Alcohol prohibition in India

Alcohol prohibition in Indian states and union territories

Alcohol prohibition in India is in force in the states of Gujarat, Kerala, Bihar, Nagaland and Manipur; as well as in the Union Territory of Lakshadweep.[1] All other Indian states and union territories permit the sale of alcohol.

Gujarat

Bombay State had prohibition between 1948 and 1950, and again from 1958.[2] Gujarat has a sumptuary law in force that proscribes the manufacture, storage, sale and consumption of alcoholic beverages. The legislation has been in force since 1 May 1960 when Bombay State was bifurcated into the states of Maharashtra and Gujarat. The Bombay Prohibition Act, 1949 is still in force in both states, however the licensing regime in Maharashtra is quite liberal with granting licenses to vendors and traders. Gujarat is the only Indian state with a death penalty for the manufacture and sale of homemade liquor that results in fatalities. The legislation is titled the Bombay Prohibition (Gujarat Amendment) Bill, 2009.[3] The legislation was prompted by numerous deaths resulting from the consumption of methyl alcohol.[4]

Predictably, smuggling and illicit sale of alcohol are very common.[5] "Folder" is a slang term of unknown origin, used in Gujarat to refer to a bootlegger who delivers alcohol on-demand.

Permits

Foreigners and NRIs are able to purchase 30-day liquor permits.[6]

Kerala

On 24 August 2014, the Chief Minister Oommen Chandy announced, after a long persuasion from KPCC President V M Sudheeran, that state will implement prohibition in a phased manner.[7] The decision was supported by the Indian Union Muslim League (IUML) and the Kerala Congress.[8] Liquor bars in Kerala had to renew licenses every year; the state government did not license any bar on 31 March 2014, resulting in the closure of 418 bars. The state government also declared its intention of not renewing licenses of the remaining 313 bars in the state next year. The state owned Kerala State Beverages Corporation (Bevco) has 338 shops, and Bevco will shut down 10% of them every year. Consumerfed, which has 46 shops, will also be closed. However, sale of alcohol will continue to be permitted in 5-star hotels, and there were fourteen 5-star hotels in the state as of August 2014.[9] Toddy will also continue to be legally sold, and toddy shops will be permitted to operate as earlier.[7] In 2016 new Chief Minister of Kerala said their studies show total ban is not applicable but they will enforce on regulating alcohol consumption. The proposed plan is to regulate alcohol consumption using Aadhaar cards to a maximum of 14 units[10] per week, as studies show it decreases rising cancer risk and liver disease.[11] This is an agenda of Government of Kerala to promote healthy living.

Lakshadweep

Lakshadweep is the only union territory that bans the sale and consumption of alcohol.[6] Consumption is permitted only on the island of Bangaram. Bangaram is an uninhabited island, but the Bangaram Island Resort has a bar.[12]

Nagaland

The Nagaland Liquor Total Prohibition Act (NLTP) banned the sale and consumption of alcohol in 1989.[13] Enforcement of the ban is lax and Indian Made Foreign Liquor is readily available. Authorities generally turn a blind eye towards illegal sales. Reports have stated that some police officials themselves engage in bootlegging.[6][14] The Congress party has termed prohibition a "total failure" and has pleaded for it to be revoked.[2]

The excise department had earned around ₹600 lakh (equivalent to ₹41 crore or US$6.1 million in 2016) prior to prohibition. It earned about ₹10 lakh (US$15,000) annually in NLTP Act related fines as of June 2014.[15] The Morung Express estimated that were about 500 illegal liquor bars in Dimapur, the largest city in the state, as of August 2014.[16] Alcohol is also smuggled in from neighbouring Assam.[15]

Dry days

Dry Days are specific days when the sale of alcohol is prohibited. Dry Days are fixed by the respective state government. Most Indian states observe dry days on major religious festivals/occasions depending on the popularity of the festival in that region. National holidays such as Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October) are usually dry days throughout India.[17] Dry days also depend on the establishment selling alcohol. For example, generally 5-star hotels do not have to observe all the dry days that liquor stores and small bars may have to. Dry days are also observed on and around voting days.[18][19] National dry days also occur during Election Commission of India-ordained voting and result days.

Earlier bans

Andhra Pradesh, Haryana, Mizoram and Tamil Nadu have previously enforced, but later repealed prohibition.

