its provisions, bear these considerations in mind.” 57.

That in M. Nagaraj versus Union of India (2006) 8

SCC 212, speaking for the Constitution Bench, Justice S.H. Kapadia, said: “The Constitution is not an ephemeral legal document embodying a set of legal rules for the passing hour. It sets out principles for an expending future and is intended to endure for ages to come and

consequently to be adapted to the various crises of human affairs. Therefore, purposive rather than strict literal approach to the interpretation should be adopted. A constitutional provision must be construed not in a narrow and constricted sense but in a wide and liberal manner so as to anticipate and take account of changing conditions

and

purposes

so

that

a

constitutional

provisions does not get fossilized but remains flexible enough to meet newly emerging problems and challenges.” 58.

That in Kehar Singh versus Union of India, (1989) 1

SCC 204: 1989 SCC (Cri) 86. The Constitution Bench observed as thus: “To any civilized society, there can be no attributes more important than the life and personal liberty of its members. That is evident from the paramount position given by the Courts to Article 21 of the Constitution. These twin attributes enjoy a fundamental ascendancy over all other attributes of the political and social order, and consequently,

the legislature,

the

executive and the judiciary are more sensitive to them then to the other attributes of daily existence. The deprivation

of

personal

liberty

and

the

threat

of

deprivation of life by the action of the State is in most civilized society regarded seriously and, recourse, either under

express

constitutional

provision

or

through

legislative enactment is provided to the judicial organ.”

59.

That in Nashirwar versus State of MP, AIR 1975 SC

360: (1975) 1 SCC 29, this Hon’ble Court relied on Article 47 to hold as one of the reasons that Article 19(1)(g) does not protect liquor trade. In F.N.Balsara case, it was observed that: “Article 47 has no direct bearing on the Act, which was passed in 1949, but a reference to it supports to some extent the conclusion that the idea of prohibition is connected with public health, and to enforce prohibition effectively, the wider definition of the word “liquor” will have to be adopted so as to include all alcoholic liquor, which may be used a substitute for intoxicating drinks to the detriment of health.” 60.

That in Satish vs. State of Tamil Nadu, AIR 1979 Mad

246 (FB), this Hon’ble Court held as thus: “The words “medical purposes” seem to contemplate the user of liquor for making medical preparations and do not contemplate the free use of intoxicating drinks as medicin in any event, the exception mention in Article 47 of the Constitution has to be strictly confined to cases where the consumption of alcohol in the form of intoxicating drinks is necessary on medical or therapeutic grounds. Medical opinion appears to be uniform that alcohol has no medical or therapeutic value except in cases where the disease itself has been brought about by long standing drinking habit”.

61.

That in State of Punjab versus Prem Sagar, (2008) 7

SCC 550, this Hon’ble Court said: “While awarding a sentence in respect of offences affecting public health, the Court must notice the object for enacting Article 47 and deal with the offence severely.” The Supreme Court has read Articles 47 and 21 together and has culled out therefrom the obligation on the part of the State to provide the better health services to the poor. There are a number of cases decided by the Supreme Court on the validity of legislation relating to prohibition. In all these cases, the challenge to prohibition laws was based on Articles 14, 19 and 301. The view of the Supreme Court is that there is no fundamental right to carry on trade in liquor. 62. goal

That this Hon’ble Court repeatedly said that ultimate of

Legislature,

Executive,

Judiciary

and

the

Constitution is ‘Welfare of the People”. The Constitution is organic in nature. Being a living organ, it is ongoing. Hence, with the passage of time, Law must be changed. The Constitution is intended to serve needs of the day when it was enacted and also to meet the needs of changing conditions in new circumstances. In that sense, the words and expressions used in the Constitution have no fixed meaning and must receive an interpretation based on experience of the people in the course of the working of the Constitution.

63.

That on “Prohibition of Liquor and Drugs”, eminent

author

Granville

Austin

in

his

book

“The

Indian

Constitution-Cornerstone of a Nation” has stated as thus: “Hindus relying on Gandhi’s teaching and Muslim deriving their authority from the Koran, could all inveigh against the evils of drink. Moreover, drinking had never been common among the Indian middle class. The argument for prohibition is not wholly unreasonable. In many industrial areas like Steels mills of Bihar and Bengal and especially in Harijan areas, depressed under fed workers sought solace in liquor to the great detriment of their health. The advocates of prohibition had both social and doctrinal strings to their bow, and they were supported by Congress’s decade-old officials dedicated to cause of prohibition. Opposition to this conservative outlook came from more liberal elements in the Constituent Assembly, who cited the United States disastrous experience and particularly from members of provincial government, who knew to what good use the huge income from liquor excise could be put. The Assembly, however, adopted a revised version of the amendment moved by a Muslim and a Hindu. The prohibition of liquor and harmful drugs (e.g. opium) became a fundamental principle of governance, and today the sale of alcoholic drinks is in varying degrees restricted in nearly every State in India.”

64.

That the learned author V.N.Shukla in his book

Constitution of India has said: “The People of India according to the Preamble have given to themselves the Constitution. The source of Constitution is the ‘People’ who have solemnly resolved to constitute India into a Sovereign Democratic Republic. The ‘People’ will continue to be governed under the Constitution so long as it is acceptable to them and its provisions promote their aims and aspirations. It is true that the Constitution was adopted by the Constituent Assembly, which was not directly elected by the People. But, that does not necessarily mean that the Constituent Assembly, as it came to be constituted, did not project the feelings of the People. The Constitution has been in operation for more than fifty years with a number of general elections from time to time is the evidence of the People having the Constitution in its present form. If, at any stage, People find that the Constitution is not serving the needs of the Indian society, the ‘People’ may, if necessary, set in motion a machinery, which provides for a system suited to the aims and aspirations of the People. It may, therefore, be rightly observed that sovereignty lies with the ‘People of India’.” Petitioner states that prohibition of liquors and other intoxicating drinks and drugs in spirit of the Article 47 is bounden duty of all the States.

65. “The

That Hon’ble Supreme Court has observed as thus: Preamble,

Fundamental

Rights

and

Directive

Principles of State Policy are trinity, intended to remove discrimination or disability on the grounds of social justice or gender”. The concept of Rule of Law would lose its validity if the Executive or State instrumentalities are not discharging their functions in a fair and just manner. In that case, the Apex Court held that in the Constitution, the Rule of Law pervades over the entire field of administrations and the Rule of Law regulates every organ of the state. Preamble makes the Constitution sublime and it is the guarantees mentioned in the Chapter as fundamental right that make it one of the greatest charters of liberty and of which the ‘People of India’ may well be proud. The charter as not been forced out of unwilling hands of sovereign like the “MAGNA CARTA”, but it has been given to themselves by the people of the country

through

the

Constituent

Assembly.

The

Constitution has a noble and grand vision contained in the Preamble. However, in an ordinary statute, much importance is not attached to the Preamble; all importance has to be attached to the Preamble in a Constitutional Statutes.

Preamble relates to the basic structure of the

Constitution and it is bounden duty of the Executive to strive to achieve the golden goals set out in the Preamble.

66.

That from Preamble of the Constitution of India, it is

clear that the two primary objectives that were before the Constituent Assembly was: (1) to constitute India into Sovereign Democratic Republic and (2) to secure to its citizens the right mentioned therein. It was a plan to build a ‘Welfare State’ and an egalitarian society. Statement in the Preamble that the People of this country conferred the Constitution on themselves is not open to challenge. The Apex Court has accepted the facts, as set out in the Preamble, as correct. Whenever question arise as to whether the Legislature has laid down the policy of a statute, whether in connection with Article 14 of the Constitution or the rule against delegated legislation, the Apex Court has sought to find out the policy from the Preamble. Reading the Preamble and Article 12, 53, 79, 124, 154, 168, 214, 233, 245 and Article 246 of the Constitution together, Hon’ble Supreme Court said that power of each organ of the State can be used only for promotion of constitutional values and to achieve the great golden goals, as set out in Preamble of the Constitution. The broad contours of basic elements or fundamental features

of

the

Constitution

are

delineated

in

the

Preamble. The end of the Constitution is to grant Powers to People; to limit government and to require those who govern to confirm to the mandates of the Constitution.

67.

That Preamble of the Constitution of India declares

‘People of India’ as the sovereign political body who hold the ultimate power, not the Parliament and the Executive. Preamble of the Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble of the Constitution. Preamble was expressly voted to be part of the Constitution. Intention behind all government actions and purposes is to further the ‘Welfare of the People’ and national interest only. Public good is synonymous with protection of the interests of citizens as a territorial limit or nation as a whole. The Constitution of India makes it imperative for the State to secure to all its citizens the rights guaranteed by the Constitution and where the citizens are not in a position to assert and secure their rights, the State comes into picture and protect and fight for the right of the citizen. The Preamble read with Directive Principles of State Policy, Article 38, 39 and 39A enjoin the State to take up these responsibilities. Preamble promises socio-economic justice, Fundamental Rights confer certain justiciable socio-economic rights and the Directives Principles fix the socio-economic goals, which the State must strive to attain. Petitioner states that implementation of the Article 47 is necessary to control the many social, physical and mental diseases.

68.

That the prominent jurist Nani Palkiwala explained

essence of the Constitution as thus: “Our Constitution is primarily shaped and moulded for the common man. It takes no account of ‘the portly presence of the potentates, goodly in girth’. It is a Constitution not meant for the ruler ‘but the ranker, the tramp of the road, the slave with the sack on his shoulders, pricked on with the goad, the man with too weighty a burden, too wearies a load’.” The Constitution through its Preamble, Fundamental Rights and Directive Principles created a Secular State based on the principles of equality, non-discrimination, striking a balance between the rights of individuals and duty and commitment of the State to establish an egalitarian social order. Social, Economic and Political Justice is the goal to the People as per Preamble and Administration of Justice can no longer be merely protector of legal rights, but must be dispenser of social-economic justice. 69.

That true copy of the News “70 % of road accidents in

India is due to drunken driving” published by English newspaper “The Hindu” on 22.11.2011 is annexed as Annexure-3 (Page 72-73) 70.

That true copy of the News “Alcohol related deaths on

the rise” published by the English newspaper “DNA” on 11.09.2013 is annexed as Annexure-4 (Page 74-75)

71.

