While observing that consumption of alcohol is the main reason for evils and offences committed against women and children, the Bench of Justices of N Kirubakaran and B Pugalendhi made an appeal to the State Government to prohibit alcohol. This observation came when the court was dealing with a plea raising grievance over a State-liquor vending outlet/TASMAC shop which was proximate to a girl's High School and opposite to the Madurai Bench of the High Court.
Along with the order to relocate the outlet, the Court added that
"...this Court appeals to the State Government to bring prohibition of liquor in a phased manner in the state to wipe out the collective suffering of women and children in society along with safeguarding the\r constitutional rights.
Further, the Bench observed that in case such prohibition is imposed in consonance with Article 41 of the Indian Constitution, definitely, it will reduce the offences, increase individual income, aid the health of drunkards, decrease domestic violence, increase family income, reduce drunken driving and deaths due to drunk driving.
The Bench also expressed anguish over the State not being bothered about flooding the State with liquor as long as revenue flows steadily from booze.
A CRISIL report from 2020 was also cited by the Court to point out that the southern states in India account for half of the country's liquor consumption. “Tamil Nadu is the largest consumer of liquor in the country accounting for 13% of national sales followed by Karnataka with 12%, it said.
The Bench also added that. families are getting shattered and the victims are women and children whose right to life under Article 21 of the Constitution is violated due to liquor. The Court also raised concern over drunken driving, which is responsible for the death of nineteen Indians every day.
On this note, the Court also queried why two-wheeler parking stands are made available outside TASMAC outlets.
The Bench relying upon the NCRB Data added that "12,256 road accidents occurred in 2019 due to drunken driving whereas 12,000 accidents occurred in 2018.
The Bench also pointed out that several orders have been passed by the High Court earlier to re-locate TASMAC shops, in spite of this, TASMAC shops continue to be established contrary to the rules.
On this note, the Court also questioned the MD of the Tamil Nadu State Marketing Corporation Ltd. (TASMAC) to divulge details regarding the number of TASMAC outlets in Tamil Nadu, the number of shops with respect to which objections have been raised regarding location, the number of outlets re-located upon such objection being made as well as the number of such objections which were rejected.
Further, the Court said that TASMAC authorities should decide on objections moved over the location of TASMAC shops within four weeks' time and inform the persons raising complaints, about the status of their objections