Bihar Assembly passes amendments in draconian prohibition law

The Bihar Legislative Assembly on Monday passed the Bihar Prohibition and Excise (Amendment) Bill, 2018, diluting certain provisions of the Bihar Prohibition and Excise Act, 2016, which were termed "draconian" by many sections of the society.

The amendments in the liquor law come more than two years after total alcohol prohibition was enforced in the state on April 5, 2016. Sources said it was a result of the backlash over the stringent provisions in the original law, which has been challenged in Supreme Court.

Bihar Chief Minister Nitish Kumar, while discussing the amendments after the tabling of the Bill in the Assembly on Monday, said, "The amendments have been brought after looking into the practical aspects of it, so that the law is not misused, the punishment is proportionate to the offence committed and no innocent person gets victimised."

The amendment not only makes non-bailable offences bailable, but waters down the punishment for first time offenders. "Any person who is caught under the influence of liquor or with alcohol bottles will have to pay a fine of Rs 50,000 or face imprisonment of up to three months. For someone who breaks the law a second time, the fine goes up to Rs 1 lakh or one year jail. However, those creating nuisance after getting drunk will not be spared," Nitish said.

Nitish said that a few people (read Opposition) were raising questions as to how the poor will be able to pay a fine of Rs 50,000. "But the prohibition law has been brought for the poor, so that they don't waste their money on liquor. Why do you want to encourage them to drink in the first place? If you are a true sympathiser of the poor, take them to de-addiction centres," he said.

The Lower House passed the amendment bill with a voice vote after the Opposition walked out of the Assembly when the Bill was tabled.

Among the other stricter provisions which have been removed is the suspension of collective fine, punishing all adult members of a family if liquor is found at their residence or any family member is caught drunk at home. The provision for seizure of property and vehicles has also been removed. "The government will make rules for under what circumstances vehicles can be seized," Nitish said.

The Leader of Opposition in Bihar Assembly, Tejashwi Prasad Yadav said, the CM could not assure the House that "home delivery" of liquor would stop after amending the laws. "Leave aside the revenue loss from prohibition, the reason why it was implemented was never fulfilled as bootlegging is on the rise in state," he said.