That copy of the News “Two lakh street children lured

into substance abuse in Delhi” published by “The Hindu” on 18.08.2014 is annexed as Annexure-5 (Page 76) 72.

That true copy of the News “Death toll from toxic liquor

hits 31, dozens ill” published by News Channel “Zee News”

on 13.01.2015 is annexed as Annexure-6 (Page 77) 73.

That copy of News “One million tobacco deaths in

India every year” published by “Hindustan Times” on 01.04.2015 is annexed as Annexure-7 (Page 78-81) 74.

That copy of News “Indians drinking alcohol up 55%

in 20 years” published by English newspaper “Times of India” on 17.05.2015 is annexed as Annexure-8 (P. 82-84) 75.

That copy of the News “100 People died in Mumbai

from toxic alcohol” published by News Channel “NDTV” on 22.06.2015 is annexed as Annexure-9 (Page 85) 76.

That copy of News “Drugs being sold across Delhi

university campuses” published by newspaper Mail Today on 06.07.2015 is annexed as Annexure-10 (Page 86-87) 77.

That copy of News “1509 people died in Tamil Nadu

due to toxic liquor” published by “New Indian Express” on 21.07.2015 is annexed as Annexure-11 (Page 88) 78.

That copy of News “Alcohol consumers in India face

higher health risk” published by newspaper “The Hindu” on 18.09.2015 is annexed as Annexure-12 (Page 89-90)

79.

That copy of News “Murders make India a really

dangerous Country” published by webportal “The Wire” on 16.12.2015 is annexed as Annexure-13 (Page 91-96) 80.

That copy of the News “Alcohol-related deaths are major

the major cause” published by newspaper “The Tribune” on

07.04.2016 is annexed as Annexure-14 (Page 97-99) 81.

That copy of News “One Indian dies every 96 minutes due

to alcohol consumption” published by “The Indian Express”

on 25.05.2016 is annexed as Annexure-15 (Page 100-101) 82. in

That copy of News “AAP will end Punjab drug menace a

month”

published

by

“Hindustan

Times”

on

03.07.2016 is annexed as Annexure-16 (Page 102) 83.

That true copy of the News “21 People died after

consuming spurious alcohol” published by English newspaper “International Business Times” on 17.07.2016 is annexed as Annexure-17 (Page 103) 84.

That copy of News “Delhi's dark addiction: new kids

throng the drug block, more vulnerable to aids” published by newspaper “The New Indian Express” on 09.08.2016 is annexed as Annexure-18 ( Page 104-107) 85.

That

petitioner’s

full

name

is

Ashwini

Kumar

Upadhyay. Phone is 8800278866, 9911966665. Email: [email protected], Annual Income- Rs. 06 LPA, PAN NoAAVPU7330G, ADHAR No-659982174779.

86.

That there is no requirement for moving concerned

government authority for relief sought in the present writ petition. There is no other efficacious, economic and alternative remedy available to the petitioner except for approaching this Hon’ble Court by way of this petition. 87.

That petitioner has not filed any other petition either

in this Hon’ble Court or in any other High Court in India seeking same and similar directions as prayed in the present writ petition. 88.

That the facts constituting cause of action accrued on

15.08.2014, and every subsequent date when Hon’ble Prime Minister, during his maiden speech from the Lal Quila, enunciated the concept of a “World Class India” i.e. India free from menace of corruption, crime, Casteism, communalism, liquor and drug; but not taking steps to prohibit the liquors and othere intoxicating

drinks and

drugs in spirit of the Artcile 47 of the Constitution. 89.

That in absence of complete prohibition on liquors

and other intoxicating drinks and drugs in spirit of the Article 47, heinous crimes like rape and murder, road accidents and road rages, domestic violence against women, physical and mental diseases caused by liquor and drug, cannot be controlled and good health cannot be secured in spirit of the Article 21, thus causes injury.

90.

That there is no civil, criminal or revenue litigation,

involving petitioner, which has or could have a legal nexus, with the issue involved in the present writ petition. 91.

That Petitioner has no personal gain, private motive

or oblique reasons in filing this writ petition. This prerogative writ petition is totally bona-fide and purely in larger public interest and in the interest of justice. 92.

That the Constitution is a permanent document

framed by the People and accepted by the People to govern them for all times to come. It is a constitutive document fundamental to governance of the country, whereby, according to accepted political theory, the ‘People of India’ have provided the Constitutional polity consisting of certain primary organs, institutions and functionaries to exercise the powers provided in the Constitution of India. All powers belong to the People and they entrust these powers in specified institutions and functionaries with the intention of working out, maintaining and operating the Constitutional order. The idea of prohibition, under the Article 47 is connected with right to health under the Article 21, and to enforce prohibition effectively, the wider definition of the word ‘Liquor’ should be adopted to include all alcoholic liquids, which may detrimental to the health. It is duty of the Executive to implement the Article 47 in spirit of Article 21 of the Constitution of India.

GROUNDS That petitioner begs to file the present writ petition interalia on the following grounds. 1. BECAUSE

provisions

contained

in

Part-IV

of

the

Constitution namely ‘Directives Principles of State Policy’ and the principles therein laid down are nevertheless fundamental in the Governance and it is duty of the State to implement the Article 47 in consonance with Article 21. 2. BECAUSE idea of prohibiting the Liquor is connected with public health and to enforce prohibition effectively, the wider definition of the word ‘Liquor’ would have to be adopted so as to include all alcoholic liquids which may be used as substitutes for intoxicating drinks, to the detriment of health. Article 47 of the Constitution takes note of the fact that only medicinal preparations should be excluded in the enforcement of prohibition. 3. BECAUSE study shows that liquor consumption, results in many physical and mental disorders like blackouts, memory loss, anxiety and permanent brain damage. Alcoholism affects behavior and ability to learn and remember. Drinking alcohol is the second biggest risk factor for mouth, throat and liver cancer. Alcohol causes hypertension, which increases the risk of heart attack. It also weakens heart muscles, which can affect the lungs, liver, brain and other body systems.

4. BECAUSE alcoholism results in many serious physical and mental diseases like kidney failure, impotence, infertility, weight gain, skin diseases and suicides. It is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils. 5. BECAUSE economically weaker section, below poverty line family and downtrodden families become poorer due to Alcoholism and ultimately their family especially their spouce and children suffer a great loss and injury. 6. BECAUSE ‘Right to Health’ is integral part of ‘Right to Life’ under the Article 21 of the Constitution. Executive should prohibit the sale-purchase of liquors and intoxicating drinks and drugs in welfare of the people. 7. BECAUSE the States like Gujarat, Bihar have already prohibited the liquors and other intoxicating drinks and drugs and crime rates have been decreased due to it thus deserve similar implementation in every State. Prohibition will give a very strong message to the word that India is going to be a Liquor and Drug Free Country very soon. 8. BECAUSE this Hon’ble Court held that fundamental rights have to be read along with Directive Principles and fundamental duties enshrined in Article 51A. None of the ideals envisaged under Article 38 to 47 can be achieved without ban on liquors and other drugs.

PRAYER For the reasons stated above, it is the most respectfully prayed that this Hon’ble Court may be pleased to: a)

issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the respondents to take steps for prohibition of liquors and other intoxicating drinks and drugs in spirit of the Article 47 read with Article 21 of the Constitution of India;

b)

issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the respondents to declare ‘First Sunday’ of every month as ‘Health Day’ for educating the people about ill-effects of cigarette, tobacco, liquors and other intoxicating drinks and harmful drugs in spirit of the Article 21 read with Article 47 of the Constitution;

c)

issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the respondents to have a chapter on “ill-effects of cigarette, tobacco, liquors and other intoxicating drinks and drugs” in curriculam of the children aged 6 to 14 years and allow cost to petitioner.

12.09.2016 New Delhi

Ashwini Kumar Upadhyay (Petitioner-in-Person) Advocate En. No-D/1119/12 15, New Lawyers Chambers Supreme Court, New Delhi G-284, Govindpuram, Gzb-3 08800278866,09911966665

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO ……….. OF 2016 IN THE MATTER OF: Ashwini Kumar Upadhyay

…Petitioner-in-Person

Verses Union of India & others

...Respondents

AFFIDAVIT I, Ashwini Kumar Upadhyay S/o Sh. Suresh Chandra Upadhyay, Office at 15, New Lawyer Chambers, Supreme Court of India, New Delhi-01; R/o G-284, Govindpuram, Ghaziabad-201013, at present at New Delhi, do hereby solemnly affirm and declare as under: 1. That I am petitioner-in-person in the above-mentioned matter

and

well

acquainted

with

the

facts

and

circumstances of the case and as such, I am competent to swear this affidavit. 2. That I have read and understood the contents of accompanying synopsis and list of dates pages (B -

)

and writ petition paras (1 - 92 ) pages (1 - 61 ) and total pages (1 – 109 ) which are true and correct to my personal knowledge and belief.

3. That there is no personal gain, private motive or oblique reasons in filing this writ petition. This writ petition is totally bona-fide with the sole purpose of larger public interest and in the interest of justice. 4. That the Annexure filed along with this writ petition are true copies of their respective originals. 5. That the averments made in this affidavit are true and correct to my personal knowledge and belief. No part of this affidavit is false nor has anything material been concealed there from.

DEPONENT (Ashwini Kumar Upadhyay) VERIFICATION I, the Deponent do hereby verify that the contents of above affidavit are true and correct to my personal knowledge and belief. No part of it is false nor has anything material been concealed there from. I solemnly affirm today i.e. Monday, the 12th day of September 2016 at New Delhi.

DEPONENT (Ashwini Kumar Upadhyay)

To,

20-06-2016

Hon’ble Chief Minister Government of NCT of Delhi, New Delhi Subject: Ban on Liquor, Intoxicating Drinks & Drugs Dear Sir, Provisions contained in Part-IV of the Constitution of India namely Directives Principles of State Policy, the principles therein laid down are nevertheless fundamental in the Governance, and it is duty of the State to apply these principles in letter and spirit. Idea of prohibiting the Liquor is connected with public health and to enforce prohibition effectively, the wider definition of the word ‘Liquor’ would have to be adopted so as to include all alcoholic liquids which may be used as substitutes for intoxicating drinks, to the detriment of health. Article 47 of the Constitution takes note of the fact that only medicinal

preparations

should

be

excluded

in

the

enforcement of prohibition. Study shows that liquor consumption

results

in

many

physical

and

mental

disorders like blackouts, memory loss, anxiety and permanent brain damage. Alcoholism affects behavior and ability to learn and remember. Drinking alcohol is the second biggest risk factor for mouth, throat and liver cancer. Alcohol causes hypertension, which increases the risk of heart attack. It also weakens heart muscles, which can affect the lungs, liver, brain and other body systems. Alcoholism also results in kidney failure, impotence, infertility, weight gain, skin diseases and suicides. It is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rapes and other social evils. Poor and economically downtrodden families become poorer due to Alcoholism and ultimately their family especially their children suffer a great loss.

