"GOVERNMENTS WASHING HANDS: A PLAY ON ALCOHOL POLICIES” BY - SREERANG NARAYANAN P U
"GOVERNMENTS WASHING HANDS: A PLAY ON ALCOHOL
POLICIES”
AUTHORED BY - SREERANG NARAYANAN P U
In this article we are going to
discuss about the Indian government’s role in shaping the alcohol law in the
country and the responsibility of the government towards its citizens. Through
this discussion I analyse the issues related to the uniformity of law concerning
sale and consumption of alcohol, and whether controlling these aspects effect
personal liberty of the individuals. I also critically evaluate the government’s
mindset, which appears to exploit alcohol sales for revenue at the expense of
public health. A
detailed study of each topic reveals a common factor: money. Governments seem
to prioritize financial gain over the well-being of their citizens.
The topics covered under this article
include:
*JURISPRUDENCE OF GOVERNANCE
*GST
*AGE OF CONSUMPTION
*INTER-STATE ISSUES
*ARTICLE 47 OF CONSTITUION
*ALCOHOL CONSUMPTION UNDER FUNDAMENTAL
RIGHT
INTRODUCTION
"The care of human life and
happiness and not their destruction is the only legitimate object of good
governance." [1]
Thomas Jefferson
Thomas Jefferson’s principle of
governance highlights the core duty of any government: the well-being and
happiness of its citizens. However, the government’s approach to
alcohol-related issues often contradicts this principle. In contemporary
society, alcohol consumption is seen as both a form of enjoyment and a
temporary escape from pain. The government should educate citizens that alcohol
is not a genuine source of happiness and that its relief is fleeting. Instead,
it appears that the government exploits individuals for financial gain by
promoting alcohol sales. This exploitation is evident in the lack of uniform
laws regarding the sale, state regulations, age of consumption, and control
measures of alcohol
JURISPRUDENCE
OF GOVERNANCE
“Greatest happiness to the greatest
member.”[2]
JEREMY BENTHAM
Here both Jefferson and Bentham
advocates that the core principle of good governance and for quality and smooth
administration one should consider the well-being and happiness of the citizens.
In this context we can prove that government is wrong in their administrative
ideologies by connecting the happiness and well-being of citizens to alcohol.
The health of citizens is the wealth
of the nation, and it is the fundamental duty of the government to protect it.
Various policies like insurance and vaccine subsidies are implemented, yet
prevention is better than cure. However, governments undermine public health by
selling alcohol, prioritizing revenue over the well-being of the populace. The
jurisprudence of governance requires a delicate balance between individual
freedoms and public health. Alcohol laws should reflect this balance, ensuring
that the government's primary duty to protect its citizens' health is not
compromised for financial gain.
GST
The GST law is implemented for
uniformity in the tax structure across India, eliminating the cascading effects
of taxes. However, alcohol remains outside the purview of GST[3], resulting
in local licensing fees and varied state intervention that inflate prices ending
up paying six times more than that of actual price. The government hesitates to
intervene in the state matters due to fear of losing vote share, despite the significant
revenue from alcohol sales. This lack of inclusion of alcohol in the GST
framework leads to disparities in pricing and regulation across states,
creating a fragmented market that benefits neither the consumer nor economy
effectively.
ECONOMIC
IMPLICATIONS OF EXCLUDING ALCOHOL FROM GST
Excluding alcohol from GST creates an
uneven playing field in the market, affecting both consumers and businesses.
Consumers face higher prices due to state taxes and licensing fees, while
businesses struggle with inconsistent regulations and tax burdens. This
exclusion also limits the potential revenue that could be generated through a
more streamlined tax system, which could be used to fund public health
initiatives and education programs about the dangers of alcohol consumption.
Government supporters advocates that
it will help to reduce the buying of liquor when its price is high. The graph
goes upwards till now. There is no collapse in liquor market because of the
price hike. In both economically and morally government is exploiting its
citizens and gaining financial benefits.
AGE OF
CONSUMPTION
Unity in diversity is a unique
feature of Indian constitution. While cultural or security reasons may justify
such differences. Different
states have varying laws on the legal drinking age should be uniform. For
instance, Kerala’s drinking age is 23, [4]while
in Goa and Rajasthan, it is 18. In contrast, most countries except Cambodia,
have a uniform drinking age. The inconsistency in age laws within India not
only confuses citizens but also undermines efforts to control alcohol
consumption effectively. Uniform age laws could simplify enforcement and
provide a clearer framework for education and prevention programs aimed at
young people.
