Mughakivi K Chophy
Dimapur
The Nagaland Liquor Total Prohibition Act of 1989, which received governor assent on April 13, 1990 and come into force on April 24, 1990, was introduced during the chief ministership of Dr SC Jamir.
Rooted in the principles of public welfare and guided by Article 47 of the Constitution of India under DPSP, which placed duty on the state to improve public health by prohibiting the consumption of intoxicating drinks that are harmful to health. The act sought to alleviate social problems that were perpetuated under the influence of alcohol such as domestic violence, breakdown of families, financial hardships incurred through excessive drinking, accident, and protecting society from harmful alcohol effects.
Initially, the act was welcomed and lauded by all sections of people as the act intended to safeguard the society and most importantly it aligned with the Christian values and principles.
It is true that when NLTP was implemented, there was a widespread belief that alcohol-related violence would significantly decline. However, the contemporary realities presents more complex picture.
Despite the 36 years of prohibition on alcohol, incidents of alcohol-related violence are often witnessed dime a dozen.
Despite proclaiming that Nagaland is a dry state and although selling of liquors are prohibited within the state even an underage kid below 18 years are easily having access to liquor as many illegal liquor shops are operating every nook and corner and in some places one can find illicit liquor shops just next to the police station.
Simply selling of illegal alcohol is not the only problem but the danger which it poses in our health as most of these shops are selling spurious and adulterated alcohol.
It is important to remember that the original intent behind the act was strongly advocated by civil bodies such as Naga Mothers Association with the conviction that it will protect the dignity and safety to women however ironically today most of these liquors are being operated by women themselves.
Article 31 of NLTP Act of 1989 says: “Every person who owns or occupies any land or building or who is a landlord shall be bound to give immediate information to Prohibition Officer or to a police officer.”
Furthermore under the same act Article 42 directed every officer of the state government and every officer or servant of a local authority and the Gaon Burrah or Assistant Gaon Burrah of a village to give immediate information to the nearest police station or to any officer or person authorized or to take all reasonable measures in their power.
Despite all this rules and laws majority of the people hardly or never report the matter to law enforcement agencies. However instead of reporting the matter to the authority, many even lease out their properties and shelters to individuals thereby allowing them to illegally sale harmful intoxicated liquors.
This makes us question, has the problem been solved or the act just exist in papers?
If the government of the day truly care for the safety and the well being of the common people they must reform the act by setting up proper mechanism to address this menace in the society.
1. Upgrade enforcement mechanism: Additional security personnel must be deployed at various check points which will ensure regular checking of vehicle coming from outside of state. Transparent reporting system must be incorporated. Coordination between police, excise and local authorities must be improved.
2. Enhanced punishment: Perpetrators must be dealt severely according to the norms and rules enshrined under the act. Furthermore the sellers must be strictly penalized according to the law, if there are no sellers there will be no buyers.
3. Campaigns and awareness: Public must be made aware about the act through local seminars and awareness program. Village councils and Gaon Burrah (local authority) must be made aware about their duties and rights and awareness about danger of excessive drinking and consumption must be made known.
4. Alternative livelihood opportunity: A large number of individual particularly women are engaged in this activities because of economic necessity to sustain their families. Therefore government must focused on skill development initiatives, promote Self Help Group (SHG) and empower opportunity such as handicraft, agriculture and small scale industries.
5. Tackling corruption: Despite the act enforcement there is a rampant sell of spurious and adulterated illegal liquor in the black market which is a direct consequence of weak enforcement and corruption within the system. Therefore government and law enforcement agencies must be strengthen to curb this. Government servants and officials perpetuating the law must be strictly penalized.
6. Collective efforts: Leaving the responsibility solely at the hands of law enforcement and government is one major drawback for the failure of the act. All the people in the society including the CSO's, student body and church leaders should play crucial role to address this challenge.
Policy can be successful only if society give cooperation.
Recently there was a growing controversy that lifting the NLTP Act would generate huge revenue for the state economy but the question is can it compensate for the damage that will come along with legalizing alcohol. The damage that will inflicts in our society, on our health care system specially at such time when our state is still grappling with health care facilities.