Dear Sir, I request you to take steps to prohibit the liquor and other intoxicating drinks and drugs in spirit of the Article 47 read with Article 21 of the Constitution in order to make Delhi, a liquor and drug free State. I also request you to take appropriate steps to implement the other provisions of Part-IV of the Constitution in NCT of Delhi on top priority as the provisions contained in Part-IV of the Constitution namely Directives Principles of State Policy and the principles therein laid down are nevertheless fundamental in the Governance. Thanks and Regards.

Ashwini Kumar Upadhyay Office: Chamber-15, New Lawyer Chambers Supreme Court of India, New Delhi-110001 Residence: G-284, Govindpuram, Ghaziabad-201013 # 08800278866, 09911966667, [email protected] CC: The Chief Secretary Government of NCT of Delhi Secretariat, New Delhi-110001

To,

22.08.2016

Hon’ble Prime Minister Government of India, New Delhi-01 Through: Principle Secretary to the PM Subject: Ban on Liquors, intoxicating drinks and drugs Respected Sir, Right to health is fundamental right of every citizen guaranteed under Article 21 of the Constitution. Inclusion of Article 47 in the Constitution clearly goes to show that it is the duty of the State to do what has been enacted in Article 47 and in fact this Article starts with the phrase “Duty of the State” and the duty is to improve public health. It is further provided that the duty to improve public

health

will

be

discharged

by

the

State

by

endeavouring to bring about prohibition. The State must conform to the letter and spirit of Article 47 read with Article 21 to improve public health and has to protect poverty-stricken people, who are major consumers of liquor and othe intoxicating drinks and drugs from injurious effect. The idea of prohibition is connected with public health, and to enforce prohibition effectively, the wider definition of the word ‘Liquor’ would have to be adopted to include all alcoholic liquids, which may be used as substitutes for intoxicating drinks, to detriment of health. Article 47 of the Constitution takes note of the fact that only medicinal preparation should be excluded in the enforcement of prohibition. The Article 47 uses the words prohibition of the consumption “except for medicinal purposes”. It seems to suggest that the use of liquor for making medicinal preparations only has to be construed in the light of the Directive Principles of the State Policy of bringing about prohibition of intoxicating drinks and of drugs, which are injurious to health.

State is duty bound to protect human life and improve public health and for that purpose to move towards prohibition. It is contradictory if a State claims that it has the

privilege

of

manufacture and

sale

of

alcoholic

beverages, which are expected to be dangerous to human life and injurious to human health or the right to transfer or sell this privilege on consideration to earn huge revenue without thinking that trade in liquor ultimately results in degradation of human life and even endangering human life and is contrary to the duty cast under Articles 21 and 47 and ideal of prohibition enshrined in Article 47. In view of Articles 21 and 47, it is not possible to accept any privilege of the State having the right to trade in goods obnoxious and injurious to health. Sale of liquor and other intoxicating

drinks

and

drugs

must

be

prohibited

completely or be allowed with very strict conditions limiting its evil to the utmost. Restrictions imposed by a law providing for the prohibition of consumption or production of liquor cannot be challenged as violative of Article 19(1)(g) inasmuch as dealing in liquor cannot be regarded as a “trade or business” within the meaning of Article 19 (1)(g). In view of the complete prohibition of consumption of liquor in Article 47, there could not be any fundamental right to manufacture and sell liquors and intoxicating drinks and drugs. Article 47 read with Article 21 seeks to make it the primary duty of the State to be concerned about the improvement of (a) nutrition levels (b) standard of living, and (c) health of the people. To this end, the State is given the special directive to prohibit the use of intoxicating drinks

and

drugs

except

for

medicinal

purposes.

Prohibition policies adopted by some States from time to time have been justified under this directive.

Primary duty of the Government is to secure the welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a Welfare State. The Government should discharges this obligation by running hospitals and health centers, which provide medical care to the person seeking to avail of these facilities not the liquor shops. Preservation of human life is of paramount importance. Article 21 read with Article 47 imposes an obligation on the States to ban the liquors and safeguard the right to life and right to health of citizens. In view of Article 47 read with Artcile 21, the State is required to bring about prohibition of the consumption of intoxicating drinks and drugs, which are injurious to health. Imposing prohibition on trade of intoxicating liquor is to achieve the directive principles administrated in Article 47 of the Constitution; as such, a course merits to be treated as a reasonable restriction. Hon’ble Supreme Court has held that a law of prohibition cannot be challenged on the ground of contravention of the Article 19(1)(g). A legislative measure to check menace of increasing consumption of liquors and intoxicating drinks and drugs is valid. The Apex Court held that fundamental rights are not to be read in isolation. They have to be read along with the Chapter on Directive Principles of State Policy and the fundamental duties enshrined in Article 51A. None of the lofty ideals envisaged under the Article 38 to 47 can be achieved without complete ban on liquors and other intoxicating drinks and drugs. Consumption of liquor, intoxicating drinks and drugs is the root-cause of most of the road accidents, road rages, domestic violence, crime against women, rape and murder cases. Legislative measures to check the menace of liquor is valid.

It is proud for us that entire word has celebrated the International Yoga Day. Yoga is a natural treatment process but it would be irrelevant unless complete ban is imposed on liquors and other intoxicating drinks and drugs. First principle of Yoga is to stay away from alcohol. We can’t have Yoga and liquor hand in hand. Enjoyment of life and its attainment including right to life and human dignity encompasses within its ambit availability of articles

of

food,

without

insecticides

or

pesticides,

residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. Any food or drinking article, which is hazardous or injurious to health, is a potential danger to right to life, guaranteed under Article 21. A paramount duty is cast on the State and its authorities to achieve an appropriate level of protection to human life and health, which is a fundamental right, guaranteed to citizens under Article 21 read with Article 47 of the Constitution. States like Gujarat, Nagaland, Manipur, Kerala, Bihar and Tamilnadu have enacted legislation to ban the liquor and drugs but legal drinking age and the laws, which regulate the sale and consumption of alcohol, vary significantly from State to State. On 30.12.2015, reminding all the State Governments that the Constitution places a responsibility on them to “at least contain, if not curtail, consumption of alcohol”, Hon’ble Supreme Court approved Kerala’s new liquor policy that prohibits drinking in public and restricts serving of alcohol to five-star hotels. The Court said that “strict State regulation is imperative” to discourage regular and excessive consumption of alcohol. Not granting bar licences to hotels other than five-star establishments have to be viewed as a “positive step towards bringing down the consumption of alcohol, or as preparatory to prohibition”.

Hon’ble Supreme Court further said: “The Court cannot be blind to the fact that a social stigma at least as far as the family

unit

is

concerned

is

still

attached

to

the

consumption of alcohol. Free trade in alcohol denudes family resources and reserves and leaves women and children as its most vulnerable victims.” Provisions contained in Part-IV of the Constitution namely ‘Directives Principles of State Policy’ and the principles therein laid down are nevertheless fundamental in the Governance, and it is duty of the State to apply these principles in letter and spirit. Idea of prohibiting the Liquor is connected with public health and to enforce prohibition effectively, the wider definition of the word ‘Liquor’ would have to be adopted so as to include all alcoholic liquids which may be used as substitutes for intoxicating drinks, to the detriment of health. Article 47 of the Constitution takes note of the fact that only medicinal

preparations

should

be

excluded

in

the

enforcement of prohibition. Study shows that liquor consumption, results in many physical and mental disorders like blackouts, memory loss, anxiety and permanent brain damage. Alcoholism affects behavior and ability to learn and remember. Drinking alcohol is the second biggest risk factor for mouth,

throat

and

liver

cancer.

Alcohol

causes

hypertension, which increases the risk of heart attack. It also weakens heart muscles, which can affect the lungs, liver, brain and other body systems. Alcoholism results in serious physical and mental diseases like kidney failure, impotence, infertility, weight gain, skin diseases and suicides. It is the root cause of most of the road accidents, road rages, crime against women, domestic violence, rape and murder and many other social evils.

Economically weaker section, below poverty line families and socially-economically downtrodden families become poorer due to alcoholism and ultimately their family especially their children suffer a great loss and injury. ‘Right to Health’ is integral part of ‘Right to Life’ under the Article 21 of the Constitution thus it is a constitutional obligation on the Union and State Governments to prohibit

the

sale-purchase-trading-manufcturing

of

liquors and other intoxicating drinks and drugs in spirit of the Article 47 read with Article 21 of the Constitution. Respected Sir, I request you to take steps to prohibit the liquor and other intoxicating drinks and drugs in spirit of the Article 47 read with Article 21 of the Constitution in order to make India, a liquor and drug free country. I also request you to take appropriate steps to implement the other provisions of Part-IV of the Constitution on top priority as the provisions contained in Part-IV of the Constitution namely Directives Principles of State Policy and the principles therein laid down are nevertheless fundamental in the Governance. Thanks and Regards.

Ashwini Kumar Upadhyay G-284, Govindpuram, Ghaziabad-201013 # 08800278866, 09911966667, [email protected] CC: Hon’ble Union Finance Minister Government of India, New Delhi-01 Hon’ble Union Health Minister Government of India, New Delhi-01 Hon’ble Union Law Minister Government of India, New Delhi-01

NEW DELHI, November 22, 2011

70 % of road accidents in India due to drunken driving With India reporting as many as 1.34 lakh fatalities in road accidents every year, a vast 70 % of them being due to drunken driving, questions are now being raised on whether the mushrooming growth of liquor vends along the highways is responsible for costing precious lives in an untimely manner. As the World Day for Remembrance of Road Traffic Victims was observed on Sunday, various organisations involved in spreading road safety awareness demanded action to bring down such incidents. The Community Against Drunken Driving (CADD) said nearly 70 % of all fatalities are due to drunken driving, with the figure running between 44 %

to

67

%

in

smaller

cities.