PSYCHOLOGICAL
AND SOCIAL IMPACT OF VARYING AGE LAWS
Varying legal drinking ages can have
significant psychological and social impacts. [5]Young
people may perceive lower drinking ages in neighbouring states as a tacit
approval of underage drinking, leading to cross-border consumption and legal
complications. This can result in increased rates of underage drinking and its
associated risks, including accidents, health issues, and addiction. A uniform
legal drinking age could help mitigate these risks by providing a consistent
message about the appropriate age for alcohol consumption.
Here we can see that government is
not actually trying to control the liquor consumption or sale by making age differences,
its actually confusing their own citizens by not making any uniform statutory
law for consumption of alcohol. And the only aim is to find a reason to impose
fines and not for reducing its consumption.
INTER-STATE
ISSUES
The legal principle "ignorance
of the law is no excuse" applies here. States with differing liquor laws
confuse citizens and use this confusion to extract fines. For instance,
individuals consuming liquor in Jharkhand but arrested in dry Bihar face legal
consequences. Such inconsistencies highlight a lack of ethical governance and a
deliberate strategy to exploit citizens. Harmonizing alcohol laws across states
could reduce confusion, improve compliance, and foster a more equitable legal
framework.
Case Study: Inter-State Alcohol
Regulation
A case study of inter-state alcohol
regulation highlights the complexities and challenges faced by consumers and
law enforcement. For example, a traveller from a state with liberal alcohol
laws may unknowingly violate stricter laws in another state, leading to legal
repercussions and fines. [6]This
case study underscores the need for a more consistent and transparent
regulatory framework that protects citizens' rights while ensuring public
safety.
Notable Case Law
In khoday Distilleries Ltd v. State
of Karnataka 1994 the Supreme Court upheld the state’s right to prohibit the
sale and consumption of alcohol under its police powers. This case highlights
the complexities and jurisdictional conflicts that can arise from varying state
laws on alcohol. The ruling emphasized the need for a balance between state
autonomy in regulating alcohol and the broader goal of public health and safety.[7]
The governments are making the
citizens confused through non-uniformity in these laws only resulting the
citizens as convicts and insist them to pay fines but not taking any moral
approach to make them clear and to reduce or control the usage. The lack of
ethics of governance is still clearly visible.
ARTICLE 47
OF CONSTITUION
The article 47 of the Indian
constitution says about the “Duty of the state to raise the level of nutrition
and the standard of living and to improve the public health”. In this article
its clearly states that;
“The state shall endeavour to bring
about the prohibition of the consumption of alcohol except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to health”. [8]
And clause six of this article which
is the result of constitution assembly debates that DPSP is fundamental for
administration in these states give the absolute power for regulation and
restriction[9].
Some states, like Bihar, Lakshadweep,
and Nagaland, have banned alcohol in alignment with this principle. However,
many governments prioritize revenue over public health, failing to act in the
true spirit of Article 47. Implementing Article 47 in its true spirit would
require a shift in focus from revenue generation to public health, with
comprehensive policies that address the root causes of alcohol abuse and its
social consequences.
IMPLEMENTATION
CHALLENGES OF ARTICLE 47
The implementation of Article 47
faces numerous challenges, including political resistance, economic
dependencies, and social norms. Banning alcohol outright can lead to unintended
consequences, such as the rise of illegal alcohol production and distribution,
which pose additional health risks. A balanced approach that includes
education, rehabilitation programs, and strict enforcement of existing laws
could more effectively address the issues related to alcohol consumption.
ALCOHOL
CONSUMPTION UNDER FUNDAMENTAL RIGHT
Everyone is eager to know about their
rights and not about their duties. The same is happening in the case of liquor.
There are numerous cases in India seeking to include liquor under fundamental
rights. However, the Supreme Court has ruled that alcohol consumption is not a
fundamental right and states have discretionary power to regulate it. Despite
this, political and economic fears prevent governments from acting in the
public interest. The government’s reluctance to regulate alcohol consumption
stems from a fear of losing revenue and political support. Ensuring that
alcohol laws respect fundamental rights while protecting public health requires
careful legal and policy considerations.
Same is in the case of government if
the individual didn’t possess and the state carrying the monopoly in the trade
of alcohol it is a violative of article 47 of constitution. And it is the
primary duty of the state to raise the public health of the citizen.
Legal Precedents and Fundamental
Rights
Legal precedents in India and other
countries provide valuable insights into the balance between individual rights
and public health. Examining these cases can help policymakers craft laws that
uphold fundamental rights without compromising the well-being of the
population. The Khoday Distilleries case [10]and
other landmark judgments illustrate the complexities of regulating alcohol
within the framework of constitutional rights.
