The Nagaland Liquor Total Prohibition Act of 1989, which received governor assent on 13th April 1990 and come into force on 24th April 1990 was introduced by Dr. S.C. Jamir.
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The Nagaland Liquor Total Prohibition Act of 1989, which received governor assent on 13th April 1990 and come into force on 24th April 1990, was introduced during the chief ministership of Dr. S.C. Jamir.
Rooted in the principles of public welfare and guided by Article 47 of the Constitution of India under DPSP, which placed duty on the state to improve public health by prohibiting the consumption of intoxicating drinks that are harmful to health. The act sought to alleviate social problems that were perpetuated under the influence of alcohol such as domestic violence, breakdown of families, financial hardships incurred through excessive drinking, accident, and protecting society from harmful alcohol effects.
Initially, the act was welcomed and lauded by all sections of people as the act intended to safeguard the society and most importantly it aligned with the Christian values and principles.
It is true that when NLTP was implemented, there was a widespread belief that alcohol-related violence would significantly decline. However, the contemporary realities presents more complex picture.
Despite the 36 years of prohibition on alcohol, incidents of alcohol-related violence are often a dime a dozen.
Despite proclaiming that Nagaland is a dry state and although selling of liquor is prohibited within the state, even underage children below the age of 18 can easily access to liquor as many illegal liquor shops are operating in every nook and corner, and in some places, one can find illicit liquor shops just next to the police station.
Simply selling of illegal alcohol is not the only problem but the danger it poses to our health, as most of these shops sell spurious and adulterated alcohol.
It is important to remember that the original intent behind the act was strongly advocated by civil bodies, such as Naga Mothers’ Association with the conviction that it will protect women’s dignity and ensure their safety, but ironically, most of the liquor shops in the state are operated by women themselves.
Article 31 of NLTP Act of 1989 says: "Every person who owns or occupies any land or building or who is a landlord shall be bound to give immediate information to Prohibition Officer or to a police officer".
Furthermore, Article 42 of the same Act directs every officer of the state government and every officer or servant of a local authority and the Gaon Burrah or Assistant Gaon Burrah of a village to give immediate information to the nearest police station or to any officer or person authorised or to take all reasonable measures in their power.
Despite all this rules and laws, majority of the people hardly or never report such matters to law enforcement agencies. However, instead of reporting the matter to the authority, many lease out their properties to individuals, who in turn use it sell to spurious drinks.
This makes us question: Has the problem been solved or the Act just exist on paper?
If the government of the day really care for the safety and the wellbeing of the common people, it must reform the existing Act through a proper mechanism to address the menace.
(1) Upgrade enforcement mechanism: Additional security personnel must be deployed at various check points to ensure regular checking of vehicle coming from outside of state. Transparent reporting system must be incorporated and coordination between police, excise and local authorities must be improved.
(2) Enhanced punishment: Perpetrators must be dealt with severely according to the rules enshrined in the Act. Furthermore, the sellers must be strictly penalised according to the law; if there are no sellers there will be no buyers.
(3) Campaigns and awareness: Public must be made aware about the Act through local seminars and awareness programme. Village councils and Gaon Burrah (local authority) must be made aware about their duties and rights and awareness about danger of excessive drinking and consumption must be made known.
(4) Alternative livelihood opportunity: A large number of individuals, particularly women, are engaged in these activities because of economic necessity to sustain their families. Therefore, government must focus on skill development initiatives, promote Self Help Groups (SHGs) and provide opportunities such as handicraft, agriculture and small scale industries.
(5) Tackling corruption: Despite enforcement of the Act, there is rampant sell of spurious and adulterated illegal liquor in the black market, which is a direct consequence of weak enforcement and corruption within the system. Therefore, the law enforcement agencies must be strengthened to address this. Government servants and officials perpetuating the law must be strictly penalised.
(6) Collective efforts: Placing the responsibility solely on law enforcement and government is one of the major reasons for the failure of the Act. The public--CSOs, student bodies and church leaders--should play a crucial role in addressing this challenge.
Policy can be successful only when society co-operates.
It is argued that lifting the controversial NLTP Act would generate huge revenue for the state economy, but the question is: can it compensate for the damage caused by legalisation of alcohol? The damage such a move could inflict on our society and our healthcare system could be immense, especially at a time when our state is grappling with poor healthcare facilities.
Mughakivi K Chophy
Political Science student (BA 6th Sem)