- The Indian citizens have been quite accustomed to how our political leaders never miss an opportunity to not only impress upon voters to consolidate assiduously built vote banks but also further garner even more support from the general public positioning themselves as social messiah. Sometimes those policies intended to target a certain segment of the society pays dividends, and many a time it boomerangs on the polity as well. Of course, the intention behind certain laws cannot be faulted but the practical implementation on the ground poses challenges that are not easy to address.
PC: Anubhuti Vishnoi
- One such instance is the Prohibition Law which is posing difficulties for the state of Bihar as well as the judiciary. Even though women would welcome the Prohibition Law in its entirety helping them run the families in a dignified manner, there is no denying the fact that one of the largest money-spinners in the form of excise earnings for the exchequer would have greatly helped the administration in other social measures. As you are aware, the Bihar chief minister Nitish Kumar’s ill-advised 2016 Bihar Prohibition and Excise Act is predictably creating trouble for the smooth functioning of the state administration.
- As news reports vividly detail, thousands have been arrested for drinking and then jailed where scores of undertrials are housed to the brim. Available police records indicate 3.8 lakh cases and 4 lakh arrests under the law and 20,000 bail pleas pending disposal in Patna high court and trial courts, respectively. Needless to mention, the judiciary is also dealing with repercussions of a bad law only exacerbating the number of pending cases to monumental proportions. Reportedly, 16 of Patna high court’s 25 judges i.e., the high court is already hampered by 28 vacancies, are caught up in hearing bail petitions moved by prohibition violators.
PC: Kartik Mago
- As mentioned above, the courts are already burdened with innumerable cases of importance to deal with, hearing petty bail petitions moved by prohibition violators could have been simply avoided if only our lawmakers were prudent, pragmatic, and practical. With the Supreme Court on Tuesday threatening to release all arrested on bail, weeks after Chief Justice of India NV Ramana criticized the law’s design, a chastened Bihar cabinet has approved amendments that will let off first-time drinkers with a reasonable penalty and will confiscate liquor suppliers’ property. Mind you, these changes may not solve the problem altogether.
- Remember, the original 2016 Act punished drinkers with 5-7 year jail terms and Rs 1-10 lakh fines, which was duly amended after facing flak with fines not less than Rs. 50,000 or 3-months imprisonment for first-time offenders and jail terms of 1-5 years and fine up to Rs. 1 lakh for repeat offenders. As for confiscation of property of liquor suppliers, under prohibition, supply typically happens via gangs, not individuals. So, it’s likely a frontman will get penalized while the big guys walk away. Thus, thoughtless application of laws even when those laws are good, can also jam up the system as is happening now. Therefore, it makes imminent sense to consider repealing the law in Bihar even if it potentially antagonizes the women voters. Any takers?
