Orry Charged for Eating Non-Veg Food in Vaishno Devi: Law on liquor and non veg food ban in various states in India!

Who’s Orry ? 

The socialite and social media influencer Orry, also known as Orhan Awatramani, is well-known for his tight relationships with a number of Bollywood celebrities, particularly star children.  In 2023, his attendance at upscale Bollywood events made him a popular figure on the internet.  Orry graduated from New York’s Parsons School of Design with a degree in Fine Arts and Communication Design. 

According to his LinkedIn profile, he works as a Special Projects Manager in the Chairperson’s Office of Reliance Industries Limited (RIL).  Orry has previously mentioned working as a graphic designer and at a Steve Madden store in Mumbai, though his precise occupation is still unknown.  He has also identified as a fashion designer and singer-songwriter.  Orry loves to refer to himself as a “liver,” which contributes to the mysterious haze.

Why in News ?

Orhan Awatramani, well known digitally as Orry, and seven other people have been arrested for reportedly drinking alcohol at a hotel in Katra that is close to the revered Hindu shrine of Vaishno Devi. Orry has found himself in legal trouble after a video clip he shared on his Instagram account featured him along with his friends partying at a hotel in Vaishno Devi, Katra and allegedly consuming alcohol. The Jammu and Kashmir Police said in a statement that a squad was formed to catch the eight for “hurting the sentiments of people” and that a formal complaint had been filed against them for “violating the law of the land.”  Many internet users subsequently demanded that Orry be “banned” for allegedly disparaging Hinduism.

The Katra Police Station received a complaint on March 15 that some guests staying at a hotel were found consuming alcohol on the premises in violation of rules. They were also consuming non-vegetarian food. An FIR was then registered against the eight and a team was set up to apprehend them. They have been booked under Section 223 of the Bharatiya Nyaya Sanhita (BNS). The charge  includes violating the District Magistrate’s order and allegedly hurting religious sentiments. Reportedly, the area in which their hotel is located has a strict rule against non-vegetarian food and liquor consumption due to it being quite close to the holy shrine of Vaishno Devi.

Alcohol, drugs/non-veg banned areas :

In certain religious areas of India, bans on non-vegetarian food and alcohol stem from religious beliefs, particularly within Hinduism and Jainism, which emphasize non-violence (ahimsa) and the sanctity of life. These restrictions align with the state’s strong cultural and religious emphasis on vegetarianism. 

1. Palitana, Gujarat – The First Vegetarian City of India : In 2014, the Gujarat government banned the sale of meat, fish, and eggs in response to demands from the local Jain community, which views all forms of animal slaughter as unethical. After Jain monks demonstrated against the killing of animals in and around the city, the Gujarat government completely banned non-vegetarian food, and Palitana, a sacred city in Gujarat, is now a strictly vegetarian city where any business involving meat, fish, or eggs is prohibited.
2. Raghogarh-Vijaypur, Madhya Pradesh – A Town Embracing Vegetarianism : Due to the influence of local religious beliefs and community sentiments, the town of Raghogarh-Vijaypur in Madhya Pradesh also adheres to strict vegetarian principles. The town’s residents believe in preserving a pure vegetarian culture, and local authorities make sure that no meat, fish, or eggs are sold openly in markets or restaurants. Within the town limits, non-vegetarian food is prohibited.
3. Gandhinagar, Gujarat – The State Capital with Restrictions : The sale of meat, fish, and eggs is severely restricted in some areas, especially near schools, religious sites, and residential areas that are dominated by vegetarian communities. Gandhinagar, the capital of Gujarat, has implemented strict regulations on the sale of non-vegetarian food; these restrictions are in line with the state’s strong cultural and religious emphasis on vegetarianism and follow a larger trend in Gujarat where many towns and cities either forbid or discourage the sale of non-vegetarian food.
4. Pushkar, Rajasthan – A Holy City Without Meat and Alcohol : Pushkar, a revered pilgrimage site in Rajasthan, is known for its ban on both meat and alcohol. Since the town is considered sacred, especially by Hindus, non-vegetarian food is strictly prohibited within its boundaries. Visitors to Pushkar will not find any meat-based dishes in restaurants or street food stalls. The ban reflects the town’s deep spiritual significance, as it is home to one of the only temples dedicated to Lord Brahma in the world.
5. Haridwar, Uttarakhand – The Spiritual Hub of Hindus : Haridwar, one of India’s holiest cities, has a strict ban on non-vegetarian food and alcohol. Since it is a major pilgrimage destination and home to the sacred Ganges River, the local authorities ensure that no meat, fish, or eggs are sold within the city limits. This ban is rooted in the religious beliefs of Hindus, who consider Haridwar a spiritually pure location where the consumption of meat is inappropriate. Visitors and residents alike are expected to adhere to the vegetarian lifestyle.
6. Mount Abu, Rajasthan – A Hill Station with Vegetarian Norms: Mount Abu, Rajasthan’s only hill station, follows a vegetarian culture due to its spiritual significance. Many temples, particularly those belonging to the Jain community, have influenced the city’s dietary laws. Although non-vegetarian food is not entirely banned, it is discouraged, and many restaurants serve only vegetarian cuisine. The influence of religious beliefs and tourism has played a key role in maintaining this restriction.
7. Ujjain, Madhya Pradesh – A Sacred City with Dietary Rules: The city is home to the famous Mahakaleshwar Temple, dedicated to Lord Shiva, and adheres to a vegetarian culture. While meat is not entirely banned, it is highly restricted, especially near temples and other religious sites. Many local restaurants and food vendors cater exclusively to vegetarians, preserving the city’s religious customs.

