The Nagaland Liquor Total Prohibition Act 1989

”THE DEAD ELEPHANT”
This year also, it is budget season time, and a few questions may be asked from the benches on the Nagaland Liquor Total Prohibition Act 1989. This is pertinent. It is like a dead elephant, which died immediately following its capture from the wild, with the hope to help its master. It died of starvation because the people for whom it was brought were hostile towards it. It has benefited /fattened only the vultures of the sky, the reptiles and a host of scavengers. What remain now are the bones strewn here and there. Post mortem will also reveal the negligence and inefficient of the mahouts and the location is unfortunately a small island. Let us also go down the memory lane to the years preceding the almost revolutionary movements lead by the church leaders and other NGO’S to bring the Liquor Total Prohibition laws in our state. There were mushrooming of licensed wholesale ware houses and retail vends were like the pan shops. Too much liquors were made available on easy reaches.

ALCOHOLIC LIQUOR REIGNED
A substantial number of people were involved in the business of liquor in delivering to its ever thirsty customers all over the state. The trade involved the most powerful and high profile people and it was seen as one of the most attractive and profitable. As a result all the ills associated with alcohol invaded lives of the people at the cost of peace health and economics.

POLICY
The government of the of the days in the state for the last many years have faced conflicting pulls and pressures on the question to lift the total prohibition in the state  or to continue with the Act. it is a very complex issue as it concerns alcoholic beverages and it involves social, economics and  ideological dimensions. We are actually in a dilemma. To put the whole policy in perspective and to provide measures for the success of excise policy in the state:
The following may be considered relevant in Nagaland today.
For prohibition- the fundamental issue is about whether it is correct to raise money for the government from the sale of alcoholic products that are known to be harmful to the individual and the society. The issue is both ethical and socio-economics. In addition to the loss of welfare, government will finally have to spend much more on health, accident, crimes, law and order and social security payments than the revenue that it gets out of tax on alcoholic products. It is said that alcohol causes death as much as measles and malaria and causes loss of far more years of life than tobacco and drugs. It is a slow poison. The case for prohibition is thus not just the demand of the moralist, but a much urgent modern 21st century realisation of a current and real threat in view of the increasing globalization.
Legal view- the Indian constitution under Directive Principles of State Policy enshrines that the state shall endeavour to bring about total prohibition of the consumption of intoxicating   drinks and of drugs, which are injurious to public health. It clearly shows that is not only unethical, uneconomic or unhealthy but also unconstitutional.
For revenue- in spite of the arguments above for the prohibitions on grounds of strong unethical, economic social and public health. Liquor has the potential of a significant source of revenue especially for state like Nagaland. A resource starved state for development activities. It is also argued that foregoing revenue from alcohol does not change the behaviour of the people, who continue to procure and consume it through illegal channels. The result of prohibition in the state is the emergence of a thriving black market and other attendant illegal activities. It has failed in Andhra Pradesh, Rajasthan, Haryana, etc. it failed in the US in 1920’s.
Taxation on liquor- it provides the government with revenue and also  raises the selling price significantly. For example, in the pre prohibition days in Nagaland, the production cost of one bottle of Black Bull rum was around Rs 10 only. Government levied about Rs 20 as excise duty and sale tax etc. Which was priced around Rs 35 in the retail vend. Thus by making the liquor costlier by high rates of duties, the intended effect of discouraging consumption can be achieved. It will also effectively regulate and monitor the production and sale of alcohol.
Freedom of choice- a strong argument against the prohibition is the individual’s freedom of choice. People do many things harmful to themselves and their family’s health and economic well beings viz. Risky pursuits, eating junk foods. In a society the state does not decide what a  person should do or not do, so long his acts do not  harm others and he fulfils his responsibilities towards his dependents. A person could drink responsibly.
In spite of the argument in support of the prohibition, it is not a viable policy. As it failed in Nagaland, the records of the last twenty years are laid bare before everyone’s eyes as it has been elsewhere. It has created a class of people who are far above others by amassing wealth through boot leggings. It has created a substantial number of the population of the state as offenders and law breakers for drinking and selling, which is bad for the society. Most of the liquor available are sub standard and unhealthy, but people drink whatever is available in the black-market. We are still burying liquor victims of young people almost every day and the empty bottles collections are growing by the days, by scrap collectors {Loha-dina wallas}. It is like a little island in the Pacific Ocean to maintain a dry state in Nagaland, whose shores are constantly washed by the tidal waves. I think it is high time to review this Act and bring up appropriate legislations to regulate the consumption of liquor by adopting suitable rules so as to control and regulate the  supply more rationalistically and realise revenue by adopting dynamic price mechanism that would discourage drinking by regulating prices and blocking black markets. Since the mid-eighties liquor overflowed Nagaland and the result was a terrible law and order situation prevailed even in the villages. Elderly people and women folk were scared to come out on the streets for there were too many brawlers of drunken people, when evening time comes. The situation was worsening day by day, which had prompted the organisation particularly the Mothers organised against the menace. They raided place and impose road frisking on vehicular traffics. The prevailing situation compelled their actions and the people accepted it as such. It culminated into bringing the liquor total Prohibition Acts 1989 and Nagaland became a Dry state. Perhaps people thought that armed with the Act. Anybody can enforce it , and continued checking and frisking of travellers and vehicular traffic  continues to this day. The report of such checkings   as reported in Nagaland Post on 21st march 2011 is just one of many incidents on the road between Tizit and Mon. The intentions maybe for the good of the society, but the incidents are not pleasant at all. People have experienced many such heavy handed checking without any regard for respect and decency, as if the passengers of the buses are criminals.
It has become a habit in Nagaland for people to take the law into their own hands which is illegal. The violation of liquor acts and rules are considered as offences only and penalised as such only. But by taking the law into their own hands, these vigilantes should be considered as no better than criminals in the eyes of the State.
It is time we realistically consider all the pressing issues like the rampant corruption in our election system, development efforts and the liquor prohibition dilemma for over all benefit to the citizens of Nagaland.
A. Chujang Lkr, Dimapur



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