Tamil Nadu’s liquor policy myopic, says Madras HC – Times of India

A crowded Tasmac shop near Thiruporur in Chennai when it had opened last week

CHENNAI: Slamming Tamil Nadu government’s insistence on reopening liquor shops during lockdown, Madras high court has said the government is promoting kabasura kudineer for immunity, but wants to destroy immunity by opening up liquor trade.
“In a republican democracy as ours, when the Executive wing was to pursue a policy that is likely to destroy the right to life, the judicial wing cannot afford to sleep like Kumbhakarna… When a myopic State policy stands pitted against public health, the natural choice should be to protect the latter at the cost of the former…The State cannot be permitted to hide behind the cloak of policy decision when its action is likely to kill people in droves. At this critical juncture, if the judiciary fails to come to the rescue of the people and protect their cherished right to life guaranteed by Article 21 of the Constitution of India, history will not forgive this court,” said a division bench of Justice P N Prakash and Justice B Pugalendhi on Monday.
As for tipplers’ argument that they have a right to pander to their habits of drinking which is personal and no instrumentality of State can interfere, the judges said said: “Yes. We can afford to agree with this, if the COVID-19 pandemic is not at our doorsteps threatening to devour lives.” The bench rued: “On the one hand, the State wants its citizens to develop immunity by consuming Kabasura Kudineer and homeopathy medicines, and on the other hand wants to destroy the immunity by making liquor freely available to the public.”
The judges were hearing a batch of writ petitions on the issue and asking the court registry to place the issue before the chief justice, perhaps to be clubbed with similar cases pending before a division bench.
Whatever gains we gathered, thanks to our citizens, who, unlike citizens of certain Western countries, wholeheartedly remained indoors, are bound to get dissipated with the re-opening of the TASMAC shops, said the judges. “The right of the State to carry on liquor sales via Tasmac shops is not an absolute one, but only a qualified one under Article 19(1)(g) of the Constitution and when that right seeks to trample the right to life guaranteed by Article 21 of the Constitution, the former has to give way and remain subservient to the latter,” they reasoned.
Be it noted that what the petitioners are seeking is not a complete prohibition of liquor vending by Tasmac shops, but a wise decision to keep the shops closed for a limited period and, thereby, support the laudable efforts of the frontline Covid-19 warriors like doctors, nurses, paramedicals, police, corporation and municipal workers, judiciary, fourth estate, et al, the bench observed.