Abstract
India’s alcohol industry significantly contributes to the national economy; however, it also raises critical concerns about public health and illicit consumption. Legal frameworks for alcohol distribution, sales, and consumption vary considerably across states in India, as the subject of ‘alcohol’ falls under the State List within the Seventh Schedule of the Indian Constitution. Notably, states like Gujarat, Mizoram, Nagaland, Bihar (referred to as ‘dry states’), and the Union Territory of Lakshadweep have completely banned alcohol, while the legal drinking age ranges from a minimum of 18 to a maximum of 25 in other states and Union Territories. Despite these regulations, underage drinking remains a pervasive issue in India. This Research Paper suggests a complex interplay of factors contributing to this phenomenon including family dynamics, socioeconomic status, and peer pressure, alongside the ongoing romanticization of alcohol consumption in pop culture and social media. This underage drinking is a crucial threat to the underaged consumers and the society. The paper also addresses its effects that can lead to detrimental changes in behaviour, health problems, and negative social consequences. Furthermore, this research paper delves into the legal landscape surrounding underage drinking in India, by analysing relevant Indian legislation, legal rulings, and scholarly works. It also examines the effectiveness of the current framework. It explores the socio-economic factors influencing underage drinking, as well as the societal repercussions associated with it. Finally, the research identifies challenges in curbing this issue and proposes potential legal reforms and policy initiatives. These may include establishing a national legal age of intoxication, strengthening enforcement mechanisms, and promoting public awareness campaigns.
Keywords
Alcohol consumption, minor, Alcohol Laws, Public Health, Policy Reform
Introduction
‘Pune Porsche crash: Teen driver admits to police he was drunk driving, say sources’; This is the headline of a recent news article published by India Today’s website covering the heinous crime committed by a 17-year-old minor in Pune, Maharashtra where he fatally knocked down two people while driving a Porsche car and being heavily intoxicated by alcohol. Alcohol consumption has been rampant throughout the nation of India. Although it attains legality at a certain age in certain states, it does not defeat the idea of being a harmful substance for adults and adolescents at the same time. It has many side effects leading to potential physical and mental health risks, vulnerability in socioeconomic status, irresponsibility in maintaining family relationships, etc.
While legal drinking ages exist, varying from 18 to 25 across different states, these regulations seem insufficient in curbing the issue. The problem extends beyond legal restrictions. Alcohol, regardless of age, poses significant health risks – impacting physical and mental well-being. It can exacerbate existing conditions, lead to risky behaviour, and negatively affect academic performance, career prospects, and even family relationships.
There are no stringent rules and regulations vis-à-vis alcohol consumption by minors. The minor, under the current Indian Law, will not face any kind of penalty or punishment for the consumption of alcohol. There is no nationwide law prevalent for the same either. The Juvenile Justice (Care and Protection of Children) Act, 2015 and legal frameworks of a few states do prohibit the sale and serving of alcohol to minors, however, these frameworks lack stringent enforcement which undermines the value of penalty or punishment associated with it, contributing to the easy availability of liquor and hence helping the trend of unhealthy and illicit alcohol consumption by minors.
Research Methodology
This research paper being descriptive in nature is going to follow the Doctrinal Legal Analysis with the help of primary sources including The Constitution of India, particularly Schedule 7 (State List) which grants States, the authority to regulate alcohol distribution and consumption. The sources further include national and state-level legislation about alcohol consumption, sales, and age restrictions.
It also takes the help of Secondary Sources such as scholarly articles, research papers, legal commentaries, and reports by government agencies or NGOs focused on alcohol policy and underage drinking in India. By utilizing a combination of first-hand data, scholarly articles and research papers, the research aims to provide a nuanced understanding of the issue and propose potential avenues for reform.
Review of Literature
The legal age of intoxication in India, with its variations across states, raises critical questions about its effectiveness in curbing underage drinking. This review of literature delves into existing research and scholarship to understand the current landscape and potential avenues for reform.
According to a research paper on ‘Pattern of alcohol consumption in underage population in an Indian city by Dipesh Bhagabati, Bornali Das, and Shyamanta Das, focusing on public perception, studies suggest a discrepancy in the perception of underage drinking among Indian youth. While some users may dismiss it as a minor concern, non-drinkers view it as a significant issue. Denial of the problem might be prevalent among young drinkers themselves.