Andhra Pradesh

Total prohibition was introduced in Madras State (which included Coastal Andhra and Rayalaseema) when C. Rajagopalachari became Chief Minister in 1952. Again ban was introduced by N.T. Rama Rao in 1994.[20] N. Chandrababu Naidu repealed prohibition in 1997, claiming that it was "not successful or feasible because of the leakages within the state and from across the borders".;[2]

Bihar

On 26 November 2015, Bihar Chief Minister Nitish Kumar announced that alcohol would be banned in the state from 1 April 2016.[21] Kumar officially declared the total ban on 5 April 2016, and said in a press conference, "All type of liquor will be banned in the state from today. Sale [and consumption] of any type of alcohol in hotels, bars, clubs and any other place will be illegal from today onwards."[22] Violating the law carries a penalty of 5 years to 10 years imprisonment .[23] On 30 September 2016 Bihar High Court ruled that the ban is "illegal, impractical and unconstitutional".[24] Although even before the High Court order came, the Bihar government had announced that it would enforce a new stringent law from 2 October 2016, only to stay adamant on it after the order. The government had drafted a new law to keep from withdrawing the ban. As per the new liquor law, those found indulging in unlawful import, export, transport, manufacture, possession, sale, intoxicant or liquor could attract a minimum 10 years of jail term which may extend to imprisonment for life besides a minimum fine of Rs 1 lakh which may extend to Rs 10 lakh, says a report by Press Trust of India.[25] On 3 October 2016, the Bihar government approached Supreme Court of India challenging the High Court order. The Supreme Court Bench headed by Chief Justice T. S. Thakur agreed to give an urgent hearing on the matter and on 7 October 2016 , much to the relief of the government, the bench stayed the high court order. "Ban on liquor and fundamental rights do not go together," the SC bench said.[26] The bench has directed the hearing of the matter after 10 weeks. On 25 October 2016, the Bihar Government decided to renew liquor licences of canteens in cantonment areas, military and air force stations for 2016-2017 in the "interest of soldiers", The Telegraph reported.[27]

Haryana

Bansi Lal led Vikas Party lift the prohibition on Apr 1, 1998. The total prohibition was in force in the state from July 1996.[28]

Tamil Nadu

Alcohol has been prohibited in Tamil Nadu (and the erstwhile Madras State) during various periods. The most recent repeal of prohibition in the state occurred in 2001, with state-owned TASMAC being granted a monopoly on the supply and retail of beverages in the state.

Manipur

Prohibition in force in districts shown in red, repealed in green.

Prohibition is enforced in the Imphal East, Imphal West, Thoubal and Bishnupur districts of Manipur. Prohibition was enforced statewide by the R.K. Ranbir Singh government with effect from 1 April 1991.[29] Local brews called ashaba and atingba are available in most areas, and authorities usually ignore their sale and consumption.[6]

In 2002, the Okram Ibobi Singh government lifted prohibition in the five hill districts of Manipur.[2][30] The state Legislative Assemble passed the Manipur Liquor Prohibition (Amendment) Bill, 2002 on 31 July 2002 lifting prohibition in the districts[31] of Chandel, Churachandpur, Senapati, Tamenglong and Ukhrul. In 2015 , Chief Minister Okram Ibobi Singh stated in the Manipur state assembly that the state government was looking at the option of lifting prohibition in the state[32]

Mizoram

The Mizoram Liquor Total Prohibition Act, 1995 banned sale and consumption of alcohol effective from 20 February 1997.[33] In 2007, the MLTP Act was amended to allow wine to be made from guavas and grapes, but with restrictions on the alcohol content and the volume possessed. It is illegal to transport these products out of the state.[6]

Mizoram repealed prohibition on 10 July 2014, a period of 17 years after it had been imposed. On that date, the state Legislative Assembly passed the Mizoram Liquor (Prohibition and Control) Bill 2014 (or MLPC), replacing the MLTP Act.[34] The Presbyterian Church had organised mass prayers in all member churches across the state twice that year opposing the repeal of prohibition. Excise and narcotics minister R. Lalzirliana who introduced the MLPC bill explained, "As the prohibition only increased the sale of spurious liquor, we strongly felt the need to lift the prohibition so that those people who cannot do without drinks can find good quality liquor at cheaper prices." Lalzirliana, who also belongs to Presbyterian Church, had also participated in a mass prayer at his local church. The minister stated, "I asked God to prevent me from introducing the bill in the Assembly if that is what he really wanted."[35] The repealing legislation came into force from 15 January 2015, and the first wine shop under the new law was opened on 16 March 2015.[33]

