Madras High Court Challenges TASMAC's Online Liquor Booking Facility

• A PIL petition has been filed before the Madras High Court challenging TASMAC's online liquor booking facility.
• The facility allows customers to check availability and prices of liquor, make payments online, and collect their purchases from designated TASMAC outlets using a QR code.
• The petition argues that the online booking mechanism was introduced through executive instructions without amending the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
• The case highlights concerns over age verification mechanisms and the potential impact on public health.

The statutory framework was enacted to regulate, restrict, and ultimately prohibit liquor, not to modernize or streamline its commercial distribution.

The Madras High Court is now grappling with a public interest litigation (PIL) petition that challenges the Tamil Nadu State Marketing Corporation's (TASMAC) online liquor booking facility. The facility, launched recently, allows customers to check availability and prices of liquor, make payments online, and collect their purchases from designated TASMAC outlets using a QR code. However, it does not provide for home delivery, which has raised concerns about the accessibility of liquor in the state.

The petition, filed by advocate K Balu, president of the Advocates' Forum for Social Justice, argues that the online booking mechanism was introduced through executive instructions without amending the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. This has led to a challenge to the constitutionality of the facility, which may set a precedent for other states in India.

The petition also highlights concerns over the age verification mechanism adopted by TASMAC. The system relies on self-declaration and one-time passwords, raising questions about its effectiveness in preventing underage access to liquor.

The Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, were enacted to regulate, restrict, and ultimately prohibit the sale of liquor. However, TASMAC's online booking facility appears to be a departure from this framework. The rules do not provide for online sales or QR code-based collection mechanisms.

The petition has also raised concerns about the impact of the online booking facility on public health. Article 47 of the Constitution requires the State to endeavour to prohibit intoxicating drinks injurious to health. By making liquor more easily accessible, TASMAC's facility may be contravening this constitutional provision.

The case highlights the need for a re-examination of the existing regulatory framework governing liquor sales in India. With several states exploring online liquor sales and home delivery, the Madras High Court's decision on TASMAC's facility may have far-reaching implications.

The outcome of this case is likely to set a precedent for other states in India that are considering introducing online liquor booking facilities. If the court rules against TASMAC, it could lead to a re-evaluation of existing regulatory frameworks governing liquor sales. This may also have implications for public health policies and initiatives aimed at reducing alcohol consumption.

The case has significant practical implications for lawyers and policymakers. It highlights the need for careful consideration of the potential consequences of introducing new technologies and mechanisms for liquor sales, particularly in relation to age verification and public health concerns.

Lawyers should watch for potential challenges to the constitutionality of TASMAC's online liquor booking facility, which may set a precedent for other states in India.

Source: Original reporting via [Source]