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‘It is a moral imperative’: Karnataka HC directs Bengaluru pubs and breweries to verify age before allowing entry to patrons

The case stems from the death of a 15-year-old student in Bengaluru in January. Police reports state that the Class 10 boy visited a pub with classmates after a school farewell event, and reportedly died by suicide later that evening.

pubThe boy reportedly died by suicide later that evening, allegedly driven by fear of reprimand from his parents. (File Photo)

Pubs and breweries in Bengaluru will now have to check Aadhaar or other valid ID at entry to verify patrons’ age after the Karnataka High Court issued the direction Wednesday while dismissing a brewery owner’s plea to quash an FIR against him.

Justice M Nagaprasanna gave the directions while dismissing a petition filed by V Chitti Babu, a partner at a brewery in Rajarajeshwari Nagar. Babu sought to quash the First Information Report registered against him under the Juvenile Justice (Care and Protection of Children) Act and the Karnataka Excise Act.

The case arises from the death of a 15-year-old student on January 31. Police reports state that the Class 10 boy visited a pub with classmates after a school farewell event. The boy reportedly died by suicide later that evening, allegedly driven by fear of reprimand from his parents.

Justice M Nagaprasanna put the onus on brewery owners or owners of places where alcohol is served to strictly ensure that minors do not gain entry and order intoxicants, whether ‘overtly’ served or ‘covertly’ consumed.

“Breweries and other similar establishments, which have proliferated in the urban areas, must initiate rigorous age verification protocols, be it through the Aadhaar or other valid identification, at the threshold of entry and further verification should follow, when liquor/alcohol is ordered by persons who appear to be youthful or underage,” said Justice Nagaprasanna.

“The management of such establishments cannot show their hands in indifference. The protection of youth is not a mere statutory mandate; it is a moral imperative. The management would be held accountable for any lapses.”

Justice Nagaprasanna held that breweries or places where alcohol is sold “cannot be complacent, age verification cannot be a perfunctory ritual, it must be a living practice by displaying warnings and by instances of documentary proof.”

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Advocate Sharath S Gowda, appearing for Babu, said the establishment did not serve alcohol to the minor; rather, the group brought alcohol from outside. He maintained that the brewery complies with all regulations and displays notices prohibiting service to anyone under 18. He further contended that the local magistrate had not applied sufficient judicial mind when ordering the FIR.

He further pointed out that the petitioner is a partner in the brewery, and that the staff and others present when the boy was in the restaurant should be held accountable by the police.

Additional Public Prosecutor B N Jagadeesha opposed the petition, stating that the investigation is still ongoing and the police may include additional charges if necessary as the investigation progresses. Jagadeesha argued that it is restaurants’ and pubs’ responsibility to ensure that children are not allowed to consume alcohol on their premises.

 

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