Goa, a tiny emerald on the west coast of India , has a total number of 13,256 liquor licences granted as of March 31, 2023, and thousands of licensed bars in Goa despite reports and studies having established that liquor is a major health risk , irrespective of the quantity consumed.
Unfortunately, little is either said or done about it, because it's a problem that by long tradition, most men and most governments do not wish to know about, for it may affect Goa tourism.
As I drive down early in the morning to offer prayers at the Old Goa church, I am attracted to this hoarding at the Old Goa crossroad which highlights that “ You are National Wealth. …….Use safety belt."
As a law abiding citizen, in a fit of rage and excitement, I pull my already buckled seat belt and wonder that why all these years I haven’t once realized that if I am national wealth then what exactly is my adorable State of Goa, doing to preserve and protect its national wealth i.e. its citizens for their health, safety and security, apart from granting thousand of liquor licences and thousands of bars across the length and breadth of Goa.
Right to Health of its people is part of the fundamental Right to Life under Article 21 of the Indian constitution and deserves to be accorded the greatest importance. The constitution of India also
guarantees the right to life to all persons under the Indian constitution. Right to life is more important than averting any economic loss and top priority should be accorded to public health.
Reports and studies have established that liquor is a health risk , irrespective of the quantity consumed. Alcohol related abuses and drunk driving accidents are on an increase. Sale of liquor and other intoxicating drinks should be prohibited in spirit of Article 47 read with Article 21 of the Indian Constitution as its ramifications on public health, safety and quality of living is well known.
The role of our Judges has always mystified me as a lawyer. In a petition before the Supreme Court , the judges had refused to entertain a public interest litigation for banning or containing consumption of alcohol in the interest of people's health and quality of living. The Court's bench of judges dismissed the petition remarking that it is not for the court to say whether liquor should be banned or not. The judges were of the view that the court cannot interfere in policy matters. The Court observed that it is for the government to decide.The above decision was pronounced by a bench composed of Justices AK Sikri and Justice Ramanna. The judges further remarked that ‘How do you say it is hazardous ? Even medicines have side effects .’’
To me, as a lawyer, this is a gross miscarriage of justice. The judiciary is often looked upon as the last resort, but as the only efficacious source of remedy for the violation of one’s fundamental rights and for seeking redressal of issues related to entitlement of fundamental rights. Courts must provide a breakthrough in fundamental rights and a jurisprudence closure to the needs of the people.
Our judiciary has to reflect the genius and character of the people living under it to hold their allegiance in times of stress. Judiciary that ceases to embody and integrate the conscience of the nation, loses its value as a judiciary. Our judges need to be concerned in an intimate and personal way with every living being. They should not be constrained in any way which limits their ability to fulfill their commitments to the people and their health.
And yes, not to talk about the shoddy and dangerous condition of roads across major and minor roads of Panjim built for us, i.e its National Wealth.The deplorable state of the roads in Panaji continues to cause indescribable and immense hardship to this helpless National Wealth on account of criminal negligence and breach of duty exhibited by its Public Works Department authorities.
The Public Works Department authorities have failed to do what reasonable persons would do under the circumstances to deal with the pockmarked roads. It may be pertinent to state that members of the public have a legal right to use the roads in an unobstructed and usable manner and the Public Works Department authorities are bound and obligated by law to do so.
Coupled with its constitutional obligation, it is also the primary responsibility of the Public Works Department to take timely adequate precautionary steps and preventive measures for ensuring the safety and security of of its citizens.The remarkably huge potholes of all sizes and dimensions on the roads of Panaji with their stagnated water on the riding surface of the roads continues to pose potential risk and imminent danger and is an open invitation to accidents happening everyday.
The roads indicate the poor quality of construction and maintenance. It is dangerous for the traffic movement. The quality of workmanship is pathetic and the methodology prescribed by the authority which deals with the specification for the construction of the roads has been blatantly violated by the construction as well as the supervisory agencies.
This is a desperate time. And recognizing that the balance between individual rights and public health is always an ever changing equation, we should put public health and safety ahead of everything instead of waiting for another disaster to strike another family.
