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

'Threat to farmers’ rights': New seeds Bill sparks fears of rising corporate control

By Bharat Dogra  As debate intensifies over a new seeds bill, groups working on farmers’ seed rights, seed sovereignty and rural self-reliance have raised serious concerns about the proposed legislation. To understand these anxieties, it is important to recognise a global trend: growing control of the seed sector by a handful of multinational companies. This trend risks extending corporate dominance across food and farming systems, jeopardising the livelihoods and rights of small farmers and raising serious ecological and health concerns. The pending bill must be assessed within this broader context.

Delhi Jal Board under fire as CAG finds 55% groundwater unfit for consumption

By A Representative   A Comptroller and Auditor General (CAG) of India audit report tabled in the Delhi Legislative Assembly on 7 January 2026 has revealed alarming lapses in the quality and safety of drinking water supplied by the Delhi Jal Board (DJB), raising serious public health concerns for residents of the capital. 

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Why economic war waged by US has created the situation for Iran's turmoil

By Vijay Prashad   Iran is in turmoil. Across the country, there have been protests of different magnitudes, with violence on the increase with both protesters and police finding themselves in the morgue. What began as work stoppages and inflation protests drew together a range of discontent, with women and young people frustrated with a system unable to secure their livelihood. Iran has been under prolonged economic siege and has been attacked directly by Israel and the United States not only within its borders, but across West Asia (including in its diplomatic enclaves in Syria). This economic war waged by the United States has created the situation for this turmoil, but the turmoil itself is not directed at Washington but at the government in Tehran.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

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 ...

Climate advocates face scrutiny as India expands coal dependence

By A Representative   The National Alliance for Climate and Environmental Justice (NACEJ) has strongly criticized what it described as coercive actions against climate activists Harjeet Singh and Sanjay Vashisht, following enforcement raids reportedly carried out on the basis of alleged violations of foreign exchange regulations and intelligence inputs.