The Kerala High Court has postponed its hearing on a significant public interest litigation (PIL) that contests a controversial advertisement by a prominent distillery. The petition argues that the ad, which seeks public suggestions for naming a new liquor brand, illegally promotes alcohol.
Public Contest Sparks Legal Challenge
A bench comprising Chief Justice Nitin Jamdar and Justice V M Syam Kumar has adjourned the hearing of the PIL to January 20. The litigation was initiated by Chintu Kurian Joy, a social activist hailing from Kottayam. The court is also considering another similar petition alongside this case.
The core of the dispute is an advertisement issued by the managing director of Malabar Distilleries, which is based in Thiruvananthapuram. The advertisement openly invited suggestions from the general public for the name and logo of a proposed new liquor brand. The company even offered a reward for selected entries. The new brand is planned to be produced at the company's distillery located in Menonpara, Chittur, within the Palakkad district.
Alleged Violations of Constitution and State Law
In his petition, Chintu Kurian Joy has made serious allegations against the distillery's marketing tactic. He contends that the advertisement constitutes a clear promotion of a liquor product, which is against the spirit of the law.
The petitioner asserts that this act violates Articles 14, 21, and 47 of the Indian Constitution. More specifically, he points to a breach of Section 55H of the Kerala Abkari Act, 1077. This section explicitly prohibits the printing, publishing, or issuance of any advertisement that solicits the use of or offers any liquor or intoxicating drug.
Petitioner's Core Arguments and Next Steps
Joy's submission elaborates that the advertisement goes beyond mere information. He argues it actively promotes liquor branding and creates an indirect inducement for consumers. This, according to him, fundamentally defeats the legislative intent behind the Abkari Act, which is meant to control and regulate the trade and consumption of intoxicating substances.
The court's decision to adjourn the matter means all parties will return for further proceedings on the scheduled date in January. The outcome of this case could set a significant precedent regarding the limits of alcohol marketing and branding activities within the state of Kerala, especially under the strict provisions of the Abkari Act.
