Why some Indian states are fighting a legal battle against alcohol prohibition

Food & Drink · Published 8 October 2026 Swipe more like this →

In short: In India, the fight for temperance is etched into the Constitution. While some states have successfully banned alcohol to reduce violence against women, others face a complex reality of smuggling, lost tax revenue, and intense legal challenges that pit public health against fundamental rights.

Alcohol prohibition in India is deeply rooted in the country's constitutional framework. Article 47 of the Directive Principles of State Policy mandates that the State should endeavor to bring about the prohibition of intoxicating drinks and drugs that are injurious to health. This principle has been championed by figures like Mahatma Gandhi and various women's movements. In states where prohibition is active, such as Bihar, Nagaland, Mizoram, and Gujarat, research suggests it has led to lower drinking rates among men and a decreased incidence of violence against women.

However, the implementation of these bans is often fraught with difficulty. In Bihar, the government faced significant legal hurdles; in 2016, the Patna High Court initially ruled the ban illegal and unconstitutional. The state responded by drafting even stricter laws, including non-bailable sections and penalties that could reach life imprisonment or fines up to Rs 1,000,000. Despite these measures, the state has dealt with challenges like the 2017 decision to renew licenses for military canteens and the massive 12,760 km human chain formed by 30 million people to support the ban.

The economic and social consequences vary wildly by region. In Nagaland, enforcement is often described as lax, with reports of police involvement in bootlegging and the availability of Indian Made Foreign Liquor. In Gujarat, the state maintains a strict sumptuary law, though it has recently allowed controlled consumption in GIFT City for permanent employees and authorized visitors. Other states, such as Kerala, have moved from prohibition back to regulation after finding that bans caused heavy losses in tourism and state revenue.

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