BIHAR ALCOHOL BAN: A Dig On Bihar Excise and Prohibition Act, 2016
On 6th April 2018, Bihar Prohibition and Excise(Amendment) Act, 2016 completed its 2 year anniversary. The amendment made the sale, purchase, manufacturing, bottling, distribution and other liquor activity illegal. The act prescribed very stringent punishment for the offence under this act. So how successful was Bihar alcohol ban?
Two years back, when Nitish Kumar introduced this act, he said it was for the poor people from SC, ST, EBC and OBC. He said these sections of society will benefit from the Bihar alcohol ban. So did they? Lets take a look at that but before that a bit about the concerned act.
Bihar Excise and Prohibition Act, 2016
The act was the instrument that imposed the Bihar alcohol ban. It imposed a ban on the manufacture, distribution, bottling, collection, storage, possession, sale and consumption of alcohol or any other intoxicant specified by the state government. The amendment also made provisions for strict punishment. If charged under this act, the person is assumed guilty until proven innocent. The act is so strict that if an adult is caught drink inside the house, other members of that residence also can be charged with complicity. It is a non-bailable offence.
Coming back to the topic of the implementation of Bihar Alcohol Ban, more than 1,20,000 arrests have been made in top 3 jail circles( Motihari, Gaya and Patna). In an unofficial survey to study the drinking patterns on lines of socioeconomic status more than 67% of the arrest were of OBC, ST, EBC and SC. They were the said beneficiary of Bihar alcohol ban, but the stats say otherwise. OBC accounts for the 25% population of Bihar while they hold more than 34% of the total arrest under the Bihar alcohol ban in 2 years. Similar results are for ST, SC and EBC(extremely backward classes). Their representation in jail for the offence under Bihar Excise and Prohibition Act is more than their total representation in Bihar.
Reason for the Failure Of Ban
Bihar Alcohol Ban has failed to serve its beneficiary. There are very obvious fallacies here. The authorities targeted the poorer and weaker section. They are the easiest places to raid and these poor sections may not have the means to fight against the same. Social Activist alleges that the government has not targeted the bigger fish and preyed on the weaker ones. The mafias who runs the whole operation of black-marketing of alcohol are still beyond the long arms of the police.
According to a statement given by senior Police Office to Indian Express, Motihari and Gaya are the main routes of smuggling of liquor into Bihar. That is why these circles have the high registration of prisoner under Bihar alcohol ban laws. The focus should have been the source, not the consumer. Acc to a statement given to Indian Express more than 80% of the arrests were of habitual drinkers. This diverted focus is the reason for its failures.
Conclusion
The survey speaks for itself. Once again, there has been a good idea followed by a bad implementation. The government should target the main culprits. The government should primarily address its focus towards alcohol mafias and illegal distributors. The consumer of same should be a priority but a second priority. When you bigger fish to fry, weak and poor should not be targeted.
Written By Ankit Raturi, University School of Law and Legal Studies