Moa Jamir
On September 30, the Patna High Court effectively quashed the Bihar government’s Prohibition Act in force since April, as “unreasonable and draconian.” However, it became a ‘dry state’ once again on October 2 as the Bihar State Government enforced a new law circumventing the court’s order. In Kerala, the government is all set to tweak the liquor policy of the previous administration laying emphasis on abstinence and not total prohibition citing a surge in alcohol sales and consumption since its imposition.
In Gujarat, a dry state since its statehood in 1960, booze gets delivered to the doorstep faster than pizza if you have the right contacts, reported Hindustan Times. In Bihar, tipplers were crossing over to bordering Nepal or neighboring Jharkhand, West Bengal and Uttar Pradesh to quench their thirst. When Mizoram lifted the 18-year-old ban on alcohol in 2014, its State Excise and Narcotics Minister said that the ban only resulted in sale of spurious liquor as well as increasing substance abuse.
Revenues forgone due to liquor prohibition laws run over Rs. 1000 crore annually in most of these states. The failure of America’s “noble experiment” (1920-33) with prohibition is an often cited example too.
On January 16, 1920, America went dry and for the next thirteen years it denied every citizen the right to buy or sell alcoholic drinks and change America forever, stated an account by Journalist and writer Edward Behr. But instead of regulating social behavior and eliminating the scourge of "the Devil's brew," it incited Americans to bend or break the law by any means possible.
In a CATO Institute policy analysis, American Economist Mark Thornton wrote that while prohibition of alcohol was undertaken to reduce crime and corruption, solve social problems, reduce the tax burden, and improve health and hygiene, it was a miserable failure on all counts. Alcohol became more dangerous to access; consumption rose after initial decline; crime increased and became "organized"; the court and prison systems were stretched to the breaking point; and corruption of public officials became rampant.
Besides, many switched to opium, marijuana, patent medicines etc leading to dangerous substance abuse. Consumption, and death rate from poisoned liquor, rose exponentially after the prohibition. In short, prohibition in United States backfired and created an era of organised crime, social corruption and illicit liquor shops or drinking dens known as ‘speakeasies.’
The scenario is similar in Nagaland. Prohibition here led to bootlegging and syndication; adulteration; rampant corrupt practices; and winsome illegal business opportunities. Besides, a polarising impact on the polity, religion and social life of the populace is conspicuous.
In paper, the Nagaland Liquor Total Prohibition (NLTP) Act, 1989 looks comprehensive. It prohibits not only possession but also sale, manufacture as well as “consumption” of alcohol. Even using or keeping any material, utensil, implement or apparatus whatsoever for manufacturing liquor is banned.
In other words, it elaborated that, “Nagaland shall be a dry State and there shall be total prohibition of liquor.” While Mess and Canteens of Armed Forces etc were spared from its ambit, the NLTP Act stated that no holder of a permit can “use or consume any part of the liquor to any other person” or in public. Local brew, “Zu” and “Rohi,” were exempted provided “it is used for domestic purpose only.”
Nagaland since then is nothing but ‘dry,’ – figuratively and literally. Countless shops selling ‘only’ mineral water or pan, ubiquitous roadside hotels, high end lounges and eateries—all have become profitable industry in Nagaland through the sale of alcohol.
It is usual to have an ‘awkward’ encounter with uniformed law enforcing personnel looking for the same ‘forbidden’ drink.
When something ‘illegal’ is proliferating at this magnitude, it necessarily suggests that the law and its enforcement are farcical; they need review and appropriate change. The NLTP Act is hurting only the 'health' of the people and the economy.
As cases all over the Indian sub-continent suggest, time is ripe for us to honestly review the NLTP Act. Religious dogmatism should not inhibit reviewing or revoking a law whose failure is a foregone conclusion.
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