Gujarat High Court to decide whether Gujarat Prohibition Act is violative of right to personal food preference weaved within right to privacy

24th Aug,2021

Gujarat High Court to decide whether Gujarat Prohibition Act is violative of right to personal food preference weaved within right to privacy


The Gujarat High Court on Monday held that five petitions testing the Constitutional legitimacy of the Gujarat Prohibition Act of 1949 asserting infringement of central rights under Articles 14, 19 and 21, are viable (Peter Jagdish Nazareth versus Territory of Gujarat). A Bench of Chief Justice Vikram Nath and Justice Biren Vaishnav chose to hear the petitions on merits holding that the law is available to assessment under the proclamation set down in Justice KS Puttuswamy versus Association of India that previously perceived right to security as a crucial right.

The Court saw that the law has not been tried with regards to individual food inclinations framing a piece of right to security. "Interestingly, the Supreme Court on account of Justice KS Puttuswamy (Privacy-9J) VS Union Of India (2017)10 SCC 1 perceived the "Right to Privacy" of the resident as a crucial right and the candidates have attacked a portion of the arrangements of the 1949 Act on the ground that they abuse the Right to Privacy. The equivalent has never been tried in setting of individual food inclinations weaved inside the right to protection," the Court said.The State government through Advocate General Kamal Trivedi had set dependence on the 1951 judgment of the Supreme Court in State of Bombay versus FN Balsara in which the summit court had maintained the legitimacy of the law. Subsequently, Trivedi battled that any new ground of challenge could be raised distinctly under the steady gaze of the Supreme Court and no other Court.

The Court, in any case, thought that the above contention needs to fall flat since the current request concerned arrangements managing buy, ownership and utilization of consumable alcohol and cocktails, which was not the topic of challenge under the steady gaze of the Bombay High Court or the Supreme Court in FN Balsara.

Indeed, the Court called attention to that a portion of the arrangements under challenge were added by ensuing corrections and have in this way, never been investigated. "The recently added arrangements as we would see it are not simple restorative in nature but rather they give significant rights," the Division Bench additionally noticed.