In India, the conversation around prohibition is deeply influenced by Mahatma Gandhi’s view of alcohol consumption as more of a disease than a vice. Post-Independence, Gandhian followers pressed for a total liquor ban, resulting in the inclusion of Article 47 in the Indian Constitution. Several states like Haryana and Gujarat implemented bans on alcoholic beverages to varying degrees of success, while failings mainly manifest through illicit distillation, bootlegging and black market trading.
Liquor Ban: A Constitutional Perspective
The Constitution of India addresses alcohol consumption through the Directive Principles of State Policy (DPSP), particularly Article 47. Although not legally enforceable, this article embodies the aspiration of the state to prohibit the consumption of intoxicating drinks and injurious drugs for non-medicinal purposes. The Seventh Schedule of the Constitution designates alcohol as a state subject, granting state legislatures the authority to draft relevant laws.
The Realities of Implementing Alcohol Prohibition
Despite the Constitutional goal of prohibition, several states find it challenging to impose a comprehensive ban on alcohol consumption. This difficulty arises primarily due to the significant contribution that liquor revenues make to state governments’ coffers. For example, Maharashtra amassed state liquor revenues worth Rs 11,000 crore in April 2020, despite nationwide Covid lockdown measures.
The Impacts of Prohibition: A Double-Edged Sword
Banning alcohol has both positive and negative effects. On one hand, research suggests that prohibition can curb domestic violence and protect vulnerable groups. In Bihar, crimes against women have noticeably decreased following the imposition of prohibition. However, on the other hand, prohibition nurtures a burgeoning underground economy that operates outside the state’s regulatory framework. This development exacerbates social issues, such as strengthening organized crime syndicates and the distribution of spurious liquor. Additionally, prohibition has a disproportionate impact on society’s poorer sections, who bear the brunt of consuming low-quality or illicit alcohol, while wealthier classes continue to access safe and expensive alternatives.
Prohibition and its Effects on Judiciary:
The judiciary bears a substantial burden due to prohibition-related issues. Bihar, which introduced complete prohibition in April 2016, saw three lakh cases pending in courts related to the liquor ban, despite a decline in alcohol consumption. Former NV CJI Ramana emphasised that decisions like the liquor ban put enormous pressure on courts, raising questions about the sustainability of such policies.
A Way Forward: Tailoring Prohibition to Public Health Needs
Developing an alcohol policy that balances public health needs with regulation requirements necessitates a nuanced approach. This would involve coordinated action from multiple stakeholders such as women’s groups, vendors and the government. Regulations could be tightened around aspects like drunk driving, alcohol advertisements and mandatory warning labels on excessive drinking. Further, it may be beneficial to adopt behavioural counselling strategies and education campaigns informing people about the health implications of heavy drinking, aiding individuals in making informed lifestyle choices.