Prohibition in India- In Highlight of the Bihar Hooch Tragedy
Bihar Hooch Tragedy: Death toll crosses 80, Is prohibition the answer?
Before we discuss the Bihar Hooch Tragedy, let us answer some basic questions about Prohibition in India.
What is Prohibition?
Prohibition is the action of forbidding something by law. Prohibition laws are not just limited to the act of selling or consuming alcohol, but can also be to other items. However, here we talk about prohibition in the context of alcohol.
Does India have a prohibition law?
As a country, we do not have a Prohibition law that is enforceable for all states of the country. However, some states do have a prohibition law in place.
Read More- Bihar Chief Minister Nitish Kumar loses his Temper over the liquor banned in the state assembly
Is there any legal backing for these laws?
The Indian Constitution in Article 47 states – “….the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”. This article comes under the purview of Directive Principles of State Policy (DPSP) and is not enforceable or justifiable. It acts as a guide to making laws, but in no way can it force states to have a prohibition law.
Is prohibition a new thing?
No, it is not. Prohibition was strongly advocated by Mahatma Gandhi who had a very harsh stance on the consumption of alcohol. The temperance movement in India aimed at curbing the use of alcohol in the country. It was influenced by the Temperance movement in Great Britain.
The first hint of this came from the Bombay Abkari Act in 1878 where intoxicants had heavy duties and its amendment had aspects of prohibition. However, in 1949 the iconic Bombay Prohibition Act was enacted. It had little impact as the production of alcohol was still ongoing in nearby states.
This led to things shifting underground, a rise in bootlegging and the Indian version of a speakeasy. However, in 1960, after the partition of Gujarat and Maharashtra, the prohibition law saw various changes. While it was retained in Gujarat, the act changed in Maharashtra. So, while the Act still exists and there is a certain level of restriction it puts on people, it is not the holy grail of prohibition.
Which states in India have a Prohibition law?
At current, there are 4 states and one Union Territory where alcohol is prohibited. These are- Bihar, Gujarat, Nagaland, Mizoram and Lakshadweep.
Gujarat has enforced the prohibition law very diligently. It was also a significant thrust of Narendra Modi when he was the Chief Minister of the state. Some establishments do have a license for alcohol.
Mizoram saw the re-introduction of the prohibition law in 2019 after it was previously repealed in 2015.
Nagaland also prohibits alcohol due to “moral and social reasons”. The Nagaland Liquor Total Prohibition Act came into force in 1989
The small UT of Lakshadweep has banned alcohol to respect the cultural and religious sentiments of the people.
There have been other states like Karnataka, Tamil Nadu, Andhra Pradesh and more which have practiced prohibition at one time, but no longer do so.
What is the status in Bihar?
The Nitish Kumar government was at the forefront of banning liquor back in 2016. Since then, the prohibition law, The Bihar Prohibition and Excise Act, 2016 has been followed in Bihar.
What happened in Bihar?
More than 80 people (the official number has still not been confirmed) died in the recent Bihar hooch tragedy. This happened due to the consumption of spurious liquor, as is seen in places where alcohol is not sold or consumed openly. This is not the first instance of death in India due to the consumption of Nakli Sharab (spurious liquor). The Bihar tragedy, however, has been highlighted because of the large number of people impacted and because the state practices prohibition.
What is happening now?
At current, the matter is being investigated by various authorities. Bihar and the Kumar government are being heavily criticized for their inability to manage something like this. The government is also being blamed for not monitoring the alcohol flow in the state, especially after the prohibition law was in place. His comment “If someone consumes alcohol, they will die” is also being criticized for the lack of insensitivity. Compensation is being demanded those who died, but no official words have been received on this.
जहरीली शराब मामले में जांच के लिए आई NHRC टीम पर बोले सीएम नीतीश- 'मानवाधिकार आयोग की जांच सिर्फ बिहार में ही क्यों?'#BiharHoochTragedy #Bihar #NHRC #JDU #BJP #NitishKumar pic.twitter.com/gMRqXgReGV
— Humara Bihar (@HumaraBihar) December 21, 2022
Is Prohibition the answer?
Prohibition has not been the best response to curb alcohol consumption in any place. Western countries have also tried and failed at this experiment. It is a simple fact- where there is a ban; there will be a thriving underground market. Additionally, when it comes to intoxicants such as alcohol and drugs, there is no stopping people from procuring them, if they want to. Prohibition also leads to the emergence of mafias who undertake the business and profited heavily from it.
The race to get their hands on alcohol impacts the poor more than any other section. In their desperate attempt to bring alcohol, they fall into the trap of consuming unsafe alcohol that ultimately causes a fatality.
The question of prohibition is a serious one, one that needs deliberation, but maybe not a blanket ban. The road to having a “Dry State” is more challenging than we think and the legal route is not the only way there.
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