Despite

prosecution

of

drunken

driving having increased by about seven times in Delhi and 16 times in Mumbai since 2001, there has been no corresponding decrease in accidents and fatalities. Prince Singhal of CADD noted that “24 hour availability of alcohol along National and State highways results in impulsive buying of alcohol and about 72 % of road accidents on National Highways”. Stating that “the World Day for Remembrance of Road Accident Victims needs to be observed as a significant day especially in the Indian context as we record the highest road fatalities at 134,000 annually”, he said it should not be forgotten that “road deaths and injuries are sudden, violent, traumatic events, and their impact is long-lasting, often permanent”. Citing a survey report, he said: “About 56 accidents and nearly 14 deaths occur on our roads per hour; it is significant to note that the number of persons killed per lakh of population has risen to about 11 and simultaneously India also records the highest per capita consumption of alcohol in South East Asia.”

Drawing a linkage between drinking and road accident deaths, CADD said, “It is significant to note that the State of Kerala which has about 4.3 per cent of registered vehicles reports a high 7.3 per cent of accidents, it also has the highest per capita consumption of alcohol.” Another organisation, the International Road Federation, observed a oneminute silence to mark the day. Its chairperson K. K. Kapila said the high rate of fatal accidents was an “unacceptable price to pay for mobility”. “Each day, nearly 3,500 people die on the roads worldwide. Tens of thousands more are injured. Families are broken apart. The future of young people is dashed. Road accidents have become the leading cause of death for people aged 15 to 29,” he said. Mr. Kapila said that while the number of victims is on the rise in India, it is decreasing in many other leading nations, including China, the only country with more inhabitants than India. “In India an accident occurs on the streets nearly every minute, and someone dies nearly every four minutes. According to government figures, 125,660 people were killed in various accidents in the year 2009.” Noting that deaths and injuries due to road mishaps are a national problem that must be addressed immediately, he said the damage caused by them is enormous in terms of lives and injuries as also the national cost involved in treating over 5 lakh people who get injured every year.

Wednesday, 11 September 2013, New Delhi,

Alcohol related deaths on the rise At a time when alcohol-related deaths are on the rise, the suggestion of Swami Agnivesh to ban alcohol sale in India could prove to be the perfect elixir for the problem. Alarmingly, the number of alcohol-related deaths has witnessed a sharp rise of nearly 21% in 2012 over the corresponding period last year. Although consuming alcohol might have become a part of the culture, yet the National Crime Records Bureau (NCRB) data revealed some mind-blowing facts. In the last five years, barring 2011, there has been a continual rise in the total number of alcohol-related deaths. During the period ranging from 2008 to 2012, this figure saw a steep rise of 27% from the level of 4308 to 5478. A massive increase of 21% was alone witnessed in 2012 when death figure zoomed to 5478 as against 4547 cases registered in 2011. Likewise, WHO Global status report (released in 2011) on alcohol and health stated, “The harmful use of alcohol results in approximately 2.5 million deaths each year. Almost 4 per cent of all deaths worldwide are attributed to alcohol.” Reasoning out the factors involved with the rise in alcoholrelated deaths, Sameer Malhotra, head of the psychiatry department at Max hospital opined, “Yes, alcohol-related deaths are on the rise. We are seeing the clinical population. There are multiple of factors, which are responsible for the rise in alcohol related deaths. Factors included: level of alcohol consumption has gone up, age of consuming alcohol has only receded over the years, social acceptance has increased, and laws have become a bit slack, unawareness about the complications associated with alcohol.”

A state-wise analysis of 2012 data revealed that maximum number of alcohol-related deaths occurred in Maharashtra (1514), followed by Madhya Pradesh (564), Karnataka (415), Haryana (367), Punjab (273). However, in 2011, the list remained more and less the same. Maharashtra topped the list with the highest number of death cases at 1185 followed by Madhya Pradesh (486), Haryana (309), Karnataka (304), and Chhattisgarh (270). Similarly, city-wise analysis of 2012 data showed that Mumbai topped the list with 166 alcohol-related deaths. Delhi came second with 142 death cases followed by Nagpur (140), Bengaluru (121), and Jaipur (61). However in 2011, it was Chennai which registered the maximum deaths of 281, followed by Delhi (140), Mumbai (112), Nagpur (95), and Bengaluru (79). Citing the main causes of alcohol-related deaths, Malhotra asserted, “Alcohol-related causes of death include road traffic accidents, liver related complications and brain related problems. Alcohol consumption dulls your responses. While you are driving, chances of road accidents are high. In the long run, alcohol leads to brain related complications. It also develops forgetfulness.” Moreover, it is expected that alcohol consumption will increase in India. According to the report released in 2011 by industry body, Associated Chambers of Commerce and Industry of India (Assocham), alcohol consumption in India will cross 19,000 million litres by 2015 from the level of 6,700 million litres witnessed in 2011. Agreeing with the above findings, Samir Shah, founder member and the general secretary of the National Liver Foundation, averred, “Whenever the usage of alcohol will increase, deaths would increase in the same proportion. Most of the people start by some kind of an experimental use.”

NEW DELHI, AUGUST 18, 2014, KRITIKA SHARMA

Two lakh street children lured into substance abuse in Delhi There are around 1.5 lakh to 2 lakh street children in the Capital and almost 80 per cent of them are involved in substance abuse, a study by Childhood Enhancement through Training and Action (CHETNA), an organisation working for the cause of children, has found. Even if the children earn Rs.50 per day, their major money goes into buying white fluids, cannabis and tobacco for inhalation. The study by CHETNA also concludes that the street children buy substances worth Rs.27 lakh per day in the Capital from various illegal sources available to them. The areas in Delhi where drug abuse among children is the highest include Nizamuddin, Nehru Place, Govindpuri, Taimur Nagar and under Okhla flyover. A similar study conducted by the National Commission for Protection of Child Rights (NCPCR) from 135 sites in 27 States has thrown light on the widespread substance abuse across the country. According to the study, nearly 85 per cent of the street children who are into substance abuse are from urban areas, 58.8 per cent of them were not studying and only 22.9 per cent went to regular school. Among the substances the children are addicted to, tobacco was found to be the most widely used, followed by alcohol, inhalants and cannabis. Peer pressure is the most important factor that drives the children to substance abuse. The susceptibility of street children, however, is much higher than those living with their families and going to school. According to the study, the main reason for school going children and children living with their families taking to drugs is the influence of another family member who uses drugs, followed by family fights and abuse. The NCPCR in its study has also made some recommendations to prevent drug and substance abuse by children. Providing life skill methods and education to children is one of them. CHETNA, which works for the rehabilitation of street children, also works for the cause of children addicted to drugs. The organisation runs a shelter home for such children in Nizamuddin area. Its founder Sanjay said: “Imparting education to children is the most effective way in which we try to get their mind off drugs. However, there are a number of challenges that we face. Most children complain that they are not able to keep away from drugs because it is available everywhere. They tell us – stop the sale of drugs and we will not buy it.” “It is not in our hands to stop the sale of drugs, the government should do something about it,” added Mr. Sanjay. “Lack of parental support is also the reason that many young boys relapse. We take care of them for the time they are with us but once they go back home, there is no one to see what they do,” he added.

ZEE NEWS Tuesday, January 13, 2015 Death toll from toxic liquor in India hits 31, dozens ill New Delhi: A batch of home-brew liquor has killed at least 31 people in northern India, with more than 100 others ill in hospital, police said Tuesday, in the latest incident of alcohol poisoning in the country. The figure jumped from Monday`s toll of 14 after more people died in hospital after drinking the toxic alcohol in a village on the outskirts of Lucknow, the capital of Uttar Pradesh state. "Till now 25 deaths have been reported from Lucknow and six from Unnao (district)," police inspector general A. Satish Ganesh told the Press Trust of India news agency. More than 100 people were still in hospitals suffering from alcohol poisoning after drinking the brew in Kharta village on Monday, the report said. Ganesh said two people have been detained over the incident. Uttar Pradesh chief minister Akhilesh Yadav has

also

announced an investigation and launched a statewide drive against illegal liquor in the wake of the tragedy. Bootleg liquor is widely consumed across India where it is sometimes sold for less than a dollar, with deaths often reported. Police arrested 12 people in October 2013 after more than three dozen villagers died from toxic home-brewed liquor in Uttar Pradesh. In 2011 nearly 170 people died in the eastern state of West Bengal after drinking moonshine.

Hindustan Times April 01, 2015, Sanchita Sharma, New Delhi

One million tobacco deaths in India every year One million of the tobacco deaths occur in India, yet the Union health ministry has postponed its decision to introduce new graphic health warnings that cover 85% of tobacco packages on both sides beginning April 1 based on the decision of a Parliamentary Committee report that is chaired a BJP MP who wants Indian surveys to prove tobacco causes cancer before public health measures to reduce tobacco use are implemented. The decision was based on the recommendation of a parliamentary committee headed by BJP Ahmednagar MP Dilip Kumar Gandhi, who said here were no studies out of India to show that tobacco use caused cancer

and

other

diseases.

Along

with

Karnataka

and

Andhra,

Maharashtra is one of the major tobacco-growing states in India. Currently, graphic photographs of oral and throat cancers will occupy 65% of tobacco packages — such as cigarette packs — while 15% of the surface will be used for text warnings. The photos had been shortlisted for the new warnings last year have now been junked. The new warning labels -- with pictures of mouth and throat cancers- -were to cover all kinds of tobacco packages, including imported cigarettes and chewing tobacco. The graphic picture were to cover 60% of the package, and the text warning will be 25%, the Union Ministry of health and Family Welfare had notified in October last year. The warnings were to be in English and/or the language the brand is sold under, said the notification issued on October 15, 2014. The decision to increase the size of pack warning labels , along with increasing the legal age of buying and using tobacco, was part of India’s efforts to lower tobacco use. Despite bans on advertising, sale to minors and smoking in public places, more than one in three adults use some form of tobacco in India. India has one of the world’s weakest tobacco warning regimes. Currently, official cautions appear only on one side of the package, covering a mere 20% of the entire packet. According to a 2014 report by the Canadian Cancer Society, India is ranked 136th among 198 countries listed according to the size of their health warnings. The country has slid from a ranking of 123 in 2012, with several countries implementing stronger warnings.

