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Nitish amends anti-liquor law: What is the ban and why has it gone through so many changes recently?

The latest change is an addition to the long list of recent tweaks in the state’s liquor prohibition law, which was first brought in by the Nitish Kumar-led government in 2016. Since its enactment, the law has been a subject of intense debate.

Bihar Chief Minister nitish kumarBihar Prohibition and Excise Act, 2016, was introduced just six months after Nitish Kumar won the state Assembly election in 2015. It was one of his poll promises to women who were the victims of domestic violence and other crimes perpetrated by their husbands in an inhibited state. (Express photo by Anil Sharma)
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Nitish amends anti-liquor law: What is the ban and why has it gone through so many changes recently?
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Making yet another change in Bihar’s liquor prohibition law, the state Cabinet on May 31 allowed the release of vehicles impounded for transporting liquor after the payment of only 10 per cent of its insurance cover, instead of the 50 per cent required earlier.

Speaking to the media, Additional Chief Secretary (Finance) S Siddharth said, “One can now get their vehicle released by paying concerned authorities 10 per cent of its insurance cover up to a maximum of Rs 5 lakh, after following standard judicial process. The modified rules will be notified soon.”

The decision to make the tweak in Bihar Prohibition and Excise Act, 2016, has come in the context of a huge number of abandoned vehicles piling up at police stations across the state as their owners often don’t turn up to pay the heavy fine.

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The latest change is an addition to the long list of recent tweaks in the state’s liquor prohibition law, which was first brought in by the Nitish Kumar-led government in 2016. Since its enactment, the law has been a subject of intense debate with many seeing it as draconian and counter-productive.

What is Bihar Prohibition and Excise Act, 2016?

Notified on October 2, 2016, Bihar Prohibition and Excise Act enforces, implements and promotes complete prohibition of liquor and intoxicants in the territory of the state.

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“Whereas it is expedient to provide for a uniform law relating to Prohibition and regulation of liquor and intoxicants, the levy of duties thereon and punishment for the violation of law in the State of Bihar.,” the law states.

What changes have been made in Bihar’s prohibition law?

The new tweak, which lowers the fine to release vehicles impounded for carrying liquor, is among a slew of changes that have been made in the law since 2022. The previous amendments included the release of first-time drinkers on the spot, against a fine of Rs 2,000-5,000 — earlier, punishment of imprisonment was mandatory. The confiscation of the offender’s home upon recovery of liquor can now be reversed. The state government also restored the Rs 4 lakh compensation to the next of kin of hooch victims. Even though the law has always provided for compensation, the authorities had not given it to any victims of the hooch tragedies in the state since the Gopalganj case of 2016, in which 19 people died.

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The dilution of the anti-liquor policy began after then Chief Justice of India N V Ramana, in 2021, described it as an example of “lack of foresight” that resulted in the High Court “being clogged with bail applications… a simple bail application takes a year to be disposed”.

The CJI’s remarks were followed by a number of amendments in the law during the 2022 Budget session. The Indian Express reported, “Key amendments included reducing the punishment for drinking from 10 years to five. All offences, earlier heard by trial courts, ‘shall be disposed of through a summary trial by an Executive Magistrate not below the rank of Deputy Collector,’ a move that is expected to unclog courts. Deletion of Section 55, which made cases involving all offences under the Act non-compoundable, can now be withdrawn, while both parties can now also strike a compromise in or outside the courts.”

Moreover, an insertion in Sector 57 was made that allowed release, upon payment of the penalty, of vehicles confiscated for carrying liquor. Also, the government deleted Chapter VII of the Act that dealt with internment and externment of the accused under which there were curbs on their movement. This also included the deletion of its key Sections: Section 67 (extension of period of externment); Section 68 (permission to return temporarily); Section 70 (immediate arrest).

Why was the anti-liquor law enacted in Bihar?

Bihar Prohibition and Excise Act, 2016, was introduced just six months after Nitish Kumar won the state Assembly election in 2015. It was one of his poll promises to women who were the victims of domestic violence and other crimes perpetrated by their husbands in an inhibited state.

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“With this (total ban on liquor in Bihar), he (Nitish) tried to achieve two things — further broadening his ‘caste-neutral’ constituency of women that he had already cultivated with several welfare schemes, including the popular initiative of giving free bicycles to girls studying in Class nine…But his bigger objective was to showcase prohibition as his national political plank.,” The Indian Express reported.

Soon after enacting the law, Nitish, who at the time was in alliance with the RJD and the Congress, went to different states such as Uttar Pradesh, Jharkhand, and Maharashtra, asking them to introduce a similar prohibition policy. His plans, however, didn’t materialise as there was hardly any taker for the liquor ban in the Congress-led United Progressive Alliance (UPA).

Why has the anti-liquor law gone through so many changes recently?

Once other states didn’t show any interest in following Nitish’s footsteps in implementing a blanket ban on liquor, the policy was put on a back burner. The situation worsened when the state government failed to implement the prohibition effectively. Its stringent provisions such as the imposition of a community fine, and the arrest of all in a family if any member is found storing and consuming alcohol, drew considerable flak from courts and Opposition parties. Moreover, it led to a spike in illicit trade, hooch deaths, and arrests, disproportionately, of the poor and vulnerable.

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With the national elections just around the corner, Nitish has also realised that the prohibition law has run out of its political expediency — his party’s vote share and the number of seats have been constantly falling. The dilution of the law can be seen as Nitish’s attempt to reimagine his political agenda — scrapping the policy isn’t an option for him as it would mean losing face and might end up hurting his political ambitions.

First uploaded on: 03-06-2023 at 13:53 IST
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