As thousands thronged at the liquor outlets after five weeks of shutdown, the Supreme Court has requested the States to consider home delivery. In Goa it was urrack season and the jungle juice was not in short supply! Realizing that liquor would get sold at whatever cost, some states in India have imposed additional 70% Corona tax. Andhra Pradesh CM claimed the imposition of taxes is in the direction of prohibition. The issue of Alcoholism and prohibition is back on our table.
The alcohol usage is as old as civilisation. It alters our senses and can give a sense of relaxation, peace and is considered divine. Consumption of Alcohol has been part of pagan culture. Ancient Egyptian, ancient Chinese and Mesopotamian cultures offered wines to gods. The Jews necessarily use wine in various religious ceremonies. The biblical narrative records both the positive and negative aspects. According to Wikipedia, … both the Bible and Christian values taught that alcohol is a gift from God that makes life more joyous but that over-indulgence leading to drunkenness is sinful or at least a vice. Rig Veda states somras for the Gods and surra for the commoners, though there is a view that Somras has multiple meanings, however the core essence of somras is something that produces peace and a relaxed mind.
The malaise of alcoholism has been there for thousands of years. Alcoholism has played havoc with family and social lives. Issues of public health and excessive drinking have been on the agenda for centuries. As the present nation-state got fashioned with personal liberty as a core constitutional value, prohibition over consumption of liquor was seen as a progressive move and the state was called upon to ban manufacture, storage, sale and consumption of liquor. USA was probably the first to bring in prohibition as the temperance movement swept the country. Some States of US had limited prohibition laws since 1838. In 1920, the 18th amendment to the US constitution brought a prohibition regime which lasted till 1932 when President Franklin Roosevelt defeated President Herbert Hoover for whom prohibition was a ‘great social and economic experiment, noble in motive and far reaching in purpose’.
In US prohibition regime, consumption of intoxicating liquors did not go away. History tells us that night clubs and cabarets are legacies of prohibition. That decade only saw bootlegging, smuggling and crime syndicates. A noble experiment brought by the world’s most prosperous democracy wedded to personal liberty; to reduce crime, social problem and to reduce expenditure on prison administration actually turned to be a remedy worse than the disease. Facing depression, USA realised that there is no better way than tax on liquor. In 1934, 9% of the federal revenue came from liquor. In 1932 as Franklin Roosevelt campaigned for his presidency, the call to do away with the noble experiment gelled well with the electorate. It is this very revenue issue which made the states open liquor shops after five weeks of shutdown in India, despite a public outcry. An article in Financial Express says that only IMFL industry contributes Rs one lakh crores. Our states otherwise dependant on the centre for finances, COVID lockdown having pauperized them, revenue from liquor provided some solace.
Harold J. Laski wrote…”We cannot suppress all modes of conduct in which excess does harm. In most cases, we have to leave the individual free to judge at what point excess is a fact……When a particular statute is regarded as foolish and obnoxious by a considerable body of persons, they will rejoice breaking it. Illegal conduct becomes a matter of even pride.” Laski was spot on.
Since the US experiment, prohibition has not succeeded anywhere. The home state of Mahatma Gandhi who advocated complete prohibition has a thriving illicit liquor industry. Neighbouring Daman has a per capita consumption of 56 litres per annum, when the national average is 4.3 litters. Gujarat looses Rs 8000 crores annually. Maharashtra still follows the archaic law of ‘permit rooms’. States of Haryana, UP, Manipur and Kerala tried prohibition and failed. Bihar brought complete prohibition in 2016. The police administration and Courts are clogged with prohibition cases. The bootlegging industry provides spurious liquor, normally consumed by the poor and the labour class. Enforcement of prohibition is a bigger issue in Bihar.
The constituent assembly also debated the matter over a directive principle. Jaspal Singh Munda, a tribal member opposed the draft resolution. He claimed that it interferes with the religious rights of adivasis for whom rice beer was essential for religious ceremonies. He said it was not possible for Santhal tribals to transplant paddy without rice- beer. Ambedkar immediately assured that prohibition laws would not apply in tribal areas under sixth schedule. B.H. Khardekar Kholapur MP said “there is difference between drinkers and drunkards and the latter comprise only one percent of the ten percent….even Gods indulged in Surra. Khardekar was more worried about the revenue for the nascent democracy . That was his bigger concern, though he took offence to the tinkering of personal liberty.
A recent SC Order banning sale of liquor from pubs, bars and hotels within half kilometer of the highways to reduce road accidents was modified at the instance of the states and the centre within a month. It is estimated that the order caused loss of rupees fifty thousands crores in tax revenue and loss of Rs ten thousands to twenty thousands crores to private industry besides loss of livelihood to the workers. The Kolhapur MP who raised the issue of revenue in the constituent assembly was not alive to see his point vindicated. Alcohol contribution to the state kitty cannot be under estimated. James Carville was spot on when he said ‘It is the economy, Stupid’. It’s the economy that rules us.
(The writer is practicing advocate, senior faculty in law and political analyst)
