Subject: Governance

The official death toll from the latest hooch tragedy in “dry” Bihar has mounted to 38. Bihar has completely prohibited alcohol.

Alcohol Ban in India

• India has a long history of banning alcohol, with prohibition a part of the Directive Principles of State Policy in the Constitution and also among the key Gandhian principles.
• Gandhi wrote, “Alcohol makes a man forget himself and while its effects last, he becomes utterly incapable of doing anything useful. Those who take to drinking, ruin themselves and ruin their people.”

How the Indian constitution views alcohol?

• One of the DPSP mentions that “in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
• While DPSPs are not in themselves legally enforceable, they set goals that the state should aspire towards to establish conditions under which citizens can lead a good life.
• According to the Seventh Schedule, alcohol is a state subject, i.e. state legislatures have the right and responsibility to draft laws regarding it.
• This includes “the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
• Thus, laws regarding alcohol differ from state to state, falling in the whole spectrum between prohibition and private sale.

Why do all states not have prohibition?

Ans. Huge Liquor Revenues

• While the Constitution sets prohibition on alcohol as a goal, for most states, it is very difficult 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 the nationwide Covid lockdown), compared with Rs 17,000 crore in March.
• The state government attributed much of this drop to the closure of liquor stores, later categorising them as an essential service, in part due to the industry’s contribution to tax revenues.
• The day liquor stores were reopened, the Maharashtra government collected Rs 11 crore revenue from liquor sales in a single day.

States with complete ban

• All states have some regulations with regards to alcohol consumption and sale (like age requirements or dry days).
• Currently, there are five states with total prohibition and some more with partial prohibition:

(1) Bihar

• Both the sale and prohibition of liquor was completely banned by the Nitish Kumar government back in 2016, in keeping with a promise made to the women of Bihar ahead of the Assembly polls.
• Severe punishments were imposed on those found to be flouting the ban, including heavy fines and prison sentences.
• Earlier this year, the Bihar government passed an amendment to its prohibition laws, which dials down on punishment to first-time “drinkers” and lets them get away with a fine rather than face arrest.
• This was done to unclog Bihar’s already overcrowded jails and focus the government’s attention on sellers and distributors rather than consumers of liquor.

(2) Gujarat

• Gujarat has had prohibition since it came into existence as a state in 1960.
• In the 62 years since prohibition has been around in Gujarat, the Act has seen several amendments.
• Notably, in 2009, then CM introduced the death penalty for sellers/producers if their spurious alcohol caused deaths.
• However, Gujarat has provisions for special alcohol licences for hospitality establishments as well as individuals.

(3) Lakshadweep

• The Union Territory bans both the consumption and sale of alcohol keeping in mind the culture and sentiments of its predominantly Muslim population.
• However, the island of Bangram has a resort with a bar which is allowed to legally serve liquor.

(4) Mizoram

• In 2019, Mizoram became a “dry state” once again after the new government reintroduced prohibition that was repealed in 2015.
• Previously, Mizoram had seen prohibition for 18 years.
• The Mizo National Front (MNF) government had prohibition as one of its most important pre-poll promises.
• Here, the loss of revenue is much less than the loss of human life and suffering. Larger societal benefit is considered more vital.
• Only military personnel and those with “medical needs” are allowed to consume alcohol.

(5) Nagaland

• Nagaland introduced total prohibition in 1989 due to “moral and social” reasons, for the greater good of its citizens.
• However, in recent times, the Naga government has mulled partially lifting prohibition due to various reasons.

Partial prohibitions in some states

• Some states with partial prohibition are Karnataka, which specifically banned country-made arrack in 2007.
• In Maharashtra, the districts of Wardha and Gadhricholi have banned on production and sale of liquor.
• In Manipur, districts of Bishnupur, Imphal East, Imphal West and Thoubal have prohibition.
• In 2014, then CM Oomen Chandy announced that Kerala would implement prohibition in a phased manner.
• However, the state has since gone back on this promise.

Reason behind Bihar tragedy: Alcohol Ban

• Critics have claimed that one of the reasons behind the tragedy is the state’s prohibition policy.
• An official ban on alcohol leads to a thriving underground economy where such spurious alcohol is produced and sold.

Does prohibition really work?