Other Asian countries are far ahead in this regard, with warnings covering 85% of the package on both sides in Thailand, 90% in Sri Lanka and 75% in Nepal. Hard-hitting anti-tobacco advertisements and graphic pack warnings – especially those that include pictures – reduce the number of children who begin smoking and increase the number of smokers who quit, says the WHO . Graphic warnings can persuade smokers to protect the health of nonsmokers by smoking less inside the home and avoiding smoking near children. Studies carried out after the implementation of pictorial package warnings in Brazil, Canada, Singapore and Thailand consistently show that pictorial warnings significantly increase people's awareness of the harms of tobacco use. If you are a tobacco user, the odds are stacked against you. Tobacco kills half of its users, with smoking and smokeless tobacco killing nearly 6 million people worldwide – one death every 6 seconds – each year, says the World Health Organization (WHO). This mean one person dies every six seconds due to tobacco use, which accounts for one in 10 adult deaths. Up to half of current users will eventually die of a tobacco-related disease, estimates the WHO. Sure, everyone knows that smoking is bad for health. Few people, however, realise the many different ways it causes irreversible damage to your body and mind. Toxins from tobacco go everywhere the blood flows, so no part of the body is spared. Cigarette smoke contains over 4,800 chemicals, 69 of which are known to cause cancer. Apart from cancers, smoking is also a major risk factor in chronic bronchitis, heart disease and stroke; and other conditions and disorders such as slowed healing of wounds, infertility, and peptic ulcer disease. Unchecked, tobacco-related deaths from cancers, heart disease, lung diseases and stroke, among others, is expected to increase to over 8 million annually by 2030, 1.5 million of them in India. Quitting tobacco use has immediate and long-term benefits, with former smokers have the same health risks as non-smokers 15 years after quitting. Now that we all know, doing something with the information is the tough part.

Times of India Sumitra Deb Roy, TNN, May 17, 2015,

Indians drinking alcohol up 55% in 20 years A global study has found out that alcohol consumption in India has risen by 55% over a period of 20 years. More worryingly, the young are getting initiated to alcohol much earlier, while more women are indulging in hazardous and binge drinking. The Paris-based Organization for Economic Cooperation and Development (OECD) recently published a report examining the economic and health implications of alcohol use among its 34 member and a few non-member countries. Among a list of 40 nations, India got the third position, for shooting alcohol intake between 1992 and 2012. Countries that closely followed India were China, Israel and Brazil. OECD report said heavy drinking was alarmingly on the rise among youth and women. "An increasing proportion of children experience alcohol and drunkenness at early ages. Girls have caught up with boys in the past 10 years," it stated. The percentage of under-15 boys who have not had alcohol went down from 44% to 30%, while for girls it decreased from 50% to 31% in the 2000s. The trend of heavy drinking witnessed among the young has experts worried. "It can be dangerous and have long-term effects such as habit formation or other chronic conditions," said hepatologist Dr Aabha Nagral, who consults with Jaslok Hospital.

Binge drinking among the youth has also been associated with increased possibilities of road accidents and disabilities in the report. Dr P C Gupta, director of Sekhsaria Institute of Public Health, quoted a WHO report which said about 30% of Indians consume alcohol, out of which 13% are daily consumers and up to 50% of these fall under the category of hazardous drinking. The OECD researchers evaluated that drinkers from member states were downing an equivalent of over nine litres of pure alcohol per year, which further rose by a few units if home brewed and illegal stocks were taken into account. "All of this amounts to drinking over 100 bottles of wine, or 200 litres of beer, in a year," the report stated. Interestingly, Indians featured much lower here as average consumption of pure alcohol hovered around 2.5-3 litres annually. The findings have set alarm bells ringing within the medical fraternity and health activists who are demanding a national policy to curb alcohol use, which is associated with over 200 ailments of the liver, heart, pancreas, brain, and even causing cancer. The report has pointed out how alcoholism cuts through classes and afflicts a poor man and an affluent woman alike. Dr Pankaj Chaturvedi, who consults with Tata Memorial Hospital said, "Alcohol is causally related to cancers of the mouth, oropharynx, liver, oesophagus and breast. It is appalling that such a toxic and carcinogenic compound is being brazenly advertised and consumed by an ever-increasing number of youngsters without any warning."

The rapid rise in alcohol consumption is also not without any economic ramifications. A developing nation, for instance, loses around 1% of its annual output due to lost productivity of drunken workers. The report, without delving much into who drank how much and what, said alcohol practices varied from country to country and depended on culture and practices. Nagral, however, said it was crucial to understand that the previously followed British Society of Gastroenterology guidelines, which suggested consuming three units a day for men and two units for women as relatively safe, may no longer be the thumb-rule. "The alcohol concentration may vary or the quantities may not be same. More importantly, we have noticed that even with moderate drinking one can develop liver disease over a period of time," she said. "The fact that alcohol consumption for youngsters or women is no longer a taboo in our society has brought about the big shift in trend," Nagral said. A silver lining, though, as stated in the report, is that if users can cut down even one unit of alcohol per week, it can bring about a great difference to the disease graph.

Mumbai, June 22, 2015,

100 People died in Mumbai from toxic alcohol Toxic homemade liquor has killed 100 slum dwellers in Mumbai, and 45 people are in hospital after the mass alcohol poisoning, said the police. Police have arrested five people in connection in a western neighbourhood of the city in connection with the deaths, which started on Wednesday in the suburb of Malad West. "More than 150 have consumed this alcohol. The death toll may rise," said Dhananjay Kulkarni, Mumbai's Deputy Police Commissioner, over the weekend. Eight police officers have also been suspended for "negligence" for allowing the sale to take place, he said. An investigation is taking place over whether high levels of methanol were present in the moonshine, often called "country liquor". Methanol, a highly toxic form of alcohol used as antifreeze or fuel, is often added to bootleg liquor in India as a cheap and quick method of upping the alcohol content. The latest incident is the worst case of its kind to be recorded in Mumbai since 2004 when around 100 people died. In January, more than 31 people died near Lucknow in the northern state of Uttar Pradesh after drinking a lethal batch of home-brew. Police arrested 12 people in October 2013 after more than three dozen villagers died from toxic liquor also in UP. In 2011 nearly 170 people died in the eastern state of West Bengal after drinking moonshine.

MAIL TODAY NEW DELHI, JULY 6, 2015, KAMANA SHARMA

DRUGS BEING SOLD AND USED OPENLY ACROSS DELHI UNIVERSITY CAMPUSES As Delhi University (DU) gears up for a new academic session, a Mail Today investigation reveals that drugs -from ganja and charas to the more

hardcore

LSD

(lysergic

acid

diethylamide),

MDMA

(methylenedioxyphenethylamine), ketamine and the new sensation Meow Meow (4-methylmethcathinone) - are being sold and used openly across college campuses. Not just the demand for high percentage, drug abuse unites north and south campuses of the hallowed Delhi University.

Madangir Village in south Delhi that has two big colleges near it, the College of Vocational Studies (CVS) and Shaheed Bhagat Singh College, is where you can simply stroll in and pick up marijuana that popularly goes by the name of weed or ganja. While policemen claim to have tightened the noose around peddlers in the area, Mail Today found a well-oiled machinery at work barely 20 metres from the police post. Sitting inside a grocery shop and selling the dough openly for college kids, a middle-aged woman told us it's her daily business. Posing as undergraduate college students and filming the entire episode with our spycam, we asked her the price of weed. She offered 10 grams of weed for Rs 100. At this point, a man standing near her shop came up to us and offered a guided tour of other dens where better quality ganja was sold for a premium. All this was happening right outside the Madangir village police checkpost. Drugs are also being sold over the phone. Peddlers have gone mobile now one can simply give them a call at widely-circulated numbers, which Mail Today accessed, for free home delivery of drugs. The administration, meanwhile, has turned a blind eye to what is going on in their backyards. Principal of Shaheed Bhagat Singh College, PK Khurana, said he had no knowledge of drug peddling around the college campus. Our investigation took us to the dingy bylanes of Govindpuri and its better-off neighbourhood Kalkaji in Delhi's Southeast district. These are favourite haunts for college-goers to buy hash, with two of DU's prominent south Delhi colleges, Deshbandhu and Acharya Narendra Dev, in the vicinity. Barely a two-minute walk from the Deshbandhu College campus, we met a 20-year-old who goes by the alias 'KD', and

moves around with the fashionable 'Savy', also barely out of his teens. The duo was delivering a consignment of charas to a college student who did not want his name disclosed. We were promised any amount of highquality charas (ranging from Rs 1,500 to Rs 4,000 for 10 grams) at an hour's notice. The principal of Deshbandhu College, Ajay Arora, denied having come across drug-related issues, though he accepted catching students drinking and smoking on campus red-handed. "Once I did get a complaint from parents that their kid had become an addict," said Arora, who advocated counselling for such students. Southeast District DCP MS Randhawa told Mail Today that he was clueless about such open drug peddling around college campuses. "We take measures to curb such nefarious activities when they are brought to our knowledge," he said. Colleges of DU's North Campus, too, have their own supply chain of drugs such as MDMA, Ket, hash and weed. Areas such as Timarpur and Model Town are hubs of cannabis and Meow Meow. Peddlers are on call and they meet at secluded areas around the campus with the supply. However, Hindu College principal also feigned ignorance of any such trade near her college. She did accept, however, that drug abuse was rampant around certain other college campuses. "There are certain areas around colleges in the North where such activities have been noticed. We try to be vigilant and the students have been warned against such activities," said Dr Anju Srivastava. Madhur Varma, DCP of Delhi's north district, said, "These activities are usually witnessed in and around Timarpur and Majnu Ka Tila, but we ensure that criminals are caught and booked under the NDPS Act. Police personnel have been stationed near the University campus to keep check on such activities." However, in the shade of groves at the Faculty of Arts in north campus, we saw students brazenly rolling joints of charas and ganja. They boasted of smoking up and even doing hard drugs despite the presence of campus security guards. "These guards are temporary daily wagers. We can easily bully them into silence." Under another tree, four students were caught on our sting camera, crushing dried charas to fill in their cigarettes. "Why do you ask what we are doing here? Don't you know the answer? We are students, why will guards or anyone else question us?" said another student. When asked, Minni Sawhney, Dean, Faculty of Arts, told Mail Today heard 'vague rumours'.

