Lawstreet Journal

State can't dictate what we eat, drink: Gujarat HC argues on Gujarat Prohibition Law

Lawstreet Journal 3 Jul 2021 12:42am

Image courtesy: Lawstreet Journal Judiciary State can't dictate what we eat, drink: Gujarat HC argues on Gujarat Prohibition Law

On June 23rd 2021 Wednesday, the Gujarat High Court reserved its order on maintainability of a batch of petitions challenging provisions of the state's Prohibition Act as contrary to the citizen's rights to privacy, life and personal liberty as enshrined in the Constitution.

The division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav reserved its order on maintainability of the petitions challenging the provisions of the Gujarat Prohibition Act, 1949, after Advocate General Kamal Trivedi argued that "it is not permissible for court to examine the validity of any law or any new or law or additional grounds when it has been upheld by the apex court in the past".

In his submission, Mr Trivedi said a law, which has been made valid by the Supreme Court today, can be held invalid tomorrow, "but for that purpose, the forum is the Supreme Court and not this court."

The Supreme Court had upheld the Act in its judgment in 1951.

"If you want to get the law corrected or improvised in light of the recent judgments of the Supreme Court (on right to privacy), then I think you may take the matter before the Supreme Court and not before this court," Mr. Trivedi said.

"This concept of right to privacy is not like a bull in a china shop. It is subject to reasonable restrictions based on social environment," Mr Trivedi argued, adding that the right to eat non-vegetarian food within the four walls of one's home cannot… Continue Reading...

Tagged: Gujarat High Court  
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