Both drinkers and non-drinkers tend to attribute responsibility for the issue to their own generation. Additionally, the easy availability of alcohol, evidenced by the abundance of outlets and lax age verification practices (reportedly non-existent in 85% of cases), is identified as a contributing factor. A report from Delhi indicates that nearly 34% of individuals below 16 can easily obtain alcohol from authorized vendors. To an intriguing result, both groups opted for raising the legal drinking age. While non-drinkers favour a stricter minimum age of 25, there’s a general perception that existing regulations (ranging from 18 to 25 across states) are ineffective due to poor enforcement. Surveys suggest this lack of enforcement is reflected in pub demographics, with nearly 80% of patrons in Delhi exceeding the legal limit.
This highlights a potential disconnect between legal frameworks and real-world practices. Further research is needed to explore the effectiveness of current legislation and the impact of raising the legal drinking age in India.
According to the survey conducted in Delhi by Community Against Drunken Driving (CADD) revealed a staggering statistic: nearly 90% of respondents (88.8%) had consumed alcohol before reaching the legal drinking age of 25 in the capital city. Interestingly, almost everyone surveyed (98%) was aware of the legal drinking age, highlighting a disconnect between awareness and action. The prevalence of underage drinking in India is alarming, despite a surprising lack of public awareness of the issue. Some might mistakenly dismiss it as insignificant, but statistics paint a concerning picture.
In his article “Underage Drinking, Prevalence and Predictors in India: Analysis of Demographic and Health Surveys (DHS) Data,” Vishal Tikhute analysed data from the 2021 DHS survey involving 306,929 individuals aged 15-20. This analysis revealed a national prevalence of underage drinking at 2%. Tikhute examined not only the prevalence but also the factors associated with underage drinking. The research suggests a complex interplay of individual, behavioural, familial, socio-economic, and demographic factors influencing underage drinking. Based on these findings, Tikhute emphasizes the need for a multi-pronged approach: raising the national minimum legal drinking age, establishing uniform age restrictions across all states, stricter enforcement mechanisms, and public awareness campaigns highlighting the risks of underage drinking in India.
A recent article delves into the complexities of enforcing the legal drinking age, highlighting a web of challenges that hinder effective regulation. These challenges stem from a lack of rigorously enforced mechanisms and a culture that allows loopholes to be exploited. One of the most concerning issues is the lax enforcement of age verification practices. The report points out a disturbing trend: liquor stores and bars often fail to meticulously scrutinize identification. This creates a gaping hole in enforcement, allowing minors to easily circumvent the law and obtain alcohol. Furthermore, the article suggests a potential conflict of interest for bar owners. Increased profits garnered by serving underage patrons could incentivize them to overlook mandated regulations. This highlights the need for more stringent oversight and robust, consequence-driven enforcement mechanisms that prioritize public health over profit margins. The problem is further compounded by the easy availability of cash among young people. Their financial independence allows them to circumvent potential limitations on purchasing alcohol. Combined with the lack of meticulous age verification, this creates a situation ripe for underage drinking.
Causes of underage drinking
The growing issue of underage drinking doesn’t come out of thin air, there are several causes behind it varying from person to person. Some of them are as follows-
- Peer Pressure
One of the most common and prevalent causes of any mishap or misconduct by a minor is due to an ample amount of peer pressure. Peer pressure makes one question their actions and choices. During the delicate age of teenage, it is understandable how one can easily get influenced by their peers or get intimidated by them which leads them on a grey path. This grey path where when one gets indulged in unnecessary and misfortunate activites on the mere cost of ‘fitting in’ and ‘being cool’.
- Family dynamics
Some popular theories of social deviances emphasises on the role of family in the development of deviant behaviour. For instance, the social control theory says that the people having less attachment to family or having weak bonds with the family or more likely to develop deviant behaviour than people having a good connection with their family. Furthermore, people having an alcoholic parent or a family history of alcoholism might end up drinking at a young age. Young children might get curious about the drinks being served in front of them and might end up tasting it while no one is watching. People having abusive parents or absent parents might turn towards harmful and illegal substance as a way of escape which calms their mind and eases their life for a while. Lack of proper parenting or a weak family environment can exacerbate the situation and contribute to the consumption at an early and illegal age.
- Easy availability of alcoholic beverages
The licensed vendors or anyone authorised on their behalf are content with gaining profits by the sale rather than the concerned health risks. Due to this, the alcohol is provided easily to the underage population. The vendors do not care to check the fake IDs, etc, in a diligent manner.
