Liquor Prohibition Law in Bihar fails poor, promotes smuggling, says Patna HC

The Patna High Court has issued a strong critique of Bihar’s liquor prohibition law, asserting that the 2016 legislation has done more harm than good, particularly for the state’s poorer population. This rebuke came while the court was reviewing a demotion order against police inspector Mukesh Kumar Paswan, who challenged disciplinary action taken after alcohol was seized in his jurisdiction. Justice Purnendu Singh noted that the law has inadvertently fueled a rise in illegal smuggling, benefiting law enforcement officers while burdening the economically vulnerable.

According to the court’s ruling, the Bihar Prohibition and Excise Act, 2016, was introduced with the intention of promoting public health and improving the quality of life. However, Justice Singh observed that the law has strayed from its goals, saying it has only exacerbated the plight of the poor by creating new avenues for corruption and smuggling. The decision, delivered on October 29 and later uploaded to the court’s website on November 13, was in response to a petition filed by inspector Paswan, who argued that his demotion was unjust.

The court underscored that the law has become a source of income for officials in various departments, including the police, excise, commercial tax, and transport departments. “These officials welcome the liquor ban as it brings them financial benefit,” Justice Singh stated, further noting that the law primarily affects small-scale offenders and alcohol consumers rather than those orchestrating smuggling operations. “The prohibition law has, unfortunately, become a burden on the poor, leading to frequent arrests and penalties against them.”

Justice Singh went on to highlight a concerning trend: a reported collusion between the police and liquor smugglers. According to the court, the stringent measures of the prohibition law have led to the development of new tactics and smuggling routes, often with the tacit support of law enforcement officials. This, the court said, makes it easier for organized smuggling rings to evade the law, leaving small offenders, who are often poor, as the main targets of police action.

The incident involving Paswan, the petitioner, shed further light on these issues. Paswan, who was serving as the Station House Officer at Patna Bypass Police Station, faced suspension after state excise officers seized foreign liquor around 500 meters from his station. Paswan contended that the disciplinary action was part of a general government directive that mandates punitive measures against officers in jurisdictions where alcohol is recovered.

The court found that the demotion order was predetermined, with the disciplinary inquiry merely formal. Justice Singh ruled in Paswan’s favor, overturning both the demotion and the departmental proceedings against him. The judgment emphasizes the need to reassess the current prohibition policy, as it appears to have become a liability for the poorer population while facilitating unethical practices within law enforcement.

This judgment has intensified discussions around Bihar’s prohibition policy, which has come under increasing criticism for its social and economic impact. As concerns rise over the law's unintended consequences, many hope that the state government will consider reforms to ensure that the law achieves its intended purpose without exploiting the vulnerable.