July 21, 2015,

1509 people died in Tamil Nadu due to toxic liquor CHENNAI: There may have been no deaths recorded due to spurious liquor in the last three years but the State still has the poor distinction of being ranked number one when it comes to the fatalities in the last 10 years. As per the figures compiled from National Crime Record Bureau (NCRB) during the last 10 years (2005-2014), Tamil Nadu registered 1,509 deaths, the maximum due to spurious liquor, said general secretary of Satta Panchayat Iyakkam Shankar Armugham. Shankar says that during the last 10 years, the nationwide toll is 11,032. Neighbouring Karnataka, he added, stands second second with a toll of 1,421 while Punjab is third with a spurious liquor death toll of 1,364. Satta Panchayat Iyakkam has been vociferously demanding a ban on sale of liquor. Recently, the organisation had even done a study on a brand of brandy, which had high quality of ethyl alcohol and sediments. Shankar says that in a State like Gujarat that had banned alcohol, the deaths due to hooch are much lower than in Tamil Nadu. The toll during the last 10 years is 843. “This discounts the theory that a ban could result in more deaths due to alcohol”. Pointing out an irony, he said the State has a total of 6,800 Tasmac shops but only 4,370 libraries.

September 18, 2015

Alcohol consumers in India face higher health risk Alcohol use is responsible for about 4 % of global burden of disease. However, current drinking has been found to disproportionately raise the risk of cardiovascular disease, cancer and injury in people living in low-income countries such as India and Zimbabwe and lower-middle-income countries such as China and Colombia. Till date, all epidemiological studies on impact of alcohol consumption on health have been restricted to high and middle-income countries. For the first time, a study published today in the journal “The Lancet” looked at its impact on people living in countries of all income levels. “Our study did not look at the association between alcohol and one disease but at the overall effect of alcohol,” said Dr. Rajesh Kumar a co-author of the paper from the Chandigarh-based Postgraduate Institute of Medical Education and Research, School of Public Health (PGIMER). While 38 % current drinking was associated with increased risk of cardiovascular disease, cancer and injury in lowerincome countries, it was only 16 % in the case of higherincome countries. The higher risk in people living in lower-income countries compared with those living in higher-income countries was seen despite the fact that more than three-quarters of participants in higher-income countries consumed alcohol visà-vis just one-eighth in lower-income countries. Despite the lowest prevalence of drinking in lower-income countries, participants from these countries had the highest prevalence of high-intake and heavy episodic drinking. Both high-intake and heavy episodic drinking were associated with increased risk of overall mortality.

“Our study confirms that high alcohol consumption is associated with increased risk of mortality, cancer, and injury, and a non-significantly reduced risk of myocardial infarction,” they write. A reduction in heart attack risk was seen with low or moderate intake but not with high intake of alcohol. If any, there was a heightened risk of mortality with high intake of alcohol. Another major difference between current drinkers in lowerincome and higher-income countries was concerning the type of alcohol that they consumed. For instance, the percentage of people consuming liquor and wine was 89 % and 3 % respectively in countries like India compared with 10 % and 61 % respectively in higher-income countries. People who consumed liquor seemed to have “higher hazards of mortality, stroke, cancer, injury, admission to hospital and the composite” compared with wine or beer consumers. “Wine drinkers generally had the lowest hazards for cardiovascular disease, including a significantly reduced risk of myocardial infarction, compared with never drinkers,” they write. Current drinkers in lower-income countries like India were younger, more likely to be male, less educated and more likely to be current smokers, and have lower body-mass index and higher blood pressure than those in higher-income countries. “Although current drinking was associated with a 24 % reduced risk of heart attack, there was no reduction in risk of mortality or stroke, and current drinking was associated with a 51 % increased risk of alcohol-related cancers and a 29 % increased risk of injury in current drinkers,” notes a release. The data came from 12 countries participating in the Prospective Urban Rural Epidemiological (PURE) study, a prospective cohort study of individuals aged 35-70 years. The median follow-up was 4—3 years and current drinking was reported by 36,030 individuals from all income levels.

SHOBHAN SAXENA, 16 December 2015

Murders make India a really dangerous Country India records the second highest number of murders in the world every year. With a youth bulge, large unemployed male population, chaotic urbanisation and increasing drug abuse, India is a ticking time bomb of everyday violence.

Rio de Janeiro: In 2012, some 252 civilians died in terrorist and insurgency-related violence in India. The same year, 43,355 people were murdered by criminals or ordinary people known to their victims. The number of people murdered was 170 times more than the figure of terror victims. The year was not an exception. This has been a pattern since 2000. The figure puts India at the second place in the list of countries with most intentional murders – homicides. With 58,000 murders in 2012, Brazil tops the chart.

Though terrorism dominates all media coverage and public debates on violence in India, the chances of a citizen being a victim of homicide are much higher, according to a “murder map” prepared by Igarapé, a Brazilian think-tank which tracks homicides across the globe. In the interactive map, which shows the countries where people are most likely to be murdered, India is in the dangerous zone. But the issue is hardly discussed in the media and by policymakers in India, according to Robert Muggah, the founder and research director of Igarapé. In an exclusive interview with The Wire at the think-tank’s headquarters here, Muggah said that in contrast to well-known gun violence in the Americas and Africa, the problem of homicides is absent from public security and development agendas in India.

“It’s a common narrative that its terrorism or insurgency that is responsible for most violent deaths. It’s the same in the US, where mass shootings animate debates on the issue of guns despite the fact that homicides claim 20 times more victims. Often the public gaze is seized by — and the media contributes to the view — the sporadic, highly visible incidents of violence that are more dominant,” says Muggah. While mass shootings and gang wars are virtually unknown in India, it belongs to a small group of countries that carry the burden of a vast number of homicides around the world. Mexico, Brazil, Venezuela, Colombia, India, South Africa and Nigeria account for 2/3 of the global distribution of homicide. “The aggregate figure of 45000 plus homicides is big number. India’s homicide rate 4.5 per 100,000 people, has been going down and levelling off, but it is still a bit alarming. It is still four times higher than the homicide rate in the UK, well above the average in OECD countries but below the global average of 6.3. But there is no public debate on lethal violence outside terrorism and other conflicts,” says Muggah, explaining the dynamics of murders in India. Homicide Monitor, compiled using the most recently available date from 2012, draws on information from the UN and statistics from respective governments, “and classifies the data on murders by country, year, age of victim, gender, and the type of weapon used. It includes data for more than 219 countries and territories from 2000 to 2012. “It is a threedimensional, digital dashboard of global homicide rates. The idea is to provoke a debate on homicides. It is an important step in transparency. By putting the homicide figures and their causes in the public domain, we are trying to shine a light on them,” says Muggah, adding that the think-tank hopes policymakers and researchers can use the tool to tackle the startling figures by involving local communities in decision-making and by deploying large numbers of officers in areas with high murder rates.

This technique, called “hot policing”, reduced the homicide rate in São Paulo from 42.2 per 100,000 people in 2000 to 13.9 per 100,000 in 2010. “What we want to do with this monitor is to create a hopeful story. We want to show that it’s possible to check the high rates of murders. We want to provoke a discussion online.” In India, discussion on homicides is often sparked by sensational crimes like Aarushi-Hemraj and Sheena Bora murder cases. But the media coverage and debates remain limited to the whodunit aspect of the crime. How widespread is this routine, banal violence – as shown by high homicide figures – is rarely discussed. Based on their findings, Igarapé researchers believe that the problem in India is actually more serious than believed due to the scale of unregistered births and deaths, the poor quality of data collection and underreporting of crimes by the police. “We have two data sources for India: one is the data from the national police records (NCRB), and the second is the one that the UN and OECD have adjusted to count what they think are the discrepancies in the data. In 2012, the UN-OECD count was 43,000, while the police count filed by the government on their site was 34,000, almost 10,000 homicides fewer. The UN has actually tried to adjust the rate by putting together a more accurate picture from different sources. That’s a big difference. If you go down to the local level, it will become even more pronounced,” says Muggah. It’s not just the high murder numbers that are a matter of concern, the causes – as analysed by the monitor – behind the homicides are even more worrying. Tens of thousands of Indians are killed in everyday casual violence with intimate partners or between youths who are inimical to each other. This kind of violence doesn’t hit the national headlines, but it does a follow a pattern that makes India a dangerous country. Though gun-related violence in India, according to the Homicide Monitor, is concentrated in Manipur, Nagaland,

Bihar, Jharkhand, Jammu and Uttar Pradesh, which together account for over 60 % of all registered homicides involving a firearm, India is following the old pattern of a spike in the murder rate with rapid economic growth accompanied by income and social inequality. This kind of explosive situation exists all across India, but it’s more pronounced in smaller cities. According to the Homicide Monitor data, the most violent places in India are not megacities, but rather mid-sized cities of between one and three million people. Four of the top five most violent cities in terms of murder by firearms are located in Uttar Pradesh. “Big cities like Delhi and Mumbai are not necessarily the most dangerous places. The smaller, medium-sized cities in India face the biggest challenge. And the countryside too. Those cities are outside

the

public

gaze,”

says

Muggah,

adding

that

unregulated urbanisation could be the reason for growing violence. “Latin America transited from rural to urban society in the space of two generations; India is going to do it probably in less than one. So it’s the medium and small cities, which you have never heard of, that are going to have the maximum concentration of homicides. You better be alert to this.” Another aspect of these cities – disproportionately large populations of unemployed and under-educated youth – is even more alarming. With more than 50% of its population under the age of 25 and 10 million people entering the job market every year, rapid urbanization coupled with lack of opportunities makes a dangerous cocktail. “When you have young males who are uneducated and unemployed, you tend to see high rate of violence. When a certain proportion of the population is under 30, you have high propensity to violence. So India is highly at risk. We had a look at the demographic of young people in the most violent states like UP and Bihar, where

young

people

gravitate

towards

cities

for

job

opportunities. So the cities are aggregators of this kind of violence,” says Muggah.