Revenue Generation vs. Public Health
Costs
The economic implications of alcohol
consumption extend beyond immediate revenue generation. While governments
benefit from taxes on alcohol sales, they also incur significant costs related
to healthcare, law enforcement, and social services. Alcohol-related health
issues, including liver disease, addiction, and accidents, place a considerable
burden on the healthcare system. Additionally, alcohol consumption can lead to
lost productivity, increased absenteeism, and other economic drawbacks.
The Impact of Alcohol Consumption on
the Economy
A comprehensive analysis of the
economic impact of alcohol consumption should consider both the revenue
generated and the costs incurred. Governments must weigh the short-term
financial benefits against the long-term health and economic consequences. By
prioritizing public health, governments can reduce healthcare costs, improve
productivity, and create a healthier workforce.
Political Accountability
Enforcing strict laws to prevent
alcohol-related promises in election campaigns and ensuring transparency in
political agendas is crucial. Politicians often use alcohol distribution as a
means to garner votes, undermining efforts to regulate consumption and enforce
laws effectively. By holding politicians accountable for their actions and
ensuring that alcohol regulation is not compromised for political gain,
governments can demonstrate a genuine commitment to public health.
ISSUES AND
SUGGESTIONS
Eradicating deeply rooted social
practices like alcohol consumption requires significant social and political
efforts, potentially leading to global movements. Based on my analysis, some
suggested measures include:
UNIFORMITY OF AGE: Establishing a
uniform drinking age across the country to eliminate confusion and demonstrate
the government’s concern for citizen well-being.
STATUTORY PROVISIONS: It’s a usual
scenario that people are less concerned about their rights which only exist as
moral values. Enacting statutory laws to emphasize the importance of
regulations, enabling strict enforcement and reducing judicial burden. A clear
legal framework will help in reducing the ambiguities that currently plague the
alcohol regulation system.
EMPOWERING THE EXCISE DEPARTMENT:
Granting more authority to excise departments to enforce alcohol laws
effectively. This can ensure better compliance and more stringent control over
the sale and distribution of alcohol.
AGE AWARENESS: Uniform age laws can
help prevent youth from consuming alcohol and change the perception that
alcohol is essential for enjoyment. Awareness campaigns in schools and colleges
can play a pivotal role in this regard.
LICENSING REGULATIONS: Implementing
stringent laws for licensing alcohol sales, including limiting the number of
outlets. This will help in controlling the accessibility of alcohol and thereby
reduce its consumption
POLITICAL ACCOUNTABILITY: Enforcing
strict laws to prevent alcohol-related promises in election campaigns and
ensuring transparency in political agendas. Politicians should be held
accountable for using alcohol as a tool for vote bank politics.
IMPLEMENTATION
STRATEGIES
Implementing these measures requires
a multi-faceted approach. Here are some concise strategies:
HEALTH GOVERNANCE: How society and
the government work together to accomplish shared goals and concentrate on
health-related issues and determinants; how it views and approaches the
governance of the health system, fortifying it and emphasizing the need for
health cooperation; and how other sectors (private, public, and private) are
evolving to attain good governance in the health system. As a result, the focus
of health system changes and its governance mechanisms is on accurately serving
applicants' needs through hospitals and health service providers. Health
governance is a term used by society to describe the assessment of the
contribution that laws, rules, and policies make to preserving and enhancing
community health.
PUBLIC EDUCATION CAMPAIGNS: Campaigns
focusing on the health risks associated with alcohol, the legal implications of
underage drinking, and the benefits of abstaining or drinking responsibly. For
example, New Zealand's "Alcohol – Think Again" [11]campaign
effectively used media to communicate the dangers of binge drinking and its
impact on mental health.
COMMUNITY INVOLVEMENT: Involving
local leaders, healthcare providers, and educators to develop
community-specific strategies to reduce alcohol consumption. Programs in rural
Australia have successfully reduced alcohol-related harm by involving local
residents in the creation and enforcement of alcohol policies.[12]
INTERNATIONAL COLLABORATION: Learning
from other countries' successes and failures in alcohol policy implementation.
For instance, the Nordic countries have implemented strict alcohol policies,
including high taxes and limited availability, which have successfully reduced
alcohol consumption and related harms.[13]
GLOBAL VIEW AND EFOORTS
Many countries have uniform alcohol
laws. For example, Scandinavian countries limit liquor shop hours (till 3.pm) the
UK permits alcohol consumption by minors in private but enforces a uniform
purchase age of 18.
