PROHIBITION ON LIQUOR BY BIHAR GOVERNMENT
Recently, Bihar Government decided to use drones in order to monitor illegal liquor manufacturing. The Bihar Government again trying to impose stringent law in order to prohibit the use of alcohol for intoxication in the state. The Constitution of India under Article 47 provides that state shall undertake rules to bring about prohibition of the consumption except for the medicinal purpose of the intoxicating drinks & drugs which are injuries to health. Alcohol is a state subject under Schedule 7 of the Indian Constitution that allow state to make laws regarding the use of alcohol but the law made by parliament over the state subject shall prevail over the state law. The action of Bihar Government over the use of drone to trace the illegal manufacturing to liquor raises argument against the order that this order will infringe the individual right to privacy that allow a person right to choose the kind of food and drink they want to eat. The action of the government leads to the loss of revenue that has been generated by imposing tax on liquor through which government fund welfare schemes that run for the public at large. The liquor production factories provide employment to the people in the rural area who are unable to earn their daily livelihood.
The argument not only against but also in favour of the order. The order will impact on livelihood and reduce the incidence of violence especially domestic violence. In a survey, it was found that most of the cases of domestic violence has been occurred after the man of the house got drunk and got into heated argument with the women and children in the house. This will also discourage the consumption of liquor in the state as it is illegal and against the law.
It is not the first time when a state government impose strict measure in order to prohibit the use of liquor. Bombay Abkari Act, 1878 was the first act that was imposed with the aim to prohibit alcohol as a intoxicant except for medicinal use. This act has been imposed to punish those who are found using liquor in the state. This act has the provision for imposing fine on the offender. Gujarat Prohibition Act, 1949 that prohibit the illegal use of liquor in the state of Gujarat. Earlier Bihar passed Bihar Prohibition act, 2016 that imposed ban on the illegal use of Liquor in the state of Bihar, people are not allowed to consume alcohol for intoxication. The act only allow alcohol for medicinal purposes.
The action of the Bihar Government will leads to the some sort of issues as we have seen in the argument against the government order. The law maker should be cautious about such issues before implementing the order. The order will surely help the state but it will also create problem to the certain class of people. The government should also aware about the age factor that no person under the age of 18 shall allowed to consume liquor. I hope Bihar government will take action keeping in mind the best interest of the people in the state.
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