Skip to main content

Nitish Kumar-Medha Patkar prohibition campaign fails to address social reform need, may "criminalize" social drinkers

Medha Patkar with Nitish Kumar
Counterview Desk
Even as well-known social activist Medha Patkar's Narmada Bachao Andolan (NBA) is running a full-blown anti-liquor campaign in the Narmada valley, eliciting the support of Bihar chief minister Nitish Kumar (click HERE), at least two of her top supports, both activist-experts, have suggested that there is something fundamentally wrong with the new prohibition fad which has gripped parts of India.
Writer-activist Nandini Oza, who has been associated with the anti-Narmada dam campaign of NBA, has particularly taken strong exception to Bihar’s anti-liquor Prohibition and Excise Act, 2016, considered by Patkar-inspired Nasha Mukti Bharat Andolan as saying it “ideal for the country”, saying, its severe punitive actions are “draconian.”
Writing in her blog, Oza says, “In a society, to consider substance abuse by an individual as a grievous criminal offence punishable by long imprisonment will be detrimental to both the individual as well as the society at large. This fact is well established by social work research and studies.”
Pointing to how the Bihar law is being pushed not only by the Government in Bihar, but also by “a number of leading social movements”, promoting it as a “model law that should be implemented across the entire country”, Oza refers to “serious issues with the law” which were struck down by the Patna High Court on September 30 as it would “bring in a virtual police-raj in the state.”
"The new law which was notified after this High Court judgement, unfortunately, has similar draconian provisions”, regrets Oza, “By studying carefully the Act and the judgement of the Bihar High Court on the Act, one feels that a whole community, the whole family including women and children, already aggrieved by a substance abuser in the family, could be further punishable under this Act.”
Oza insists, “Social awareness, social support and social as well as economic reform measures are required to check socially undesirable behaviour relating to addiction and substance abuse, rather than severe punitive actions aimed at the addict.”
According to Oza, who happens to hail from a state where prohibition was long implemented, Gujarat, the punishments “for possession, consumption, storage or transportation of even small quantity of alcohol” under the law have “no scope whatsoever for warning, correction, mitigation, reformation, rehabilitation and probation of an addict or a person in possession of alcohol or other intoxicating substances.”
“Along with the addicts, it criminalizes social drinkers as well”, she points out, adding, “Worse still, it has the scope of considering the family of an addict criminal, too, with strict punishments! It has severe provisions like arrest without warrant, confiscation of premises, sealing of premises, etc. where any crime under this act is said to have been committed.”
“Furthermore”, she says, “It has the provision of collective fine for the 'wrong doing' of individual/ individuals in an area and the whole community living there could be held responsible for repeat offenses under the act. Besides, a lot of powers are given to the collector and even the police.”
“It is important to note that after the enforcement of this Act, twelve people have died after drinking spurious alcohol in Gopalganj, Bihar”, says Oza, adding, “A very large number of people, around thirteen thousand including women have already been jailed in the State of Bihar.”
Referring to Oza's blog, another top Patkar protagonist, Shripad Dharmadhikary, who heads Manthan Adhyayan Kendra in Badwani, Madhya Pradesh, says there is enough reason for a “review” of the Bihar law, adding, “While the debate on prohibition (of liquor) as a way to address the social evils of drinking is an old one, the recent law enacted by Bihar brings a new urgency to the debate.”
He further says, “On one hand, the law has draconian provisions of punishment and unbridled powers to the state apparatus; on the other hand, leading social movements are supporting it, even arguing that this be the model for the rest of the country. This is clearly a cause for concern.”

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat*  The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative   A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.

Ahmedabad's Sabarmati riverfront under scrutiny after Subhash Bridge damage

By Rosamma Thomas*  Large cracks have appeared on Subhash Bridge across the Sabarmati in Ahmedabad, close to the Gandhi Ashram . Built in 1973, this bridge, named after Subhash Chandra Bose , connects the eastern and western parts of the city and is located close to major commercial areas. The four-lane bridge has sidewalks for pedestrians, and is vital for access to Ashram Road , Ellis Bridge , Gandhinagar and the Sabarmati Railway Station .

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

No action yet on complaint over assault on lawyer during Tirunelveli public hearing

By A Representative   A day after a detailed complaint was filed seeking disciplinary action against ten lawyers in Tirunelveli for allegedly assaulting human rights lawyer Dr. V. Suresh, no action has yet been taken by the Bar Council of Tamil Nadu and Puducherry, according to the People’s Union for Civil Liberties (PUCL).

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra   There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

Myanmar prepares for elections widely seen as a junta-controlled exercise

By Nava Thakuria*  Trouble-torn Myanmar (also known as Burma or Brahmadesh) is preparing for three-phase national elections starting on 28 December 2025, with results expected in January 2026. Several political parties—primarily proxies of the Burmese military junta—are participating, while Aung San Suu Kyi’s National League for Democracy (NLD) remains banned. Observers expect a one-sided contest where junta-backed candidates are likely to dominate.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...