Liquor Prohibition – A critical Analysis

Context

Recently, Asian Development Research Institute (ADRI) found that prohibition is making people of Bihar spend more on good clothes and food.

Prohibition

• Prohibition is the illegality of the manufacturing, storage in barrels or bottles, transportation, sale, possession, and consumption of alcohol including alcoholic beverages, or a period of time during which such illegality was enforced.
• In India, Alcohol consumption has always been overshadowed by a sense of moral judgment that has driven the demands for prohibition. Consequently, policies related to the consumption of alcohol are generally shaped by this moral ambiguity rather than a comprehensive liquor policy.

Constitutional provisions

• In the aftermath of independence, the Indian government did not impose a centralized regulation regarding alcohol consumption.
• Under 7^th schedule it is a subject of state list.
  • The entry 51 in the State List makes “Alcohol for human consumption” a subject matter of states. This provides states the power to make laws and charge duties on alcoholic liquors for human consumption.
• Article 47 under directive principles directs the states to take measures to raise the level of nutrition and the standard of living and to improve public health.
  • This article directs that 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.
  • Most liquor ban policies are justified on the basis of this article.

Prohibition in India

• At the moment, complete prohibition is enforced in the states of Gujarat, Bihar, Nagaland, and the union territory of Lakshadweep.
  • In Gujarat, prohibition is implemented since its formation in 1960.
  • In Nagaland, Nagaland Liquor Total Prohibition Act (NLTP) banned the sale and consumption of alcohol in 1989.

• Bihar government has put a complete prohibition of alcohol in the state in 2016

• Gujarat and Bihar are the states that prescribe death penalty for manufacturers, suppliers and sellers of hooch in cases of death due to spurious liquor consumption
• Kerala currently allows alcohol to be served in three star hotels and above, bars and airports.
  •  In 2014, congress government in Kerala advocate for total prohibition in phased manner.
  • But, ban was eased when left government came in power in 2016 citing loss in revenue and tourism Industry.
• In Manipur there is a partial ban in a few districts.

• Andhra Pradesh, Haryana, Tamil Nadu, and Mizoram are states that have experimented with partial or complete ban on liquor.
• In 2016, Supreme Court banned the sale of all liquor within 500m of highways to counter drunken driving.
  • However, SC later clarified that high way liquor ban imposed by it is not applicable to licensed bars and beverages outlets within municipal area.

Arguments in favour of prohibition

• To reduce crime and corruption.
  • ADRI report on prohibition in Bihar noted there was a 66.6% dip in cases of kidnapping for ransom, followed by 28.3% dip in murder cases and 2.3% in dacoity.
• To reduce the state’s expenditureotherwise spend on public health and law & order.
• To improve health and hygiene.
  • ADRI report finds an impressive rise in sale of honey (380%), cheeses (200%), butter milk (40%), flavoured milk (28.4%) and lassi (19.7%)
• To bring positive impact on women and families.
  • ADRI report observed that 58% women feel they were given more respect and played a better role in making household decisions

• Prohibition helps money to get directed towards health and education in family. It paves way for development.
  • ADRI study on Prohibition in Bihar pointed out that 19% of households acquired new assets from the money they earlier splurged on alcohol.

• In India, the common mass is generally occasional drinker. Curtailing alcohol supply will in hand curtail their drinking behavior.
• According to NCRB data, 15 people die every day – or one every 96 minutes – from the effects of drinking alcohol.
• Many accidents are fuelled by alcohol.
• Many a times it leads to sexual harassment of women and robberies.

Arguments against prohibition

• Revenue from excise meant for welfare schemes to vulnerable sections is reduced.
• Prohibition is contrary to fundamental right of freedom of choice and right to privacy as well.
• It is against the customary culture and tradition of many societies.
  • During constituent assembly debate Jaipal Singh of Bihar opposed prohibition, speaking in favour of the adivasi communities that traditionally brewed and consumed alcohol.
• It impacted the tourism and hospitality industry.
• Sometimes it may lead to loss of business & investment opportunities from the states.
• Carlsberg which had agreed to setup breweries plant in Patna had to relocate owing to Bihar liquor prohibition law.
• It causes unemploymentand adversely affects livelihoods of many.
• The whole process of production and consumption of alcohol becomes completely unregulated as it operates outside the radar of the government.
• Instead of decreasing corruption, prohibition became a basis for corruption in public life.
• The problem of adulterated and methanol related consumption of liquor increases.
• It may lead to consumption of other unregulated drinks and drugs like taadi and mahua.
• An additional expenditure in terms of investment in the personnel required to implement prohibition.
• Women and families form part of the network of illicit liquor markets, either voluntarily or through coercion and/or due to economic compulsions.

Aspects that need to be considered while framing a liquor policy

• The principal reason why many prohibition strategy fail is because they seem to be based on the simplistic assumption that cutting off the supply impacts effective demand for alcohol.
• State governments should have to be prepared to deal rapidly with the management of man-made disasters such as liquor tragedies.
• Increase legal age of drinking and bring about uniformity in the same across all the states.
• Ban marketing and advertisement of all kinds so as to contain its reach and spread.
• De-addiction and rehabilitation centers should be made easily and widely accessible and be fully functional before any decision on prohibition is taken.
• The medical fraternity needs to be educated in rapidly responding to and treating victims of liquor tragedies.
• A stronger rule to monitor the use of methanol and frame policies that award a severe penalty for its diversion towards uses other than those for which it was acquired. Governments could consider linking de-addiction centers with primary health centers in rural areas.
• Invest in creating better awareness among citizens about the negative impact of alcohol consumption.
• Document good practices tried and tested by NGOs and other institutions for managing alcohol problems not only within the country but also outside the country.
• Civil society should demand from its political parties a comprehensive policy that addresses all the related issues instead of uncritically demanding or accepting proclamations of prohibition.
• Political parties need to have a clear vision of what they are trying to achieve—prevention of consumption of alcohol or liquor poisoning—as the two are contrary goals.
• Community based approach should be adopted to tackle the problem of alcoholism.
  • Many addicted people struggle with a sense of isolation from their society. Community based approach would provide the addicts and their families with not only emotional support but also the validation of being part of a community.
• A pragmatic approach that accepts drinking as part of the social culture and aims to regulate it is likely to be a more effective stance rather than taking a moralistic or emotional view that views drinking as the purveyor of all evils.