Supreme Court Bans Liquor Shops on National and State Highways to Curb Drunk Driving

The case of The State of Tamil Nadu vs. K Balu & Anr. addressed a significant public safety issue regarding the presence of liquor vends on national and state highways. The Supreme Court ruled that no liquor shops should be located along highways, emphasizing the alarming statistics on road accidents caused by drunk driving. The Court directed all states and union territories to ensure the closure of liquor shops along highways and barred new licenses from being issued.

Background of the Case

The case arose from multiple public interest litigations (PILs) filed before various High Courts, raising concerns over the easy availability of alcohol along highways. The petitioners argued that liquor vends along highways encouraged drunk driving, leading to fatal accidents. The matter was ultimately brought before the Supreme Court, which examined:

• The impact of drunk driving on road safety.
• The legislative framework regulating liquor sales along highways.
• The policy stance of the Union government on liquor vends.

The Union Ministry of Road Transport and Highways had issued multiple advisories since 2004, urging state governments to prohibit liquor sales along highways. However, compliance remained inconsistent, prompting judicial intervention.

Legal Issues

• Does the state have the power to regulate liquor sales on highways?
• Is there a constitutional right to trade in liquor?
• Does the presence of liquor shops near highways contribute to road accidents?
• What is the responsibility of the state in ensuring road safety?

Arguments by the Petitioners

• Drunk driving is a major cause of road fatalities, and easy access to liquor along highways exacerbates the problem.
• The state has a constitutional duty under Article 47 to improve public health and reduce alcohol consumption.
• The Motor Vehicles Act, 1988, penalizes driving under the influence, but enforcement is challenging when liquor vends are easily accessible.
• Several advisories from the Union government had recommended removing liquor vends from highways, but states failed to act.

Arguments by the Respondents

• The liquor trade is a significant source of revenue for states, and banning vends along highways would cause financial losses.
• Liquor licenses are issued under state laws, and a blanket prohibition could infringe upon state legislative powers.
• Accidents due to drunk driving cannot be entirely attributed to liquor sales along highways, as drivers may procure alcohol from other locations.

Supreme Court’s Judgment

The Supreme Court upheld the petitioners’ arguments, ruling that:

• No liquor vends shall be allowed along national and state highways.
• The prohibition extends to areas within municipal limits if the highway passes through a town or city.
• Existing liquor licenses shall remain valid only until April 1, 2017, after which no renewal will be permitted.
• Liquor shops should not be visible from the highway or directly accessible from it.
• All advertisements or signboards for liquor sales along highways shall be removed.

The Court noted:

“The presence of liquor vends on highways poses a grave danger to road safety. The availability of alcohol encourages consumption by drivers, leading to accidents and loss of lives.”

Impact of the Judgment

• The ruling enforces strict control over liquor sales along highways to improve road safety.
• State governments must now ensure compliance by relocating liquor shops away from highways.
• The decision aligns with the Directive Principles of State Policy under Article 47, emphasizing the reduction of alcohol consumption for public health.
• Financial losses from liquor sales may be mitigated by relocating vends to non-highway areas.

Conclusion

The Supreme Court’s decision prioritizes public safety over commercial interests, reinforcing the need for responsible governance in regulating liquor sales. By banning highway liquor vends, the Court aims to reduce drunk driving incidents and protect lives, ensuring a safer transportation network across India.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: The State of Tamil N vs K Balu & Anr. Supreme Court of India Judgment Dated 15-12-2016.pdf