Lack of education and jobs is further accentuated by inequality, as happened in Latin America. In India, income inequality doubled between 1990 and 2010, and this has led India’s richest 10% to currently own 370 times the share of wealth that the poorest 10% hold. “It’s not extreme poverty and not even poverty at large in material sense that fuels violence. The problem is inequality: vertical in terms of income inequality and horizontal in terms of access to benefits. Those two things are combustible,” says Muggah. “Brazil wasn’t always violent. Until the 1970s, there was not much violence.” In 1970s, Brazil and several other South American nations joined US-led “war on drugs”. That started a never-ending cycle of violence in the whole region. It’s a lesson for India, where drug use is on the rise. According to the most recent data from the Narcotics Control Bureau (NCB), the quantity of drugs seized has increased by more than 450% between 2011 and 2013, while the number of cases related specifically to cocaine seizures increased by more than 70% since 2009. According to several reports, drug cartels from Latin America are trying new ways to reach India. “There are interesting parallels with Latin America, which has the added challenge of drugs. India is not immune to the drug issue. There is more and more heroin coming through India. There are more reports of drug consumption as more people move towards the middle class. India has the added problem of alcohol. Alcohol and drugs are what we call triggers. When you have the combustible mix of young people who are jobless and you throw in alcohol, it’s an explosive situation.” Drugs, guns and inequality have caused havoc in Latin America. Brazil alone accounts for 10%homicides in the world. Just 4 countries in Latin America account for 25% homicides. Violence is not innate, or somehow naturally occurring, in Latin America. A combination of risks converged that are not unique to countries and cities in the region and in fact are present in parts of India.

Muggah believes that India should learn from the Latin American experience to avoid going down the same path. “The first thing is to anticipate the emerging risks around urbanisation and youth and drugs and alcohol. India should generate capabilities to monitor and analyse these situations. Right now, there is no robust system at the local level.

We have seen

a dramatic reduction in violence in Latin

Amercia in those places where the mayors have worked with the private sector and civil society to introduce data driven interventions. Mayors in Brazil have done exceptionally good work and we have seen dramatic reduction in several cities by over 75 percent in 10 years,” says the Igarapé founder.

Globally, homicide rates have been declining. In India, the official homicide rate – as per NCRB data — was 4.5 in 2000; today it is 3.5. The UN figure for India is still 4.5; it is not rising but levelling off. But the absolute number of murders has almost stayed the same since 2000. India doesn’t fall into the category of hyper-violent societies, but the sheer high number of murders make it one of the most dangerous countries. Addressing structural risks like urbanization and job creation would definitely take time, but India can make a beginning by breaking its silence on the problems of everyday violence.

April 7, 2016,

Alcohol-related deaths are major cause of concern Alcohol-related deaths caused by diseases due to alcoholism, are a major cause of concern. In 2012 alone, about 3.3 million deaths in India were attributed to alcohol consumption. This amounts to some 5.9 per cent of global deaths that year. On the WHO's "Years of Life Lost" (YLL) scale — a measure of premature mortality — alcohol- attributed years of life lost puts India on a precarious 4 on a scale of 1 to 5. This simply means that a large number of people from India lose their lives early due to alcohol consumption and its fallouts. There are numerous health-related problems due to excessive consumption of alcohol. Alcoholism is one of the leading causes of liver cirrhosis and failure. About 10 % of strokes, tuberculosis, hypertension, and epilepsy are caused by alcohol consumption. As per the World Health Organisation (WHO) Global Status report on Alcohol and Health, about 38.3 % of the world's population is reported to consume alcohol regularly. About 30 % of India's population, just less than a third of the country's populace, consumes alcohol regularly. Some 11 % are moderate to heavy drinkers. The average Indian consumes about 4.3 litres of alcohol per annum, while the rural average is much higher — at about 11.4 litres a year.

According to an Organisation for Economic Cooperation and Development (OECD) report, released in May 2015, alcoholism increased by 55 % between 1992 and 2012. It is a quickly rising concern among the youth of the country. Apart from the health concerns, alcoholism is one of the greatest causes of poverty in the country. Primary bread-earners are 10 times more likely to report alcohol abuse in the country. The regular consumption of alcohol is also inversely proportional to the family income. This means that consumption increases significantly with diminishing income. Further, consumption of local brews and toddy is a major health risk for Indians, especially those from the lower economic groups. Manufacture sale and intake of toxic homemade liquor brewed with dangerous ingredients takes a number of lives each year. In 2009, in Gujarat about 136 lives were lost in one single incident. The State then came up with the death penalty for selling such "country liquor". In January 2015, about 94 people lost their lives due to consumption of toxic liquor in Maharashtra. Punjab had always been in the news for alcohol consumption, though Dadra & Nagar Haveli, Arunachal Pradesh, Andaman & Nicobar Islands, Andhra Pradesh, Daman & Diu, Sikkim and Puducherry, are among the highest consumers

of

alcohol

and

spirits

in

the

country. The

consumption of liquor in Punjab increased by almost 60 % between 2007 and 2012 and most new addicts were found to be among the youth, and in the age group of 15 to 35.

There is hardly a family in the rural areas of Punjab where one or the other member does not indulge in liquor or substance abuse. Fatal accidents occur frequently because many drivers, particularly truck drivers, do not drive without first consuming alcohol or some other intoxicant. The state government earns revenue between Rs 4,000 and 5,000 crore per annum. Excise collection in Bihar is also around Rs 4,000 crore per year. If Bihar could afford to bear this loss, there is no justification for Punjab not to follow suit. In fact, the loss of revenue is rather a gain in terms of health benefits and considering the social evils related to liquor consumption. One of the reasons of suicidal deaths in rural Punjab is also attributed to the compulsion of lavish spending to maintain the social status, during marriage functions where there is considerable expenditure on alcohol. Given these facts, could the Punjab government think of banning alcohol in the state? It, however, needs the will to do so leaving aside the vote politics. Now, with the elections around the corner in Punjab, would political parties add to their manifesto the promise to make the state dry after they gain power? No religion advocates use of alcohol. While Islam as a religion prohibits the consumption of alcohol and Hinduism mentions it as one of the moral evils, a true Sikh is also not supposed to consume alcohol. All Sikhs the world over hold the Akal Takht in high esteem. A Hukamnama from this holy place may go a long way to free the state from this menace.

The Indian Express May 25, 2016,

One Indian dies every 96 minutes due to alcohol consumption

As the debate over alcohol bans grows across India, 15 people die every day or one every 96 minutes, from the effects of drinking alcohol, reveals an India Spend analysis of 2013 National Crime Records Bureau data, the latest available. The per capita consumption of alcohol in India increased 38%, from 1.6 litres in 2003-05 to 2.2 litres in 2010-12, according to a World Health Organisation report, which also revealed that more than 11 % of Indians were binge drinkers, against the global average of 16 %. The data explains the wide political support for crackdowns on alcohol, although experts point out that alcohol is a health problem not a moral one. In Tamil Nadu, J Jayalalithaa shut down 500 liquor stores on May 23, the first day of her fourth term as Chief Minister. In April, Bihar imposed prohibition a ban on the sale, production and consumption of alcohol. In August 2014, Kerala restricted the sale of liquor to five-star hotels. Pre-poll surveys in Kerala and Tamil Nadu found wide support for prohibition, 47 % of men and women in Kerala and 52 %

in Tamil Nadu, the

Indian Express reported. The leading reason for the ban, respondents said, was alcohol-fuelled domestic violence. Before

the

Nagaland

latest were

prohibition.

crackdowns on

the

only

Indian

alcohol, Gujarat States

with

and

complete

Maharashtra

reported

the

most

alcohol-related

deaths,

followed by Madhya Pradesh and Tamil Nadu, according to the NCRB data, with experts saying high rates of alcoholism correlate with high crime rates. “Major crimes and accidents are fuelled by alcohol, which also leads to sexual harassment of women and robberies”, S Raju, of Tamil Nadu’s Makkal Adhikaram told the BBC. “Alcohol abuse is also the reason why Tamil Nadu has the largest number of widows under 30 years of age”, he added. A quarter of all hospital admissions and 69 % of all crimes in Kerala are due in part to intoxication, according to the Alcohol and Drug Information Centre, an NGO, quoted in The Economist. Five people died every day in 2014 after drinking spurious liquor. In 2015, consumption of illegally brewed liquor claimed more than 100 lives in Malwani, Mumbai, triggering widespread outrage. As many

as

1699

people

died

in

2014

after

consuming

spurious/illicit liquor, an increase of 339 % from 387 in 2013. Notes: The data for deaths due to alcohol influence nationally as well as state-wise has been stopped since 2014 and is included in sudden deaths overall. Therefore, we have taken the 2013 figures and analysed accordingly. There is a possibility of more deaths

due

to

alcohol

influence

under

the

heart

attacks/epilepsy category. However, it is difficult to ascertain the exact number of deaths, and hence, we have just used the figures under ‘influence of alcohol’.

Hindustan Times JULY 03, 2016, ASEEM BASSI, AMRITSAR

AAP WILL END PUNJAB DRUG MENACE IN A MONTH Sounding the poll bugle in Punjab, AAP Convener and Delhi Chief Minister Arvind Kejriwal on Sunday said his party would end the drug menace and mafias in Punjab within a month. Addressing a rally in Amritsar to announce party’s youth manifesto, Kejriwal claimed that the AAP will register an impressive win in the assembly elections in Punjab. He said surveys have shown that the AAP would win 100 of the 117 seats in the state. Hitting out at the SAD-BJP government in the State for its failure to control drug problem, the Delhi CM said all those involved in the drug trade, including revenue minister Bikram Singh Majithia, police officials and politicians would be put in jails once the AAP forms government in Punjab. Majithia had filed defamation cases against Kejriwal, AAP’s Punjab affairs in-charge Sanjay Singh and Ashish Khetan accusing them of tarnishing his image and of his family members through false, malicious allegations. “We will form a special drug task force to make Punjab a ‘Nasha-Mukt’ State. The Akalis and Congress are hand in glove, they both have looted the State for years. But you have an alternative now as AAP will provide clean governance,” he said. With the “Anti-Drug Campaign” one of the major focus in the 51-point Manifesto, Kejriwal announced that, “When in power, AAP will start round the clock Anti-drug toll free number, bring special law to give life imprisonment till life for guilty drug peddlers, facilitate post treatment rehabilitation of addicts.” Announcing the AAP youth manifesto, Kejriwal promised 25 lakh jobs to the youth and said no application fee would be charged from job seekers. He also announced to do away with interviews for jobs in the state. AAP leaders Bhagwant Mann, Such Singh Chhotepur, Ashish Khetan, Kanwar Sandhu and Gurpreet Ghuggi also targeted the government in their address.

