Why in the News?

Recently, in Majitha, Amritsar district of Punjab, 21 people aged between 26 and 80 died and 10 others were critically hospitalised after allegedly drinking spurious liquor.

What systemic issues contribute to recurring hooch tragedies in India?

• Poverty and Social Vulnerability: Poor, daily wage earners often turn to cheap illicit liquor as a coping mechanism. Eg: Victims in the 2023 Punjab hooch tragedy were mostly from low-income backgrounds.
• Easy Availability and Misuse of Methanol: Methanol, an industrial chemical, is cheap, easily pilfered, and often used in spurious liquor despite being highly toxic. Eg: Bootleggers dilute methanol to create hooch, as seen in several mass poisoning incidents.
• Weak Regulatory Oversight and State Capacity: Lax control over methanol transport and lack of inter-state coordination enable theft and illegal use. Eg: No central framework exists to monitor methanol movement, despite repeated incidents.
• Corruption and Nexus Among Stakeholders: A deep-rooted nexus between bootleggers, local politicians, and police often shields the culprits. Eg: In many hooch cases, police are suspended post-tragedy, but no long-term accountability follows.
• Ineffective Legal Enforcement: Laws like the Poison Act are rarely used, and convictions are rare due to weak evidence or delayed trials. Eg: In the 2015 Malvani case, only 4 out of 14 accused were convicted after 9 years.

Who is primarily accountable for spurious liquor deaths?

• Bootleggers and Illicit Manufacturers: They produce and distribute toxic brews, often using dangerous chemicals like methanol for profit. Eg: In the 2023 Punjab hooch case, bootleggers used methanol-laced liquor that killed at least 23 people.
• Corrupt Law Enforcement Agencies: Police often ignore illegal activities due to bribes or political pressure, enabling the supply chain to flourish. Eg: After the Punjab incident, several police officers were suspended for negligence.
• Regulatory Authorities and State Governments: Weak oversight of methanol distribution, lack of tracking mechanisms, and poor implementation of prohibition laws lead to repeated failures. Eg: States lack robust frameworks to monitor industrial alcohol movement, allowing diversion.
• Local Politicians and Political Nexus: Some politicians support or protect bootleggers for electoral or financial gains, compromising public safety.

Why has the legal framework failed to ensure convictions in illicit liquor cases?

• Weak Application of Existing Laws: Cases are often booked under prohibition laws or general criminal provisions, but not under stronger laws like the Poison Act or organized crime statutes, leading to weaker prosecution. Eg: In the 2015 Malvani hooch tragedy (Mumbai), 105 people died, but the court acquitted 10 out of 14 accusedafter 9 years; none was convicted under the Poison Act.
• Poor Evidence Collection and Investigation: Police often fail to collect scientific and documentary evidence, link the entire supply chain, or prove intent and causation beyond reasonable doubt. Eg: In multiple cases, including the 2023 Bihar hooch incident, forensic reports were delayed or inconclusive, weakening the case in court.
• Lack of Inter-State Regulatory Mechanism for Methanol: Methanol, used industrially, is not illegal in itself. Without a centralised tracking system, tracing its diversion becomes difficult, weakening the case against suppliers. Eg: Bootleggers source methanol from authorised dealers across states, making it hard to fix legal liability on any single actor.

What policy measures can prevent methanol diversion into the illicit liquor trade? (Way forward)

• Centralised Methanol Monitoring Framework: Establish a nationwide tracking system for methanol production, transport, and sale using barcoding or GPS tracking. Eg: Like the track-and-trace system for pharmaceutical drugs, methanol consignments can be monitored to prevent theft or leakage.
• Tighter Regulation and Licensing of Dealers: Enforce strict licensing norms for methanol dealers with regular audits and surprise inspections; cancel licences for non-compliance. Eg: Some states classify methanol as a Class B poison and regulate it under the Poison Act.
• Criminal Liability for Supply Chain Negligence: Amend laws to hold manufacturers and transporters accountable for diversion due to negligence or collusion, with higher penalties and jail terms. Eg: In the Punjab hooch tragedy (2020), weak action against upstream suppliers limited accountability—stronger legal deterrents can close such gaps.

Mains PYQ:

[UPSC 2024] Explain how narco-terrorism has emerged as a serious threat across the country. Suggest suitable measures to counter narco- terrorism.

Linkage: Criminal activities linked to trafficking dangerous substances for profit and the security threats they pose, similar in nature to the illicit methanol trade described in the article.

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