See also

References

  1. ↑ "States with total and phase-wise prohibition of alcohol in India". The Indian Express.
  2. 1 2 3 4 "The tragedy of prohibition". The Indian Express. 26 March 2010. Retrieved 21 October 2013.
  3. ↑ Sinha, Kounteya (16 December 2011). "Bengal hooch tragedy: Alcohol among major global killers". The Times of India.
  4. ↑ "Bengal Hooch tragedy: Toll 171, excise officer suspended". The Indian Express. 16 December 2011. Retrieved 2 September 2014.
  5. ↑ "Prohibition – Gujarat's worst kept secret". Rediff.com. 11 December 2002. Retrieved 21 October 2013.
  6. 1 2 3 4 5 "No Drink For You? India's Dry States". Full Stop India.
  7. 1 2 "Kerala, one of the highest consumers of alcohol, to bid goodbye to booze". The Economic Times. ET bureau. 21 August 2014. Retrieved 21 August 2014.
  8. ↑ This decision is backed by the Muslim League and the Christian dominated Kerala Congress and in many ways could be seen as a political decision.
  9. ↑ S. Anil Radhakrishnan. "Tourism may take a hit in Kerala". The Hindu. Retrieved 18 May 2016.
  10. ↑ http://www.nhs.uk/Livewell/alcohol/Pages/alcohol-units.aspx
  11. ↑ https://www.theguardian.com/society/2016/jan/08/mens-recommended-maximum-weekly-alcohol-units-cut-14
  12. ↑ "Bangaram Island Resort Official Website". cghearthhotels.com. Retrieved 19 April 2014.
  13. ↑ "Alcohol prohibition to remain in Nagaland".
  14. ↑ "Nagaland 'wet' after 23 yrs of prohibition". The Telegraph. 16 February 2012. Retrieved 26 April 2013.
  15. 1 2 "Looking for a peg". The Indian Express. 22 June 2014. Retrieved 18 May 2016.
  16. ↑ http://www.morungexpress.com/frontpage/120355.html
  17. ↑ Three cheers to dry days!
  18. ↑ "official web site of Kerala State Beverages Corporation Limited". Archived from the original on 7 August 2011. Retrieved 18 May 2016.
  19. ↑ http://www.and.nic.in/Announcements/Excise_policy.pdf
  20. ↑ "Yo-yoing of prohibition in TN". The New Indian Express. 5 February 2013. Retrieved 25 September 2013.
  21. ↑ "Alcohol Ban in Bihar from April Next Year, Says Chief Minister Nitish Kumar". NDTV.com. 26 November 2015. Retrieved 18 May 2016.
  22. ↑ Agnihotri, Sanjana. "What led to an early liquor ban in Bihar? Why did it fail earlier?". India Today. Retrieved 7 April 2016.
  23. ↑ "Bihar liquor ban: 7 from Gujarat, UP jailed". Retrieved 18 May 2016.
  24. ↑ "India's Bihar alcohol ban struck down". BBC News. Retrieved 18 May 2016.
  25. ↑ "CM Nitish Kumar renews alcohol sale in defence canteens in 'interest of soliders'". Retrieved 26 October 2016.
  26. ↑ "Supreme Court stays Patna high court order quashing liquor ban in Bihar". Retrieved 26 October 2016.
  27. ↑ "Liquor ban relief for defence enclaves". Retrieved 26 October 2016.
  28. ↑ "Haryana to lift ban from Apr 1". Business Standard. Retrieved 11 Nov 2016.
  29. ↑ "The Telegraph - North East". Retrieved 18 May 2016.
  30. ↑ "Prohibition of liquor lifted from the northeast hills - News - Women". Retrieved 18 May 2016.
  31. ↑ Welman, Frans (19 March 2011). Out of Isolation - Exploring a Forgotten World. Booksmango. p. 473. Retrieved 24 August 2014.
  32. ↑ "Manipur govt in a bind over prohibition". The Telegraph.
  33. 1 2 "Mizoram sets up committee to study impact of Liquor Prohibition and Control Act". The Indian Express. 18 July 2016. Retrieved 18 July 2016.
  34. ↑ "Mizoram lifts 18-year-old ban on alcohol". The Indian Express. 10 July 2014. Retrieved 18 May 2016.
  35. ↑ "Mizoram passes liquor bill". The Telegraph. Retrieved 18 May 2016.

Further reading

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