Alcohol Ban in Indian States and Reasons Behind That

Alcohol consumption has been a controversial topic in India for very long. WHO’s Global status report on alcohol consumption says that about 1/3rd of the country’s population consumes alcohol on a regular basis[i] but still, Society frowns upon drinking, in general. Many moral, as well as legal reasons, are behind the same. There are many cases when people have died because of illegal and poisonous alcohol, too. And then, there are problems with Drink and Drive, Fights, and Domestic Violence. These have alcohol drinking as their root cause.

Keeping in mind all of this, the framers of the Constitution included Article 47 in the Directive Principles of State Policy (DPSPs). This allows the State to ban the consumption of Intoxicating drinks except for medical purposes.[ii] Even though DPSPs are not legally enforceable, they still serve as the basic guidelines for governance of the Country.[iii] However, the subject of ‘Intoxicating Liquors’ is given in entry number 8 of the State list. Some states have banned drinking. There are many reasons behind the alcohol ban in these states. The States have the sole authority to make laws in this regard.[iv] As of now, the list of dry states in India is 3: Bihar, Gujarat, and Nagaland, and one Union Territory, Lakshadweep.

These are the reasons why was alcohol banned in India and the alcohol laws in India.

Ban in Bihar

Bihar has had a relatively higher Crime rate as compared to other parts of the Country. Murders, Thefts, Kidnappings, and even petty crimes were at large in the State. Many of these crimes involved drunk offenders. These were the reasons behind the alcohol ban in Bihar. CM Nitish Kumar said in November 2015 that there will be a complete ban on Alcohol from 1 April 2016.

The Government amended the Bihar Excise Act, 1914 to empower itself to impose a complete ban on manufacture, sale, consumption or possession of any intoxicants. On the same day, it passed a notification and banned country liquor. Soon after this, it imposed a complete ban on all kinds of alcohol including India Made Foreign Liquor (IMFL). There was imprisonment of 5-10 years for anyone found having consumed alcohol. The State set up Rehabilitation centers for the addicts and provided proper care. Even the crime rates in Bihar declined by 27 %.[v] Quality of life also got better as the people started investing more on food and clothing.

Still, a faction of society believed it to be a draconian law. The matter went before the Patna High Court. They opposed the ban mainly on 3 accounts: Excessive Delegation, Ultra Vires Notification and the law being against Fundamental Rights. The Court held that the ban to be illegal on two aspects of Excessive Delegation and the Notification banning IMFL being ultra vires. However, the Chief Justice held that Right to Privacy did not include the Right to consume Alcohol so the law doesn’t infringe Fundamental rights.[vi] After this, the State went to Supreme Court which quashed the High Court decision and validated the ban.

Ban in Gujarat

Gujarat is one of the earliest states to issue a complete ban on liquor. Earlier, the Bombay state banned alcohol in 1948-50 and again from 1958.[vii] However, after its division into Maharashtra and Gujarat, only Gujarat adopted the said law. There have been several demands by the citizens to remove this law but the Government has often given reasons behind alcohol ban that the law is based on the ideals of Gandhi. He readily supported a liquor-free society. A one month license for liquor in the State is allowed for the foreigners.

These laws have become even more stringent which has led to the increase in the illegal sale of liquor. In 2009, a lot of people died because of drinking Methyl alcohol. After this, the Bombay Prohibition (Gujarat Amendment) Act, 2009[viii] was passed and Section 65A was added to the principal act. This issued the death penalty for the sale of poisonous liquor leading to death(s).

Ban in Nagaland

Nagaland through, the Nagaland Liquor Total Prohibition Act, 1989 (NLTP)[ix] banned the sale and consumption of alcohol in 1989. However, the ban has not been very successful. The reasons behind this is that illegal sale is very high in the state. IMFL and other liquors can be easily availed and corruption is very high. Even the higher Police Officials are often indulged in bootlegging. The opposition has termed this ban ‘a complete failure’ and has demanded it be revoked.

Ban in Lakshadweep

Lakshadweep has banned Alcohol import, export, consumption, manufacture, etc of alcohol. It was done by the Lakshadweep Prohibition Regulation, 1979.[x] The reasons behind the alcohol ban were the development of Human resources. There is a ban in all the parts of the Union Territory except the island of Bangaram. It is mostly deserted but a resort and a bar are there.

Conclusion

Some of the states which had banned alcohol in the past but now have revoked the ban are Andhra Pradesh, Haryana, Kerala, Manipur, Mizoram, and Tamil Nadu. The goals behind all of the above bans were Human resource development. Reasons behind the alcohol ban were to provide a better lifestyle and standard of living to citizens as well as to save them from the increasing threats of poisonous alcohols. There have been mixed results because of these bans till now and much more is still left to be seen.

[i] Sujatha, ‘Alcohol Consumption in India’ (Maps of India, 25 September 2015) <https://www.mapsofindia.com/my-india/india/alcohol-consumption-in-india> accessed 6 December 2018

[ii] Constitution of India 1950, a 47.

[iii] Constitution of India 1950, a 37.

[iv] The Constitution of India 1950, Schedule 7, List 2.

[v] ‘Crime rate down by 27% in Bihar since liquor prohibition’ (Times of India, 6 May 2016) <https://m.timesofindia.com/india/Crime-rate-down-by-27-in-Bihar-since-liquor-prohibition/amp_articleshow> accessed 6 December 2018.

[vi] Confederation of Indian Alcoholic Beverage Companies v State of Bihar 2016 SCC OnLine Pat 4806.

[vii] Bombay Prohibition Act 1949.

[viii] Bombay Prohibition (Gujarat Amendment) Act 2009, s 4.

[ix] Nagaland Liquor Total Prohibition Act 1989.

[x] Lakshadweep Prohibition Regulation 1979.