Strong indications are coming that the Bihar Government may affect some changes in the Bihar Prohibition and Excise Act, 2016. The Opposition and certain sections of the society have been opposing some provisions in the law calling them draconian and Talibani and pressing the Government to delete them.
An Amendment Bill is expected to be brought in the coming session of the legislature in order to remove the controversial provisions and seek the support of the Opposition for total prohibition. The session will commence from November 25 and will last till December 2.
Indications are that the provisions like community fine, charging all adult members of the family, including females where a liquor bottle is found, landlords accountable if tenants consume alcohol and sealing of the premises where liquor was consumed could be amended.
Chief Minister Nitish Kumar has been making exercise to seek opinion of people as well as the leaders of all the parties to make the law acceptable to all. First indication came when he called on Government standing counsel in the Supreme Court last fortnight. The case challenging the Act is pending in the apex court. The Government has also pleaded in the Supreme Court that all cases challenging the prohibition law should be transferred to the apex court.
At the all party meeting, leaders of most of the opposition parties were critical of the draconian provisions and demanded their withdrawal. Stressing unity on the prohibition, the CM said several suggestions have been made during his exercise and the Government was studying them. “Changes have been made in several laws. There had been amendments many times in the Constitution,” he said while giving a hint in his plans to affect some changes in the prohibition law which had been enforced on October 2. The Opposition parties were however, favoured total prohibition.
Nitish said it was heartening that all parties were in support of prohibition but they have reservation over some provisions. “But they should also suggest what can be alternative to those provisions if they want change. If constructive suggestions come we will definitely consider them,” he said and added that some strict provisions were must for the effective implementation of the Act.
Sources said that Government was seeking the opinion of the legal experts on the suggestions made at the all party meeting and before that at a meeting of 40 selected people who made their suggestions to the CM before drafting an amendment.