In a revelation that highlights a significant legal loophole, the Kerala Excise Department has confirmed that it currently lacks the authority to register cases against adults who purchase and supply alcohol to minors. This admission came in response to a petition highlighting the rising concern of underage drinking in the state.

While Kerala has raised the legal drinking age to 23, enforcing this among teenagers has hit a legal roadblock. Social activist Shanty Joseph Thattakath had submitted a representation urging the authorities to invoke the Juvenile Justice (JJ) Act against third parties who buy alcohol for underage individuals. However, Excise Deputy Commissioner CK Anil Kumar clarified that the department is not legally empowered to register cases under these specific provisions.

The legal impasse
Under Section 15A of the Abkari Act, alcohol consumption by anyone under the age of 23 is prohibited, while Section 15B makes it illegal to sell alcohol to them. Furthermore, Section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015 explicitly classifies giving intoxicating liquor to a child under 18 as a punishable offence. Despite these laws being on the statute books, the Excise Department does not have the jurisdiction to directly book or prosecute suppliers under the JJ Act, leaving a critical gap in enforcement.

Currently, excise officials are limited to carrying out routine inspections near educational institutions, public spaces, and tourist hubs based on tip-offs and complaints. They also conduct awareness campaigns targeting youth to curb substance abuse.

To address this regulatory blind spot, a petition has now been submitted to the Chief Minister of Kerala. The petitioner has demanded an immediate amendment to the Abkari Act, which would empower excise officials to take direct action against individuals who act as facilitators and procure alcohol for minors.