International Business Times July 17, 2016

21 People died after consuming spurious alcohol A minimum of 21 people have died and more than a dozen hospitalized, with some complaining of loss of vision, after consuming country-made liquor in the Etah district of Uttar Pradesh. Police has arrested the key accused Shripal Lodh. They are said to have consumed the hooch late on Friday night at a get-together in the Johari Darwaza area in Aliganj. As they began to display symptoms like vomiting, nausea and blurred vision, they were on Friday night itself rushed to a local hospital, where five of them were declared brought dead on arrival. The five deceased were identified as Ram Avatar (59), Ateeq (35), Ramesh (38), Sarvesh (25) and Netrapal (35). Some of those who have lost their vision due to the spurious alcohol have been identified as Naresh, Vijay, Sarvesh, Kallu and Arvind according to a report by IANS. By Sunday morning, the death toll was revised to 17. It would rise to 21 by noon according to a report by Zeenews. Many of the hospitalised survivors are now complaining of loss of eyesight due to the adverse effects of the spurious or adulterated liquor. The alcohol that is fit for consumption is ethyl alcohol, which when made gives methyl alcohol as a byproduct. Methyl alcohol is toxic for humans. However, when liquor is made illegally, the makers often add this methyl alcohol in it to increase its "potency." In the aftermath of the hooch tragedy, Chief Minister Akhilesh Yadav suspended the sub divisional magistrate, district excise officer, circle officer and the Aliganj station house officer of the area. More action is expected to come, as Uttar Pradesh heads to elections in a few months, and Akhilesh would not want this issue to become a poll plank. Meanwhile, the Senior Suprindendent of Police of Etah district has also suspended seven policemen in the aftermath of the tragedy.

TUESDAY, AUGUST 09, 2016, NEW DELHI

DELHI'S DARK ADDICTION: NEW KIDS THRONG THE DRUG BLOCK, MORE VULNERABLE TO AIDS Shrouded deep in Delhi’s underbelly lurks an abstruse secret. The average age of children indulging in substance abuse in the capital is 13.7 years, according to a study by the Delhi Commission for Protection of Child Rights (DCPCR) on Substance Abuse by Children. The study conducted by the Delhi government body in June found that 100 per cent of the children in conflict with the law were drug abusers, 95.5 per cent of them staying in child care institutions were on drugs and 93 per cent of street children consumed narcotics. Street children are on a perpetual high of smack, brown sugar, marijuana (ganja) and hashish (charas). Those who can’t afford these are addicted to inhalants like ink eraser fluid, petrol, Iodex and glue. Others are hooked to sleeping pills and cough syrup. Most of them are on a cocktail of drugs and share the same needle, increasing their vulnerability to AIDS. “The highest number of children consuming drugs are school dropouts,” states the study. As many as 88 per cent of children got addicted to drugs due to “peer pressure”, 57 per cent of street children have been on drugs for more than five years and 56 per cent of them want to quit substance abuse. DCPCR interviewed 500 street students, 500 children living in children’s homes and 500 children in child care institutions. Data was also collected from the departments of Women and Child Development, Health and Family Welfare and Education and from National Institute of Social Defence and Ministry of Social Justice and Empowerment, apart from NGOs, National Commission for Protection of Child Rights, Delhi State Legal Services Authority and from UN organisations working for children in Delhi like UNODC, UNICEF and WHO.

DCPCR’s Chairperson Mr. Arun Mathur told The Sunday Standard,

“Substance

abuse

by

children

needs

to

be

addressed immediately. Places where children are more prone to drugs should be identified. After that, the government can think of de-addiction and rehabilitation.” The Department of Women and Child Development is finding out the exact number of addicted street children. The department’s assistant director S C Vats told The Sunday Standard, “Around 90 to 93 per cent of street children are consuming drugs. We plan to assess the problem.” He said that places like Yamuna Bazaar, Red Fort, Chandni Chowk, Jama

Masjid, Connaught

Badarpur,

Mahipalpur,

Place,

Rohini,

Mehrauli, Civil

Chhattarpur,

Lines,

Old

Delhi,

Seelampur and Sultanpuri, railway stations, bus stops and depots, East and North East Delhi Pusta roads, slums in Jahangirpuri

and

Nand

Nagri

are

filled

with

children

consuming drugs. He added that the department gets five to six calls per day from parents or family members of children and college students about their addiction. Recently,

the

mother

of

a

14-year-old

boy

called

the

department for information about de-addiction centres in Delhi. She said that her son had started behaving oddly two months ago. On returning from school, he would lock himself in his room for hours. His counsellor in school had called her and had said that he had become unresponsive in class. When she searched his room, she found three empty bottles of solvent in his school bag. The child is not the only one. Many children from wealthy and poor families have become addicts, apart from street children. Crimes by Children: While some of these children are rehabilitated and detoxified, many take to crime to meet their urge for drugs. On July 18, two minors were apprehended with four others for killing a security guard and his brother, and committing a robbery at the Delhi United Christian Senior

Secondary School near Raj Niwas. The children were from the streets and were drug addicts. They were friendly with petty criminals, who were also drug addicts. On July 20, a juvenile was held for murdering a gardener at a farmhouse in Fatehpur Beri after he refused to give money to the accused juvenile. Three students of a government school—aged between 12 and 14—confessed that for the last one year, they were involved in thefts and were buying drugs. On February 2, one of them was found unconscious on a street near his home in East Delhi. During inquiry, he confessed that he was consuming drugs for the last two years with two friends and they had started committing crimes. Last year, Delhi Police had received a complaint that children who take drugs in the open can be a menace for women and passersby in Connaught Place. Police identified 24 children in the area and sent them to a children’s home. Modus Operandi: Drug peddlers generally operate in slum clusters near schools and colleges. They first lure students who smoke to try drugs for free. When they get addicted, the peddlers force them to sell drugs to other students. Then, a peddler calls him on his phone posing as a police officer and threatens to arrest him. The peddler starts extorting money from the student. They also force the student to sell drugs to girls, who are later forced into prostitution. Comorbidity in Substance Abuse: Substance abuse is a mental health concern. The DCPCR report indicates that children taking drugs have a higher risk of developing conduct disorder, oppositional defiant disorder, depression, anxiety and attention deficit hyperactivity. Apart from that, needle sharing among drug users increases their vulnerability to HIV. Rescue Schemes: The government is taking several measures to prevent substance abuse by children and offers services for rehabilitation. Delhi has seven government detoxification centres and four centres run by NGOs. These are, however,

not children-specific. The Child and Welfare Department’s request to Delhi Health Services to open detoxification centres at government hospitals for children was turned down, citing that hospitals are already under pressure due to massive footfall and lack of beds. The government claims that it is rigorously implementing the Cigarettes

and

Other

Tobacco

Products

(Prohibition

of

Advertisement and Regulation of Trade and Commerce, Production,

Supply

and

Distribution) Act,

2003,

which

prohibits selling tobacco products to persons below the age of 18 and at places within a 100-metre radius from the outer boundary of an institution of education. Drug Diary ■ A study by NGO Chetna revealed that there are around 1.5 lakh to two lakh street children in Delhi who use drugs ■ A 2011 study by NGO Bachpan Bachao Andolan found that 50,000 children live on the street and a majority of them are into substance abuse ■ In 2013, the Department of Women and Child Welfare and Directorate of Education identified 98 government schools as vulnerable to drugs ■ A 2013 survey by Don Bosco National Forum for the Young at Risk, working on street children and youngsters, revealed that 69,976 children live on Delhi’s streets. ■ DCPCR interviewed 500 street students, 500 children living in

children’s

institutions.

homes

and

500

children

in

child

care

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I. A. No-

of 2016 IN

WRIT PETITION (C) NO …. OF 2016 IN THE MATTER OF: Ashwini Kumar Upadhyay

…Petitioner-in-Person

Verses Union of India & others

...Respondents

APPLICATION FOR PERMISSION TO APPEAR AND ARGUE AS PETITIONER-IN-PERSON

To, HON’BLE CHIEF JUSTICE OF INDIA AND LORDSHIP’S COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA HUMBLE PETITION OF ABOVE-NAMED PETITIONER

MOST RESPECTFULLY SHOWETH: 1. That the present writ petition is not guided by self-gain or for gain of any other individual person, institution or body. There is no motive other than of larger public interest in filing this writ petition. Petitioner has no personal interests or individual gain, private motive or oblique reasons in filing this writ petition. This petition is being filed under Article 32 of the Constitution of India. It is totally bona-fide with the sole purpose of larger public interest and in interest of justice.

2. That the present application is being filed by the Petitioner-inPerson. Petitioner is well conversant with the facts and competent to submit the submissions as petitioner-inperson before this Hon’ble Court. 3.

That petitioner is a practicing Advocate before this Hon’ble Court and High Court of Delhi and wants to appear and argue this matter as petitioner-in-person before this Hon’ble Court. However, petitioner has no problem, if this Hon’ble Court appoints an Advocate to assist the Court in this matter. 4. That in view of the above facts and circumstances, it is respectfully submitted that present petitioner be allowed to appear and argue the matter as petitioner-in-person. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:a) allow the petitioner to appear and argue as petitioner-inperson before this Hon’ble Court in the above matter; and b) pass such further order/orders as this Hon’ble Court may deem fit in the facts and circumstances of the case and in interest of justice.

05.08.2016 New Delhi

Ashwini Kumar Upadhyay (PETITIONER-IN-PERSON) Advocate En. No-D/1119/12 15, New Lawyers Chambers Supreme Court, New Delhi-01 G284,Govindpuram,Ghaziabad #08800278866, 9911966667

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO …. OF 2016 IN THE MATTER OF: Ashwini Kumar Upadhyay

…Petitioner-in-Person Verses

Union of India & others

...Respondents

LETTER FOR URGENT HEARING

To, The Registrar, Supreme Court of India, Tilak Lane, New Delhi-110001 Sir, Petitioner has filed the above-stated writ petition under Article 32 of the Constitution. Matter is urgent in larger public interest and in the interest of justice as prayed. Kindly consider this letter for urgent hearing and list the matter at an earliest date.

19.09.2016 New Delhi

Ashwini Kumar Upadhyay (Petitioner-in-Person) Advocate En. No-D/1119/2012 15, New Lawyers Chambers Supreme Court, New Delhi-01 G284,Govindpuram,Gzb-13 #08800278866, 9911966667