Madras HC: State must be liable for crimes committed under influence of alcohol
Chennai: Noting the increase in commission of crimes due to the influence of alcohol, the Madras high court has said the state government, which is selling liquor to its own people, should be made liable as an abettor of the crime.
Justice N. Anand Venkatesh said, “Since this issue has cropped up for the first time before this court, this court wants to take the assistance of the Bar (Advocates Association) and also wants to give an opportunity to the state to explain its position before coming to a final conclusion”.
A copy of this order shall be sent to all the associations to be exhibited in the notice boards to enable the advocates to make their submissions and assist this court in this regard, the judge added. He was granting anticipatory bail to 2 accused, who apprehended arrest in connection with a suicide of a person who had committed suicide following a quarrel with his co-worker, while both were under the influence of alcohol.
The judge said every other day, this court, with pain encounters various offences committed by accused persons under the influence of alcohol. Unfortunately, the income earned through sale of liquor to the general public was the major contributor to the economy of this state. A fifth of the revenue of the state government was generated by selling liquor to its own people. The National Family Health Services indicate that close to half of the Male population (47 per cent) in Tamil Nadu consume liquor, the judge added.
The judge said this court was able to see an increase in commission of crimes due to the influence of alcohol. Alcohol plays a larger role in criminal activities and violence. Excessive drinking has the ability to lower inhibitions, impair a person’s judgment and increase the risk of aggressive behaviours. Because of this, alcohol-related violence and crime rates were on the rise in this state, the judge added.
The judge said researches have proved beyond question that prolonged drinking or binge drinking significantly increase the risk of committing violent offences.
This court was taking judicial notice of the increasing accidents due to drunken driving, sexual assaults committed under the influence of alcohol, child abuse committed due to the influence of alcohol and in some cases, where the father under the influence of alcohol misbehaves with his own daughter, murders that regularly takes place due to drunken brawl etc. These incidents were only bound to go up in the graph, unless some immediate steps were taken by the government to change its policy. However, it was not within the control of this court and it was in the exclusive domain of the government. The judge posted to April 4 further hearing of the case.