Finland differentiates between lower
and higher concentration drinks based on age. (less concentrated drinks for 18
years of age youth and high concentrated for above 21 years of age.)
The US saw significant control
through the VOLSTEAD ACT[14], despite
its eventual repeal due to political and economic pressures. The global
perspective on alcohol regulation shows that consistent laws and effective
control measures can significantly impact consumption patterns. While some
countries adopt stringent measures to curb alcohol consumption, others maintain
relaxed laws, reflecting varied approaches to governance and public health.
COMPARATIVE
ANALYSIS OF GLOBAL ALCOHOL POLICIES
A comparative analysis of global
alcohol policies can provide valuable insights into the effectiveness of
different regulatory approaches. For instance, Scandinavian countries have
successfully reduced alcohol consumption through strict regulations and limited
availability, while countries with more liberal policies face higher rates of
alcohol-related issues. This analysis can inform the development of more
effective and context-specific policies in India.
In Sweden, for instance, the
government operates a monopoly on the sale of alcohol through Systembolaget,
which strictly regulates the availability and pricing of alcohol[15].
This approach has been effective in reducing alcohol-related harm. In contrast,
countries with more liberal alcohol policies, such as the United Kingdom, face
higher rates of alcohol-related health issues and social problems. [16]By
studying these examples, India can develop a balanced approach that reduces
alcohol consumption while respecting individual freedoms.
ANALYSIS
Jefferson’s and Bentham’s theories of
good governance and the greatest happiness emphasize the well-being of
citizens. However, the government’s focus on economic gain through alcohol
sales undermines public health and happiness. A nation of unhealthy citizens
cannot sustain economic growth, making it imperative to prioritize public
health over revenue. The conflicting priorities between economic benefits from
alcohol sales and the public health risks they pose highlight a critical
governance issue. Governments must balance revenue generation with the moral
responsibility of ensuring citizens’ well-being.
The long-term implications of current
alcohol policies include potential increases in healthcare costs, social
instability, and decreased productivity. By prioritizing public health over
short-term revenue gains, governments can create a more sustainable and
prosperous future. This requires a comprehensive approach that includes
prevention, treatment, and rehabilitation programs, as well as strict
enforcement of existing laws.
It’s time to educate the citizens that
government is the actual trouble maker and making money by selling us. The morality
lies in the government is no more and the one who has a job that is taking care
of citizens is no more fit for that role.
PREVENTION
PROGRAMS
Prevention programs should focus on
reducing the initiation of alcohol use, particularly among young people. These
programs can include school-based education, parental involvement, and
community outreach. For example, the "Too Smart to Start" initiative
in the United States targets middle school students and their families with
information about the risks of underage drinking and strategies to avoid peer
pressure.[17]
TREATMENT
AND REHABILITATION
Treatment and rehabilitation programs
are essential for individuals struggling with alcohol addiction. These programs
should provide medical, psychological, and social support to help individuals
recover from addiction and reintegrate into society. Norway's integrated
approach to alcohol addiction treatment, which includes medical care, counselling
and social services, has been effective in reducing relapse rates and improving
long-term recovery outcomes.[18]
STRICT
ENFORCEMENT OF EXISTING LAWS
Strict enforcement of existing
alcohol laws is crucial for reducing alcohol-related harm. This includes
ensuring that underage drinking laws are enforced, penalizing establishments
that sell alcohol to minors, and conducting regular inspections of licensed
premises. Singapore's strict enforcement of alcohol laws, including heavy fines
and suspension of licenses for violations, has been effective in maintaining
low levels of alcohol-related problems.
CONCLUSION
India has codified laws for marriage
and voting age but lacks uniform alcohol laws and effective control measures.
It is time to educate citizens about the government’s misplaced priorities and
advocate for uniform laws and statutory regulations to curb alcohol
consumption. A collective effort can lead to a dry nation, supported by
responsible governance. Governments must recognize the long-term benefits of a
healthier population over short-term financial gains. By implementing
consistent and effective alcohol laws, the government can demonstrate its
commitment to the well-being of its citizens, ultimately leading to a more
prosperous and healthy nation.
[1] To the Republican Citizens of
Washington County, Maryland" (March 31, 1809)
[2] 'A Fragment on Government' (1776)
[4] Kerala excise manual volume3
[6] Satvinder Singh Saluja v State of
Bihar 2019
[7] Khoday Distilleries Ltd vs State
Of Karnataka on 19 October, 1994
1995 SCC (1) 574, JT 1994 (6) 588
[10] Khoday Distilleries Ltd vs State
Of Karnataka on 19 October, 1994,
1995 SCC (1) 574, JT 1994 (6) 588