Bihar Assembly clears diluted prohibition law

The major changes are:

– No mandatory jail term for first-time offence in case of consumption of liquor. If found drunk or drinking for the first time, the person will have to pay a fine of Rs 50,000 or serve a three-month jail term. But for the subsequent offence, the person can get a jail term of one-five years and a fine of Rs 1 lakh.

– A habitual drinker can no longer be externed from his district for two-six months. This provision was criticised by Opposition parties and legal experts, who said the move would put additional burden on the police of the district where the person is sent.

– The provision allowing arrest of all adult members of a family in case one of them is found to be drinking or storing liquor in the house has also been scrapped. The RJD had called this the most draconian clause, saying the entire family would be harassed on the basis of speculation.

– No confiscation of house or vehicle from where liquor is seized. But buildings, shops, land, hotels, restaurants can be seized in case they are found to be storing liquor.

– The penal provision for first-time offenders who store, manufacture or sell liquor has also been watered down from the existing 10-year jail term and Rs 10 lakh fine to five-year jail term and Rs 1 lakh fine.

– The fine on an entire community in case liquor is found to be frequently manufactured and sold in a particular area has also been scrapped. Instead, only the offenders will be booked. There is, however, no relaxation in the case of bootleggers.

Chief Minister Nitish Kumar said the law had been brought in public interest, after the consensus of all political parties. The Bill was passed amid a walkout by the Opposition. It is expected to be tabled in the Legislative Council on Tuesday.

Earlier, the state government had conducted an unofficial survey of the caste-wise break-up of people jailed under the law, which showed that 87 per cent were Scheduled Castes and OBCs. The Indian Express reported in May that SCs, OBCs and EBCs faced the brunt of the government’s crackdown. Their share of inmate population in the eight central, 32 district and 17 sub-jails across Bihar, after they were arrested for violating prohibition laws since April 2016, far outstripped their share in the state’s population.