Share
The discovery of alcoholic beverages, likely accidental in pre-agricultural cultures, has historically intertwined with cultural, social, and legal factors that continue to influence contemporary societies. Nagaland, known for its deep rooted traditions and cultural heritage, currently stands at a critical juncture in the ongoing debate over alcohol prohibition.
Historical and Legal Framework of Alcohol Regulation in India
India’s legal framework for alcohol regulation dates back to the British colonial era, with the introduction of the “excise system” in 1857. This system formalised control over alcohol production and distribution, primarily to generate revenue through heavy taxation and stringent regulations. However, the high cost of legally available liquor pushed much of the population toward illicit alcohol markets a problem that endures to this day.
In Nagaland, the roots of the prohibition movement can be traced back to the early 20th century, influenced by Christian missionaries advocating temperance. This movement eventually led to the enactment of the Nagaland Liquor Total Prohibition (NLTP) Act in 1989. On one side, the Nagaland Baptist Church Council (NBCC) and other organisations support the NLTP Act, citing moral and societal reasons. Conversely, some civil society groups argue for lifting the ban, contending that it would stimulate economic growth.
The NLTP Act, passed in 1989, codified the total prohibition of liquor in Nagaland. The Act prohibits the transportation, importation, possession, sale, purchase, consumption, and manufacture of liquor within the state. By aligning with states like Bihar, Gujarat, and Mizoram, Nagaland underscores the diverse approaches to alcohol regulation across India.
Socio-Economic and Public Health Considerations
Despite a lower average alcohol consumption compared to many developed nations, India has witnessed a concerning rise in alcohol use, especially among younger populations. The per capita alcohol consumption in India increased from 2.4 liters of pure ethanol in 2005 to 5.7 liters in 2016, signalling a shift towards more hazardous drinking patterns. This trend raises significant public health concerns, with increasing incidents of alcohol-related accidents, violence, and liver disease.
Government expenditure should prioritise development, welfare, and poverty alleviation programs, considering that alcohol consumption is closely linked with socio economic status. A study published in The Hindu revealed that middle-class drinkers face a higher risk of dying from alcohol-related causes as they age compared to lower-income groups. As the middle class grows, this demographic’s vulnerability to alcohol related harm becomes more pronounced.
Moreover, the correlation between alcohol consumption and domestic violence, particularly crimes against women and children, remains troubling. The consumption of illicit and spurious liquor further exacerbates this issue, with far reaching consequences, including the empowerment of organised crime groups. According to the National Crime Records Bureau (NCRB) 2021 report, 708 incidents of illicit liquor consumption resulted in 782 deaths across the country.
Legal and Constitutional Dimensions
The NLTP Act’s Section 42 outlines the responsibilities of various officials in enforcing the prohibition. The Act mandates that officers of the State Government, local authorities, and village leaders (Gaon Bura and Assistant Gaon Bura) actively ensure compliance with the law.
Article 371A of the Indian Constitution grants Nagaland special provisions, including the preservation of Naga customary laws and practices. This raises important questions about the compatibility of liquor prohibition with traditional norms and whether state laws can override customary practices.
The Indian Constitution enshrines the right to trade and commerce, but with restrictions against trade that is harmful to society. The Supreme Court, in the case of Khoday Distilleries Ltd. v. State of Karnataka, ruled that there is “no right to carry a trade which is injurious to health,” affirming the government’s power to regulate or even ban liquor manufacturing.
Alcohol regulation in India is primarily a state matter, with “intoxicating liquors” falling under the State List in the Seventh Schedule of the Constitution. Consequently, India’s liquor policies vary widely across states. While some states, like Bihar and Nagaland, enforce complete prohibition, others regulate alcohol through permit systems designed to balance control with revenue generation.
Despite the decentralisation of alcohol regulation, the Central Government influences state policies through mechanisms such as model legislation, excise duties, and national directives. For instance, the Supreme Court’s 2017 directive banning liquor sales within 500 meters of national highways illustrates the Centre’s role in shaping alcohol related policies with national implications.
Balancing Public Health and Economic Considerations
The diverse approaches to alcohol regulation in India reflect the need to balance public health imperatives with economic considerations. While prohibition can reduce alcohol related harm, it often leads to unintended consequences like the proliferation of a black market for illicit liquor. This illegal market poses significant health risks, including fatalities from adulterated alcohol.
Public health should remain the cornerstone of alcohol policy. This involves promoting responsible consumption and implementing strict measures against illegal production and distribution. Educational campaigns targeting underage drinking and driving under the influence are essential for reducing alcohol related harms.
From an economic perspective, a nuanced approach to taxation is necessary. Higher taxes on stronger alcoholic beverages could deter excessive consumption while ensuring the viability of the legal market. However, this strategy must be carefully calibrated to avoid pushing consumers toward illegal alternatives. Technological solutions, such as ID verification systems to prevent underage sales and track and trace technologies to monitor alcohol distribution, can help curb illicit trade and ensure compliance with legal standards.
The NLTP Act, despite its well meaning intent, faces substantial hurdles in its implementation. The existences of pubs in urban areas and the pervasive availability of local wine through bakeries across Nagaland call into question the effectiveness and practicality of the law. A thorough reassessment of the Act is essential to align its goals with the realities on the ground.
At the community level, localised interventions are key. Empowering local governance structures to tailor alcohol regulation to specific cultural contexts can lead to more effective and culturally sensitive outcomes. As Nagaland navigates this debate, collaboration among government bodies, Churches, civil societies, and public health experts is crucial. A holistic policy approach must prioritise public welfare, adhering to the principle of “Salus populi suprema lex” the welfare of the people is the supreme law.
In conclusion, as the state intensifies its efforts against substance abuse, it must carefully weigh the merits and drawbacks of alcohol prohibition. A balanced evaluation of public health, economic stability, and societal values will be essential in crafting informed and effective legal measures. Whether Nagaland’s legislature will raise a toast to prohibition or pour out promises of liberation remains to be seen, but the decision must prioritise the well being of its people above all.
Keviyabei Angami
The author Keviyabei Angami, a legal trainee at the Supreme Court of India, New Delhi, expresses these views in a personal capacity.