Pre-cum-Mains GS Foundation Program for UPSC 2026 | Starting from 5th Dec. 2024 Click Here for more information
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 7th 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.
Prohibition in US
|
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.
Discover more from Free UPSC IAS Preparation For Aspirants
Subscribe to get the latest posts sent to your email.