Hungama hai kyon barpa, thodi si jo pee li hai Daka to nahi dala, chori to nahi ki hai If noted ghazal singer Ghulam Ali visits India and comes to Bihar he would have no liberty to sing this ghazal. The Pakistani artist may not be knowing that consumption of liquor, even thodi si, is a bigger crime than theft and dacoity. More heinous than rape, abduction and murder.
Some of the provisions of the new Prohibition and Excise Act, 2016, which came into force on Sunday last, the Gandhi Jayanti day, are harsher than what contained in Bihar Excise (Amendment) Act, 2016 which was scrapped by the Patna High Court on Friday last.
Undeterred by the stinging observations of the division bench of the High Court, Chief Minister Nitish Kumar not only introduced the new legislation as per his plan on October 2 but also challenged the High Court’s order in the Supreme Court. There were rumours that people found posting on social media in support of booze would also be taken to task. This was stoutly denied by Bihar Excise Minister Abdul Jalil Mastan.
Technically only two days, September 30 and October 1, Bihar was not a dry State following the High Court’s order but peoples’ spirit could not go up as there is absolutely no wine shop in the State after April 5 total ban. Practically, only a few wine lovers were lucky enough to get a bottle during that brief period. A Government official said that his friend who came from Delhi that very day brought a couple of bottles of IMFl and they savoured it.
But even those who got the wine the enjoyment was short lived as the new legislation came into effect from Sunday which makes provision of harsher penal action for consumption or keeping a bottle and may lead to the arrest of all the adult members of the house including females.
The new law has also provided death penalty to those involved in manufacture and sale of hooch. Confiscation of property has also been provisioned.
“liquor consumption is a social stigma and prohibition will improve society,” said Nitish.
The opposition parties and the High Court had termed the stringent provisions of the Excise Act as draconian and there had been speculations that the Government might make some amendments in the new Act but as a matter of fact all the strict provisions of the old Act have been incorporated in the new law like jail term from 10 years up to life for consumption, arrest of head or in-charge of a company and all responsible persons if any employee drinks on company premises, power to any excise or police official to enter any premises at any time without warrant to inspect, search and collect samples. The court had termed these provisions draconian and tantamount to a “Police State.”
“Strict laws are essential for implementation of liquor ban,” said Nitish and added, “My campaign for prohibition is for the larger interest of the society as alcoholism is pushing the people to economic distress. liquor consumption is a social stigma and prohibition will improve society. People should go and see the post prohibition peaceful environment in villages which earlier used to present a picture of chaos, especially in the evenings.”
Only a day after the notification of the new law, it has been challenged in the Patna high court. A civil writ petition has been filed by retired Patna University professor Rai Murari seeking the new law as ultra viers. Murari is a teetotaler.