liquor prohibition policy

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liquor prohibition policy

New Highlights:

Recently Bihar’s liquor prohibition policy has been criticised, as the official death toll in “dry” Bihar has mounted to 38 from the latest hooch tragedy.

Key Takeaway:

  • The state’s prohibition policy is accused to have resulted in a booming underground economy where illicit alcohol is prepared and sold.
  • Prohibition is a Gandhian principle under the Directive Principles of State Policy (DPSP).

Liquor Ban in India:

  • Prohibition:
    • Prohibition refers to the legal prevention of the manufacture, storage, transportation, distribution, sale and consumption of alcoholic beverages intending to obtain total abstinence through legal means.
  • Background:
    • In India, attempts at prohibition have been influenced by the thinking of Mahatma Gandhi, who viewed alcohol consumption more as a disease than a vice.
    • Following India’s independence, Gandhians continued to push for a liquor ban.
  • State that banned :
    • Several Indian states have enacted bans on alcoholic beverages.
    • For example, Haryana made several attempts at prohibition but was forced to abandon the policy due to the inability to control illicit distillation and bootlegging, which also resulted in many deaths.
    • Prohibition has been in effect in Gujarat since 1st May 1960, but the liquor trade persists through the black market.
    • Bihar’s prohibition, imposed in April 2016, initially appeared to succeed and yield certain social gains.
    • However, the policy is increasingly under attack after several deaths from illicit liquor.
    • There are five states (Bihar, Gujarat, Lakshadweep, Nagaland, and Mizoram) with total prohibition and some more with partial prohibition.

The Indian constitution views on alcohol:

  • Directive Principles of State Policy (Article 47):
    • India has a long history of banning alcohol, with prohibition a part of the Constitution’s Directive Principles of State Policy (Article 47) and among the key Gandhian principles.
    • Art 47 says the State shall make every effort to ban the consumption of intoxicating drinks and substances injurious to health.
    • Though not legally enforceable, DPSPs set goals for the state so that citizens can lead a good life. Thus, alcohol is seen by the Constitution as an undesirable evil that needs to be regulated.
  • Seventh Schedule:
    • 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.”
    • Hence, alcohol regulations vary from state to state, spanning the entire range from prohibition to private sale.

Reason for not banning Alcohol:

  • Liquor revenues:
    • While the Constitution sets prohibition on alcohol as a goal, it is very difficult for most states 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 state governments’ revenue.
    • For instance, in Maharashtra, state liquor revenues amounted to Rs 11,000 crore in April 2020 (during lockdown), compared with Rs 17,000 crore in March.

Liquor Ban in Bihar:

  • complete banned:
    • The state government wholly banned both the sale and consumption of liquor in 2016 to keep a promise made to the women of Bihar ahead of the Assembly polls.
  • Punishments:
    • Severe punishments were imposed on those found to be flouting the ban, including heavy fines and imprisonment.
    • Earlier this year, the Bihar government amended its prohibition laws to reduce punishment for first-time “drinkers” and replaced imprisonment with a fine.
    • This was done to free up Bihar’s already overcrowded jails and to direct the government’s attention away from consumers and toward sellers and distributors of liquor.

Pros and Cons of Prohibition:

  • Pros:
    • A women’s right as there is evidence linking alcohol with domestic abuse.
    • Case of Bihar: Crimes against women have clearly declined both in terms of rate (per 100,000 female population) and incidence (absolute numbers).
  • Cons:
    • Boosts underground market.
    • Strengthening organised crime groups (or mafias).
    • Spurious liquor disproportionately affects poorer sections.
    • Case of Bihar: A spike in substance (liquor) abuse after the ban.

Pic Courtesy: Freepik

Content Source: The Indian Express

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In the context of liquor prohibition policy consider the following statements: (2022)

1. Article 47 says the State shall make every effort to ban the consumption of intoxicating drinks and substances that are injurious to health.

2. Maharashtra had introduced a complete ban on both sale and consumption of liquor in 2016.

3. The 7th Schedule of the Constitution puts alcohol on the state list.. State legislatures have the right and responsibility to draft laws regarding it.

Which of the statements given above are correct?

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