Law Behind Such Bans :

The ban on non-vegetarian food and alcohol in certain places in India is based on a combination of constitutional provisions, state laws, and local regulations. Here are the key legal principles behind such bans:

1.Constitutional Provisions :

• Directive Principles of State Policy (DPSP) (Article 47): This article directs the state to improve public health and prohibit the consumption of intoxicating drinks and drugs harmful to health.
• Freedom of Religion (Article 25): While guaranteeing religious freedom, it allows the state to regulate practices in the interest of public order, morality, and health.
• Right to Trade (Article 19(1)(g)): Businesses have the right to sell meat and alcohol, but this right can be restricted for public interest.

2.State Laws & Local Regulations:  
Some states have completely banned alcohol under their excise laws, citing public health, morality, and religious sentiments. These states are termed as “Dry States” . The states of Bihar, Gujarat, Mizoram, and Nagaland, and the union territory of Lakshadweep are dry states in India. This means that the sale and consumption of alcohol is prohibited in these areas.
For example: Gujarat Prohibition Act, 1949 bans alcohol in Gujarat. Bihar Prohibition and Excise Act, 2016 enforces a complete ban in Bihar. Nagaland, Lakshadweep, and parts of Manipur also have similar laws.

3. Judicial Precedents:
(a) State of Bombay v. FN Balsara (1951) : 

• Issue: Challenged the validity of the Bombay Prohibition Act, 1949, which banned alcohol in Bombay (now Maharashtra).
• Ruling: The Supreme Court upheld the government’s right to impose prohibition under Article 47 (DPSP) but allowed limited exceptions, such as alcohol for medicinal and industrial purposes.
• Significance: It set the precedent that alcohol prohibition is constitutionally valid as long as reasonable exceptions exist.

(b) Kerala Bar Hotels Association v. State of Kerala (2015) :

• Issue: Challenged the Kerala government’s policy restricting bar licenses only to 5-star hotels.
• Ruling: The Supreme Court upheld the policy, stating that Article 47 allows states to regulate alcohol sales in public interest.
• Significance: Reinforced that alcohol regulation can be justified on health and social grounds.

(c) Bihar Liquor Ban Case (2017) :

• Issue: Challenged the Bihar Prohibition and Excise Act, 2016, which imposed a complete ban on liquor.
• Ruling: The Patna High Court initially struck down the law, but the Supreme Court upheld the ban, affirming the state’s power to enforce prohibition under Article 47.
• Significance: Strengthened the legal basis for alcohol bans in other states.

(d) Hinsa Virodhak Sangh v. Mirzapur Moti Kuresh Jamat (2008) :

• Issue: A Gujarat government order temporarily banned meat shops and slaughterhouses during the Jain festival Paryushan.
• Ruling: The Supreme Court upheld the ban, stating that temporary restrictions do not violate fundamental rights if they are for a legitimate cause.
• Significance: Allowed states and municipal bodies to impose temporary bans on meat sales during religious occasions.

(e) Indian Hotel & Restaurant Association v. State of Maharashtra (2019) :

• Issue: Maharashtra imposed a ban on the sale of beef under the Maharashtra Animal Preservation (Amendment) Act, 1995.
• Ruling: The Bombay High Court partially struck down the law, stating that possession of beef from outside Maharashtra cannot be criminalized.
• Significance: Set limits on government control over food choices, though slaughter restrictions remain.

Punishments For Violating such Bans :

Different states have their own Excise Acts that prescribe penalties for the manufacture, sale, consumption, and possession of alcohol in prohibited areas.

1. According to Gujarat Prohibition Act, 1949  Manufacturing, selling, consuming, or possessing liquor is an Offence where first time offender get punishment upto 3yrs imprisonment  & fine of Rupees 5000.  Offender who repeats the same offence gets stricter punishment & gives higher fines.
2. According to Bihar Prohibition and Excise Act, 2016 Manufacturing, transporting, storing, or consuming alcohol an offence where first time offender get punishment upto 7yrs imprisonment  & fine that ranges from 1 Lakhs-10 Lakhs . If found drinking ₹50,000 fine or 3 months in jail. For repeat offender  punishment is 10 years to life imprisonment.
3. According to Maharashtra Prohibition Act, 1949 Manufacturing, possessing, or selling alcohol without a license is an offence where punishment is Up to 5 years imprisonment and fines up to ₹50,000 & For smuggling liquor heavy fines and vehicle confiscation.
4. According to Nagaland and Lakshadweep Prohibition Laws Sale, possession, and consumption of alcohol is an offence where punishment is upto 3 years imprisonment and fines.
5. According to Section 223 of Bhartiya Nyaya Sahnita 2023, disobedience to a lawful order by a public servant can lead to up to 6 months simple imprisonment or a fine of ₹2,500, or both, for minor harm, and up to 1 year imprisonment or a fine of ₹5,000, or both, for serious harm. 

Conclusion :

India’s food habits are influenced by deeply held cultural and religious beliefs.  Some Indian cities have decided to forbid meat and fish because of spiritual reasons, even though the majority of them accept a combination of vegetarian and non-vegetarian cuisine.  Regardless of your dietary preferences, these places provide a unique