BAN ON ALCOHOL IN INDIAN STATES AND ITS EFFECTS
1. Context
The official death toll from the latest hooch tragedy in “dry” Bihar has mounted to 38. Critics have claimed that one of the reasons behind the tragedy is the state’s prohibition policy, with an official ban on alcohol leading to a thriving underground economy where such spurious alcohol is produced and sold.
India has a long history of banning alcohol, with prohibition a part of the Directive Principles of State Policy in the Constitution and also among the key Gandhian principles.
2. Indian constitution views on alcohol
- One of the Directive Principles of State Policy (DPSP) mentions that “in particular, 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.”
- While DPSPs are not in themselves legally enforceable, they set goals that the state should aspire towards to establish conditions under which citizens can lead a good life
- Thus, alcohol is seen by the Constitution and by extension, the Indian state, as an undesirable evil that needs to be regulated.
- According to the Seventh Schedule of the Constitution, alcohol is a state subject, i.e. state legislatures have the right and responsibility to draft laws regarding it, including “the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.”
- Thus, laws regarding alcohol differ from state to state, falling in the whole spectrum between prohibition and private sale
3. Does all states have prohibition
- While the Constitution sets prohibition on alcohol as a goal, for most states, it is very difficult to declare a ban on alcohol.
- This is primarily because liquor revenues are not easy to ignore and have consistently contributed a large share of stgovernment’snts’ revenue.
- For instance, in Maharashtra, state liquor revenues amounted to Rs 11,000 crore in April 2020 (during the nationwide Covid lockdown), compared with Rs 17,000 crore in March.
- The state government attributed much of this drop to the closure of liquor stores, later categorising them as an essential service, in part due to the industry’s contribution to tax revenues.
- The day liquor stores were reopened, the Maharashtra government collected Rs 11 crore in revenue from liquor sales in a single day.
4. What are the states which have prohibition
All states have some regulations about alcohol consumption and sale (like age requirements or dry days). Currently, there are five states with total prohibition and some more with partial prohibition.
4.1.Bihar
Both the sale and prohibition of liquor were completely banned by the Nitish Kumar government back in 2016, in keeping with a promise made to the women of Bihar by the chief minister ahead of the Assembly polls held the previous year.
Severe punishments were imposed on those found to be flouting the ban, including heavy fines and prison sentences.
Earlier this year, the Bihar government passed an amendment to its prohibition laws, which dials down on punishment for first-time “drinkers” and lets them get away with a fine rather than face arrest.
This was done to unclog Bihar’s already overcrowded jails and focus the government’s attention on sellers and distributors rather than consumers of liquor.
4.2.Gujarat
Gujarat has had prohibition since it came into existence as a state in 1960.
In the 62 years since prohibition has been around in Gujarat, the Act has seen several amendments
Notably, in 2009, then-chief minister Narendra Modi introduced the death penalty for sellers/producers if their spurious alcohol caused deaths.
However, Gujarat has provisions for special alcohol licences for hospitality establishments as well as individuals.
4.3.Lakshadweep
The Union Territory bans both the consumption and sale of alcohol keeping in mind the culture and sentiments of its predominantly Muslim population
However, the island of Bagram has a resort with a bar which is allowed to legally serve liquor.
4.4.Mizoram
In 2019, Mizoram became a “dry state” once again after the new government reintroduced the prohibition that was repealed in 2015, Previously, Mizoram had seen prohibition for 18 years
The Mizo National Front (MNF) government had prohibition as one of its most important pre-poll promises.
4.5.Nagaland
Nagaland introduced total prohibition in 1989 due to “moral and social” reasons, for the greater good of its citizens
However, in recent times, the Naga government has mulled partially lifting the prohibition due to various reasons
4.6.Kerala
In 2014, then chief minister Oomen Chandy announced that Kerala would implement prohibition in a phased manner. However, the state has since gone back on this promise.
| Some states with partial prohibition are Karnataka, which specifically banned country-made arrack in 2007, Maharashtra where the districts of Wardha and Gadhricholi have banned on production and sale of liquor, and Manipur, where districts of Bishnupur, Imphal East, Imphal West and Thoubal have prohibition. |
5. Does Prohibition work
- There is evidence to show that by and large, prohibition creates opportunities for a thriving underground economy that distributes liquor, outside the regulatory framework of the state.
- While the government made liquor more inaccessible, it is impossible to take it out of circulation completely.
- Furthermore, prohibition disproportionately affects poorer sections of society with upper classes still being able to prexpensivelyensive (and safe) alcohol
- Even in the case of Bihar, a majority of cases registered under its prohibition laws are on the less privileged.
- However, prohibition might have some limited benefits as well. Various studies have provided evidence linking alcohol with domestic abuse or domestic violence.
- In India, prohibition has often been framed as a “women’s rights” issue.
- A report by the Sexual Violence Research Initiative says that after prohibition was introduced in 2016, “crimes again have declined both in terms of rate (registered cases per 100,000 female population) and incidence (absolute numbers).”
- While other factors may also be involved, other studies have shown marginal improvement in certain kinds of crime after prohibition.
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For Mains:
1. How does the Indian constitution look at alcohol, Does prohibiting alcohol work?
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