Strict measures can’t curb liquor menace overnight,says Jamir

In the wake of the July Ahmedabad hooch tragedy,the government had brought in the amendment Bill and passed in the House. The Bill sought to amend the Bombay Prohibition Act,1949 and prescribe death sentence or imprisonment for life for the person who manufactured,kept,sold or arranged to make lattha (spurious liquor) and distributed it,and when there is death of any person by its consumption. While returning the Bill,he found the proposed provision of death sentence as “extreme”,observing that “in one of the cases,Hon’ble Supreme Court has also laid down that capital punishment should be afflicted in rarest of rare cases. Besides,death sentence is basically deprivation of life and liberty of the individual”.

In his three-page message to the Legislative Assembly,Jamir said death penalty is usually prescribed by Central Acts. (But) in this case,it is the state government which has attempted to prescribe such type of extreme punishment. It needs to be examined whether the provisions of the Bill pertaining to prescribing death sentence are within the Legislative competence of the Gujarat Legislative Assembly and whether they are ultra vires of the Constitution of India,he said.

“It is the need of the hour to curb this evil (liquor consumption) in an effective manner for the welfare and prosperity of the people through creating social awareness. This cannot be achieved overnight by prescribing stringent measures through a legislative Bill,” he said. It would be prudent for the Assembly to come out with a clearer policy on the issue and in this context,a consensus should be reached on its various components among all political parties after a thorough discussion (in the House),Jamir observed.