Liquor ban in India

The topic of alcohol bans in India is multifaceted, reflecting a balance between health concerns and economic considerations. While states like Bihar, Mizoram, and Nagaland enforce bans, recent actions in Manipur and Gujarat have seen bans lifted. Proponents of alcohol bans emphasise health benefits, social welfare, and cultural alignment with Gandhian ideals, advocating for reduced alcohol-related harm and adherence to principles discouraging alcohol consumption. On the other hand, critics argue against alcohol bans due to potential economic loss and challenges in implementation and enforcement, including corruption and illicit production. Moving forward, a comprehensive approach is imperative, encompassing evidence-based policymaking, harm reduction strategies, regulatory reforms, and multi-stakeholder engagement.

Alcohol-related Provisions in the Indian Constitution

• Article 47 One of the Directive Principles of State Policy (DPSP) mentions that “in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
• The 7th Schedule of the Constitution Alcohol is a state subject, i.e. they have the right and responsibility to draft laws regarding it, including “the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors.

The topic of an alcohol ban in India is complex and contentious, with various perspectives on its pros and cons.

Recent Development about Liquor in Indian States

• Manipur: In December 2023 , the Government lifted the ban after 30 years
• Gujarat: In January 2024 , Gujarat Government lifted liquor ban In GIFT City
• Liquor ban exists in the states of Bihar, Mizoram, and Nagaland while partial bans exist in Lakshadweep and Gujarat.
• Uttar Pradesh's excise revenue has nearly tripled in the past six years, contributing ₹42,000 crore to the state's revenue in 2022-23 compared to ₹14,273.33 crore collected in 2016-2017

• Health Benefits: Proponents argue that an alcohol ban could lead to improved public health outcomes by reducing alcohol-related illnesses, accidents, and deaths. This includes a decrease in alcohol-related diseases such as liver cirrhosis and a potential reduction in alcohol addiction rates.
• Social Welfare: Supporters believe that banning alcohol could mitigate social issues associated with alcohol abuse, such as domestic violence, crime rates, and family disruption. It may also lead to safer communities and improved overall well-being.
• Cultural and Religious Considerations: In a country like India with diverse cultural and religious beliefs, some groups advocate for an alcohol ban based on cultural or religious principles that discourage alcohol consumption.
• Gandhian ideals: Article 47 expressly mandates the State to discourage liquor consumption.

• Economic Impact: Critics argue that an alcohol ban could have significant negative economic consequences, including loss of tax revenue for the state governments who are increasingly relying on the liquor policy to boost their revenue post the GST era ( Goods and Services Tax)
• Fatal Consequences
  • Consuming illicitly produced local liquor results in fatalities.
  • For instance, Bihar has unfortunately experienced several hooch tragedies over the years.
• Organised Crime & Money Laundering
  • Organized crime networks take advantage of the persistent demand for alcohol by creating black markets,
• Personal Freedoms: Opponents assert that banning alcohol infringes upon personal freedoms and individual rights to consume alcohol responsibly. They argue that adults should have the right to make their own choices regarding alcohol consumption, as long as it does not harm others.
• Enforcement Challenges: Implementing and enforcing an alcohol ban could pose significant challenges for law enforcement agencies. It may lead to increased corruption, smuggling, and illicit alcohol production, making it difficult to control the flow of alcohol entirely.
• Burdens the Judiciary: it increases the burden on law enforcement and judicial systems dealing with alcohol-related crimes. For instance , as of 2023 , 4.7 lakh cases are pending under the Bihar Prohibition and Excise Act, 2016.
• Disproportionate impact on the poor: Prohibition disproportionately impacts the less affluent segments of society, as the upper classes can still afford to purchase expensive and safer alcohol. In Bihar, a majority of the cases registered under its prohibition laws are linked to the consumption of illicit or low-quality liquor

Progressing with alcohol regulation in India demands a comprehensive strategy that carefully weighs a range of factors. Firstly, policymakers should prioritize evidence-based policymaking by conducting thorough studies to assess the potential impacts of any proposed alcohol ban on public health, the economy, society, and culture. Secondly, implementing harm reduction strategies is essential to address alcohol-related issues effectively. This includes initiatives such as public awareness campaigns, stricter regulations on alcohol sales and advertising, and improved access to addiction treatment and support services. Thirdly, regulatory reforms are crucial to strengthen alcohol regulation and enforcement mechanisms. This involves measures like stricter licensing requirements, monitoring of illicit alcohol production, and imposing penalties for violations. Lastly, multi stakeholder engagement is vital for fostering dialogue and collaboration among government agencies, healthcare professionals, civil society organizations, industry stakeholders, and communities. By adopting a balanced and evidence-informed approach, policymakers can navigate the complexities of alcohol regulation while promoting public health, economic prosperity, individual freedoms, and cultural diversity