• Creates no deterrence: There is evidence to show that, prohibition creates opportunities for a thriving underground economy that distributes liquor, outside the regulatory framework of the state.
• Rise of mafias: This creates its own problems, from strengthening organized crime groups (or mafias) to the distribution of spurious liquor.
• No evidence of progress: In the case of Bihar, a year after prohibition was enforced, there was a spike in substance abuse.
• Anti-poor: In the case of Bihar, a majority of cases registered under its prohibition laws are on the less privileged.

Limited benefits

• Prevented crime against women: Various studies have provided evidence linking alcohol with domestic abuse or domestic violence. In India, prohibition has often been framed as a “women’s rights” issue.
• Prevented domestic violence: Prohibition might have some limited benefits as well. Various studies have provided evidence linking alcohol with domestic abuse or domestic violence.

 

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An acid attack in in Delhi has once again brought back to focus the heinous crime of acid attacks and the easy availability of corrosive substances.

What is Acid Attack?

• An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another.
• It intends to disfigure, maim, torture, or kill.
• Perpetrators of these attacks throw corrosive liquids at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones.
• The most common types of acid used in these attacks are sulphuric and nitric acid.
• Hydrochloric acid is sometimes used but is much less damaging.

How prevalent are acid attacks in India?

• Though heinous, acid attacks on women are not as prevalent a crime as others against women.
• According to data compiled by the National Crime Records Bureau (NCRB), there were 150 such cases recorded in 2019, 105 in 2020 and 102 in 2021.
• West Bengal and UP consistently record the highest number of such cases generally accounting for nearly 50% of all cases in the country year on year.
• The charge-sheeting rate of acid attacks stood at 83% and the conviction rate at 54% in 2019.
• In 2020, the figures stood at 86% and 72% respectively.
• In 2021, the figures were recorded to be 89% and 20% respectively.

What is the law on acid attacks?

• Until 2013, acid attacks were not treated as separate crimes.
• However, following amendments carried out in the IPC, acid attacks were put under a separate section (326A) of the IPC.
• Such attacks made punishable with a minimum imprisonment of 10 years which is extendable to life along with fine.
• The law also has provisions for punishment for denial of treatment to victims or police officers refusing to register an FIR or record any piece of evidence.
• Denial of treatment (by both public and private hospitals) can lead to imprisonment of up to one year and dereliction of duty by a police officer is punishable by imprisonment of up to two years.

Creating deterrence against acid attack

(1) Clear rules

• In 2013, the Supreme Court took cognizance of acid attacks and passed an order on the regulation of sales of corrosive substances.
• Based on the order, the MHA issued an advisory to all states on how to regulate acid sales and framed the Model Poisons Possession and Sale Rules, 2013 under The Poisons Act, 1919.
• It asked states to frame their own rules based on model rules, as the matter fell under the purview of states.

(2) Regulation of acid sale

• In 2015, MHA issued an advisory to all states to ensure speedy justice in cases of acid attacks by expediting prosecution.
• According to the MHA’s directions and the model rules, over-the-counter sale of acid was not allowed unless the seller maintains a logbook/register recording the sale of acid.
• This logbook was to also contain the details of the person to whom acid is sold, the quantity sold, the address of the person and also specify the reason for procuring acid.
• The buyer must also prove he/she is above 18 years of age.

(3) Effective monitoring

• Sellers are also required to declare all stocks of acid with the concerned Sub-Divisional Magistrate (SDM) within 15 days and in case of undeclared stock of acid.
• The SDM can confiscate the stock and suitably impose a fine of up to Rs 50,000 for a breach of any of the directions.

Rules for victim compensation and care

• Free treatment: States are supposed to ensure that treatment provided to acid attack victims in any hospital, public or private, is free of cost.
• Aftercare and rehabilitation: Based on Supreme Court directions, the MHA asked states to make sure acid attack victims are paid compensation of at least Rs. 3 lakhs by the concerned State Government/UT.
• Funding to NGOs: MHA suggested states should also extend social integration programs to the victims for which NGOs could be funded to exclusively look after their rehabilitative requirements.

Preventing such attacks

• Still on rise: The regulations on acid sales largely help in tracking the accused and not so much in prevention.
• Regulatory bottlenecks: Acid is still easily available in many places. Then these are crimes of passion. In a majority of cases the accused is not even thinking about consequences.

Way forward

• Things improve as social attitudes are changing and the focus of the police in dealing with crimes against women can cause some deterrence.
• But the key to solving this problem will always remain in society.
• We must create more awareness. Parents must teach their children the importance of boundaries and consent.

 

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