The Kerala High Court has urged the legislature to consider amending laws dealing with juveniles and children in conflict with the law, including a possible reduction of the age threshold from 18 to 16, while seeking details on enforcement of Kerala’s restrictions on alcohol access to people below 23.
Justice A Badharudeen made the observation while hearing a petition filed by Kollam resident Vinod Vikraman Pillai, who sought strict implementation of Sections 15A and 15B of the Kerala Abkari Act. The provisions prohibit the sale and consumption of alcohol by persons below the age of 23.
The court said it was time for the legislature to consider appropriate amendments to statutes dealing with juveniles and children in conflict with the law, taking note of what it described as a present trend indicating that children attain sufficient maturity by the age of 16. The observation does not itself amend the law or change the existing age threshold.
The petition referred to a fatal crash at Nedumbassery in the early hours of October 11. According to the petition, a Mini Cooper allegedly driven by a 19-year-old man under the influence of alcohol collided with a scooter, killing three people.
The case has also brought attention to the gap between statutory restrictions and enforcement on the ground. Sections 15A and 15B of the Abkari Act set out restrictions intended to prevent people below 23 from accessing or consuming alcohol. The petition sought directions to ensure that these provisions are implemented strictly.
The High Court directed the excise commissioner to file a statement detailing the directions issued to enforce Sections 15A and 15B. The commissioner has also been asked to place before the court possible suggestions on how the statutory mandates can be implemented to protect the public from danger.
The court’s direction places responsibility on the excise administration to explain the operational measures currently in force and identify possible steps for better enforcement. The supplied report does not specify whether the court has accepted any proposed amendment or issued new enforcement rules.
The proceedings connect two separate questions: how the law treats young people involved in offences, and how effectively the state prevents underage access to alcohol. The High Court’s observation indicates that the legislature may be asked to examine whether existing juvenile-law thresholds reflect current concerns about maturity and public safety. Any change, however, would require legislative action.
The petition was adjourned to November 24, when the excise commissioner’s statement and suggestions on implementing the alcohol-control provisions are expected to be considered by the court.
