In recent times, the enforcement of prohibition acts in India has sparked considerable debate. This conversation has been renewed by the Bihar Government’s decision to employ drones to monitor illegal liquor production. The discussion revolves around the usefulness of directing substantial physical and financial resources towards implementing the provisions of the prohibition act.
Defining Prohibition
Prohibition refers to the legal forbidding of specific activities, particularly the ban on the manufacture, storage, transportation, sale, possession, and consumption of alcoholic beverages. The concept is rooted in several constitutional provisions and state policies in India.
Constitutional Provisions and State Policies
Article 47 of the Constitution of India, a Directive Principle, mandates that the state should strive for the prohibition of intoxicating drinks and drugs that are harmful to health, barring medicinal uses. Alcohol, as a subject, falls under the State list in the seventh schedule of the Indian Constitution.
Major Prohibition Acts in India
Several states in India have enacted prohibition acts, beginning with the Bombay Abkari Act of 1878, which provided the initial suggestion for liquor prohibition. It was followed by the Bombay Prohibition Act in 1949, which addressed several shortcomings of the previous act. Gujarat and Bihar also introduced the Gujarat Prohibition Act and the Bihar Prohibition Act in 1949 and 2016, respectively. Other regions with active alcohol prohibition include Mizoram, Nagaland, and the union territory of Lakshadweep.
Against Liquor Prohibition
Critics argue that prohibiting alcohol infringes upon an individual’s right to choose their food and beverage—a violation of the right to privacy, which is recognized as a fundamental right by the Supreme Court. Additionally, there are concerns about increased violence, loss of government revenue from alcohol taxes, and employment issues within the Indian Made Foreign Liquors (IMFL) industry, which contributes over 1 lakh crore in taxes annually.
Favouring Liquor Prohibition
Supporters of prohibition argue that it protects vulnerable populations, such as women and children, from the detrimental effects of alcohol on families. They also believe that strict state regulation discourages excessive consumption of alcohol. As alcohol prohibition is a state subject, supporters claim that it is the state’s responsibility to enforce relevant regulations.
Striking A Balance
The discourse around alcohol prohibition in India needs to carefully consider various factors, including individual rights, social implications, economic impact, and employment concerns. Policy makers should aim to formulate laws encouraging responsible behaviour and adherence. Moreover, they should ensure uniformity in drinking age across the country and implement tough laws against public drunken behaviour, domestic violence under influence, and drunk driving. It is recommended that a portion of the revenue from alcohol be allocated for social education, de-addiction, and community support. These steps could help strike a balance between personal freedom, public health, and socio-economic welfare.
