Harsh changes to Bihar anti-booze law

Bihar Chief Minister Nitish Kumar has carried his ‘mission’ to introduce total prohibition in the state to ridiculous and bizarre levels, which clearly impinges on the fundamental rights of the people. Even as the jury is out on whether prohibition introduced in April this year has borne the desired fruit or not, the Bihar government got a new amendment to the Bihar Excise Act passed which provides for the arrest of “all adult members of the family” including women and children, in the event of recovery of a liquor bottle in the house. Offences under this are non-bailable and the bill stipulates a minimum jail term of 10 years and a maximum of life term. The amendment also provides for not just sealing of the houses or premises, but confiscation of the property. The district collectors are also empowered to impose a ‘collective fine’ on a town, a village or a community if there are ‘habitual offenders’ among them.

The opposition parties have rightly slammed the amendments as ‘draconian’ and ‘Tughlaqi firman,’ and warned of its dire consequences. Apart from the fact that it unfairly and arbitrarily seeks to punish those who have had no role to play in the offence, it could also be misused by mischievous elements to simply plant a liquor bottle in someone’s house to settle old scores. In an unequal and fractured society, especially in a state like Bihar, there is no guarantee that the police and excise officials will not misuse these powers to harass ordinary people. 

Nitish Kumar has claimed that his government has provided for punishment of officials harassing the common man with fabricated charges with imprisonment up to three years and a penalty of Rs 1 lakh, but one excess cannot be curbed with another excess. His claim that the law and order situation in Bihar has improved after the introduction of prohibition has been punctured on every count, with the reported rise in robbery to murders and from rape to kidnapping between April and May, for which figures are available. That there was no unanimity within the ruling coalition regarding the amendments is evident from the fact that toddy has been left out of the ambit of prohibition as RJD leader and coalition partner Lalu Prasad vehemently opposed it to protect his vote bank. Besides, Nitish has exposed himself to the charge of hypocrisy by allowing the manufacture of liquor in the state to continue, calling it a “legitimate business.” Having returned to power less than a year ago, the chief minister will have time to reflect on the effectiveness of his zeal for prohibition, but pressure should be brought on him to immediately to withdraw the draconian provision for arresting innocent persons.