- Romanticisation done by pop culture
Consumption of alcohol has been romanticized since a few years now with the rise of social media and popular culture. The high school and college students think that it is normal, and it would not affect them at all. The reality behind such kind of thinking is alcohol consumption being romanticized. By the word ‘romanticized’, it is meant that alcohol consumption is being glorified or glamorised. Some of the movies, web series, books, and also, several sorts of content on social media portray consuming alcohol. as if they are something extremely normal and nothing that jeopardises both the physical and mental health of an individual and also, the socio-economical level. This should be avoided, and action should be taken against it to prevent such serious issues.
- Lack of stringent legal frameworks
The current laws relating to minors and alcohol is only limited to selling of liquor by the vendors or employing underage people for the business related to it. It only imposes penalty and punishment for selling it to minors or employing them. However, to address a grave issue like this, the enforcement mechanisms are not working at a great pace either because people take these laws lightly. A mere fine upto 500 or 1000 rupees is nothing in front of a great profit. These laws need to be revisited and revised.
Repercussions Of Underage Drinking
The repercussions of underage drinking is an endless arena. It ranges from health risks, accidents to loss of one’s own life too. We will discuss about it in detail below. A few of the repercussions are as follows-
- Physical and Mental Health risks
Alcohol consumption at an early age comes with associated mental and physical health risk. It hinders the overall development of the brain which affects decision-making and alters the other brain activities as well. Furthermore, consuming excessive alcohol in a short period can be fatal, causing coma or even death. It also causes a bad impact on the lever and the immune system as well. Mental health risks can be associated with depression, anxiety, and even suicidal thoughts can be linked to underage drinking. Regular underage drinking significantly increases the risk of developing alcohol dependence later in life.
- Poor Socioeconomic Status:
Alcohol use can negatively impact concentration, memory, and motivation, leading to poor grades and increased absenteeism from school. Poor performance in school can limit future educational attainment, impacting earning potential. A history of underage drinking can lead to criminal charges or disciplinary actions that affect future job prospects. Furthermore, it can also lead to stealing of money from their own household or doing illegal or obscene activities just for the purpose of buying it.
- Involvement in Crimes:
Alcohol can cloud judgment, leading to risky behavior like vandalism, theft, or violence. Underage drinkers are more susceptible to being targeted for crimes like assault or robbery.
- Potential Harm to Others:
Drunk drivers pose a serious threat to others on the road, potentially causing accidents with injuries or fatalities. For instance, the recent Porsche case of Pune where an underaged 17-year-old knocked down two people during the state of being heavily intoxicated which led to their death, shows how reckless one can be when it comes to drunk driving. Alcohol can lower inhibitions and increase aggression, leading to violence against others.
- Weakening of Family Ties and Other Social Bonds:
Underage drinking can lead to arguments, conflicts, and disappointment within families. Broken promises or irresponsible behavior due to alcohol use can erode trust in relationships with parents and other loved ones. Underage drinking can damage social circles as friends may distance themselves from someone struggling with alcohol.
Laws Related to Underage Drinking in India
India following the concept of separation of power has vested the subject of ‘alcohol’ in the ‘State’ list under the Seventh Schedule of the Indian Constitution. Hence, different states have opted for different legal frameworks related to alcohol. However, merely a few of them address the provisions related to minors.
- Delhi Excise Act, 2009
Section 42 of the Delhi Excise Act, 2009 deals with the sale of liquor to minors, who will be under the age of twenty-five years. The provision mentions to impose a penalty upto 10,000 on whoever holds a licence, or anyone on their behalf, selling it to a person under the age of 25
This provision is only limited to the people who are in the business of selling it. It lacks any sort of punishment for the illegal purchase of alcoholic beverages by the underage group.
- Maharashtra Prohibition Act, 1949
Section 18 of the Maharashtra Prohibition Act, 1949 treats selling of liquor to minors as an offence.
In Maharashtra, the legal age is 25 years for consuming liquor like vodka, whiskey, rum, and other country-made liquor and 21 to consume beer and wine. These laws are taken in an unserious way as underage people get served with alcoholic beverages very easily in pubs and bars. The Manual of the Excise has a general provision under the ‘Penalties’ chapter for the punishment in case of any contravention occurs in relation to the provisions of the said act, however, it fails to expressly state punishments for sale of liquor to minors. The lacuna of any specific penalty or punishment regarding the sale to underaged people needs to be dealt with to curb the state of underage alcohol consumption.
