On July 29, at the legislative party meeting of the Grand Alliance at 1 Anne Marg, Patna (official residence of the Bihar chief minister), tensions were running high. The rain had just stopped, but the air was thick with distrust and apprehensions. It was about the new prohibition Bill, which the state government had listed earlier in the day in the Assembly.
Chief Minister Nitish Kumar, along with Rashtriya Janata Dal (RJD) chief Lalu Prasad and state Congress president Ashok Chaudhary, was presiding over the joint meeting of the MLAs of the three constituent parties of the alliance. The meeting was called to formulate a strategy to counter an aggressive Bhartiya Janata Party (BJP). But MLAs, mainly from the RJD, started asking the CM to dilute the proposed law. The more the CM tried to quell their apprehensions, the louder the voices became. Some lawmakers even asked Prasad to press the government for a rollback.
Finally, Kumar snapped.
"The bill will not be diluted. I will not compromise on the matter, come what may," said a furious Kumar. Prasad intervened and assured him of full support from his party and asked his MLAs to fall in line. Earlier this week, the Bill was passed by the bicameral legislature of the state with a thumping majority, but that doesn't mean that all who voted for it actually support it.
To be a law, it requires the governor's signature and a cabinet notification. But, the Bill's "overreaching" provisions have already raised eyebrows. It says all adult members of the family of a person found consuming and/or possessing liquor in a house will also be charged and arrested. They could face a jail term of five years - and it can go up to 10 years in case of illicit liquor trade from the house.
The legislation gives the police and the excise department power to raid any premises on mere suspicion. It also shifts the burden of proof on the accused, rather than the officials. The new law will also empower the agencies to seal shops or buildings on mere suspicion of liquor trade and extern those involved in it.
It also proposes a punishment of eight-10 years in jail and a fine of up to Rs 10 lakh for anyone who facilitates and/or allows consumption or storage of liquor by others at his/her house. In case anyone is found consuming, distributing and/or storing liquor on the premises of a private entity, the owner and other senior officials will be prosecuted. Anyone who provides vehicles, utensils or any other material for manufacturing or transportation of the liquor will also be penalised.
The government has also given powers to the district magistrate (DM) to impose a fine on a village or town, if a group of people is found violating the liquor law frequently. On Tuesday, the DM of Sheikhpura sent notices to residents of Dadhi Tola, after excise department officials found it difficult to enforce prohibition in the village.
Most analysts say it will be tough for the government to implement the proposed law. The first major hurdle will be judicial scrutiny. According to lawyers and political analysts, several provisions are bound to be challenged in court. "It's drastic, extreme, arbitrary, sweeping and everything a law should not be," said a senior lawyer at Patna High Court. "The vicarious liability is alien to criminal law. Saying that the whole family is responsible for the crime committed by one member is tantamount to turning criminal jurisprudence on its head. It is more common with the proscriptions of khap panchayats than the values of the Constitution."
However, the biggest challenge for the Nitish government will be to manage widespread "dissatisfaction" in the RJD. Many in the party feel the chief minister is moving from his role of benefactor of all to that of punitive patriarch rendering feudal justice.
Many leaders close to the RJD leadership say Prasad was not consulted and the party isn't happy. Prasad, too, is not happy. "How can the police arrest my adult son if I am caught consuming liquor? One cannot expect the wife of a drunkard to run to the police to get her husband arrested," he said last month. But after Kumar's outburst at the meeting, he has been silent. Gag orders have been issued, and party leaders are anxious. "The legislation has created an atmosphere of fear among the poor," said a senior RJD leader. "People are asking us why we are supporting it and they are not at all satisfied by the 'innocents will be spared' answers," he added.
The BJP has been the most vocal. "We support the government's bid to enforce total prohibition. However, the provisions on punishment in the new Bill are disproportionate to the offence. How can the state punish a family for the crimes committed by one of its members? It's turning out to be Talibani law," said former Deputy CM Sushil Kumar Modi.
However, an adamant CM said in the Assembly. "I knew I was stirring a hornet's nest when I decided to impose prohibition. I knew that the liquor lobby and forces with vested interests would create misgivings about it. But I am not a person who backs out of his commitments. I prefer to die rather than succumb to pressure."
"As the turnaround story of Bihar is getting stale, Kumar needs something new to attract people cutting across caste, religion and state boundaries," said a senior analyst. "Alcoholism is an important issue for women, who are often the worst affected. Kumar feels it will give him widespread acceptance and recognition in national politics ahead of 2019. But it will be important to see how much and how long he succeeds in implementing prohibition in Bihar," he said.
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of www.business-standard.com or the Business Standard newspaper
