Bihar govt seeks to outsource guilt; family may be arrested if a member consumes liquor at home

In a bid to clamp down on the perpetrators of liquor ban, Bihar government has apparently gone overboard with the Bihar Excise Act 2016.

On Friday, the draft of a new amendment to the Excise act was circulated in the Assembly for the lawmakers’ comments. The draft bill seeks to introduce certain stringent clauses, which includes arresting a woman even if her husband is found consuming alcohol. That the man could have consumed liquor without his wife’s knowledge or consent, doesn’t seem to be a possibility considered while drafting the bill.

Among other bizarre proposals of the bills is the clause, wherein all adult members of a family can be arrested if alcohol is consumed, sold, manufactured or even stored at a home. If the draft gets the State Assembly’s nod, it will be presumed that all adult members of a family are aware that alcohol is being consumed/ stored at the house. How will justice be delivered in a state like Bihar, where the culture of joint families and large households is common, escapes one’s imagination. It is also unclear, how the state administration plans to decide who among the family were actually complicit in the act.

Besides, as  The Times of India  reported, state officials remained tight-lipped when asked as to how can all adults be arrested and how will the children in the family will stay alone.

Taking things up a notch, another controversial provision in the draft states that a collective fine can be imposed on a village, community or town if it has repeat offenders.

The Bihar Excise Act 2016 which came in effect from April this year has outlawed sale and possession of liquor in the state, however, the current amendment seeks to give more teeth to the already stringent law. The draft bill already has Bihar cabinet’s nod. However, the BJP has called the law “draconian” and announced it will protest against such bizarre provisions.

BJP leader Sushil Kumar Modi told reporters the provision of putting all adult members above 18 years of age of a family behind the bars in case of seizure of liquor was “draconian” and his party would protest it. He further  alleged the government brought the Amendment Bill “without wider consultation with all political parties”.

Meanwhile, reports of rift within the grand alliance have also surfaced. According to  Economic Times , although Nitish Kumar’s key ally and RJD chief Lalu Yadav has denied any knowledge of such provisions, he is of the opinion that all adult members of a family cannot be arrested for the offence of one person. Lalu Yadav is also reprotedly against the ban on toddy, country made palm-liquor, which is a prime occupation of the Pasi community in Bihar. Also, according to a report in  Patrika , a Hindi news website and daily, grand alliance has a divisive array of voices on the issue. According to their report, some Congress and RJD MLAs have argued that these provisions will not only promote fear in the public but will also give rise to undue harassment by the police forces.

There are also reports of a double-standard being followed by the Nitish Kumar government. Calling the law “lopsided” Times Now reported that Nitish Kumar has also done a U-turn on the toddy ban.

The 44-page draft of Excise Amendment Bill also has stern punishment for giving illegal advertisement in support of liquor or other intoxicant. It said whosoever gives advertisement in media, which includes film and TV, or from any social platform advertises directly or obliquely about liquor or intoxicant, would face a jail term of five year or Rs 10 lakh penalty or both. It further has a provision of life sentence for those engaging minor below age of 18 year or a woman for sale, hide, transportation and distribution of intoxicant.

Various reports have also surfaced claiming that smuggling of alcohol from neighbouring states is rampant in Bihar, despite the ban. As reported in  Hindustan Times  and  Aaj Tak  state authorities continue to battle undue sale of liquor smuggled from neighbouring states like Jharkhand. Liquor trade has also become a lucrative business near the India-Nepal border, according to a report in NDTV . Therefore, it can’t be denied that the liquor ban has contributed to the consumption and sale going underground, how amid this will things pan out of the new provisions are implemented, remains to be seen.

With inputs from PTI