- Himachal Pradesh Excise Act, 2011
Section 26 of the Act deals with the sale of liquor to minors and their employment in any such places where liquor gets sold, stored or served. This Section strictly prohibits a license holder or anyone acting on his behalf from selling or delivering any liquor under the age of 18 and imposes a punishment with a fine upto 10,000 rupees but not less than 2000 rupess. Furthermore, in sub-section 2 of the aforementioned section, it prohibits a license holder or anyone acting on his behalf from employing anyone under the age of 18 in the related aread. It imposes the punishment of imprisonment upto three months or fine upto 50,000 rupees or both.
- Punjab Excise Act, 1914
The Punjab Excise Act has an effect on Punjab and Haryana as well. Section 29 deals with the prohibition of sale to persons under the age of twenty five years. It prohibits the license vendor and anyone on his behalf to sell or deliver any liquor to any person under the age of twenty five years. The punishment for the same offense is given under Section 62, which imposes a fine up to five hundred rupees.
The punishment given under this Act seems like a mere formality. The vendors might make hefty profits and easily get away with this offense by an amount upto five hundred rupees.
- United Provinces Excise Act, 1949
This Act covers both Uttar Pradesh and Uttarakhand. The legal age for the consumption of alcohol in these states is 21. In context with that, Section 22 deals with the prohibition regarding selling of liquor to a person under the age of 21. The punishment for the same is by imposing a fine up to a mere amount of 1000 rupees under Section 61 of the Act.
These were a few of the State provisions having the legal age of 18, 21 and 25. The only nationwide law imposing a fine on alcohol consumption by underage has been covered in The Juvenile Justice (Care and Protection of Children) Act, 2015. Section 77 of the Juvenile Justice Act deals with the punishment related to serving liquor or any other psychotropic substance to a minor. It states that such person will be getting a rigorous imprisonment up to seven years and is also liable to a fine extended up to the amount of one lakh rupees.
Challenges with the prevalent law
The following are some of the challenges which are faced by the current law which hinders its effectiveness-
- Lack of stringent character
The current laws related to alcohol are of a very light character which results into the non following of law and people not taking it seriously.
- Weak Enforcement Mechanisms
Since the laws lacks a stringent character and people tend to not follow it, it leads to ineffectiveness. Sometimes, the offenders are not even punished as per the current laws due to factors such as, weak scrutiny, non-filing of complaints etc. This leads to an ineffective system of enforcement.
- Lack of awareness
Despite multiple campaign schemes. People still lack awareness regarding the consumption of alcohol. Moreover, the offenders who sell liquor are not aware of the laws related to it either. This lack of awareness is a serious issue which should be covered by educating minors and the majors as well.
Reformative Suggestions
We have delved through the challenges associated with the current legal framework. To make it more effective or to curb the issues related to underage drinking to an extent, following things can be opted for –
1. A nationwide legal framework to cause uniformity regarding the legal age and hence reducing the confusion and any prevalent issue regarding the enforcement within different states.
2. Better technology for digital age identification should be adopted so that licensed vendors or whosoever conducts legal business related to liquor can identify the age and detect fake IDs to avoid any mishaps.
3. Some penalty or punishment against minors above the age of 15 should be imposed so that they can hold a level of accountability and avoid consuming alcohol at such a young age.
4. Enhancement of scrutinizing strategies on areas that provide alcoholic beverages should be done.
5. Complete ban of alcohol might be the best reformative solution, however, it will face many oppositions and might contribute to unhealthy withdrawal symptoms within the users.
6. Education related to alcohol consumption and easily accessible rehabilitation facilities for the adolescents seeking out for help.
7. Parental monitoring plays a key role in adolescents falling into the trap of peer pressure and aids them from any such misconduct in the future.
Conclusion
Underage drinking in India is a serious concern with grave consequences. The current legal framework, with varying drinking ages by state and weak enforcement, proves insufficient. Lax age verification and easy access to alcohol fuel the problem. This paper explored the causes and impacts of underage drinking, highlighting the need for reform. To effectively combat this issue, India needs a uniform national legal drinking age, potentially raised to 21 or 25. Stronger enforcement through stricter penalties and technology-aided age verification is crucial. Public awareness campaigns and improved family support systems can address the root causes. Finally, accessible rehabilitation services are essential for minors struggling with alcohol use. A multi-pronged approach is necessary to create a safer and healthier environment for young people in India.
Divyanshi Srivastava,
Amity Law School, Lucknow