Friday, January 21, 2011

The most drunken State in India

Musings on Article 47, Prohibition and Trade in liquor by State
10.01.2010
Justice VR Krishna Iyer
The most drunken State in India is Kerala, each year aggrandising consumption of liquor. The State benefits by its monopolistic business of the beverages corporation. It gains reverence, gives jobs and makes the young ones taste the rare delight of drink. To set the record straight, we must state, right here, that no frontal attack is made on the power of the State to regulate any trade (even a trade where the turn-over turns on tempting the customer to take reeling rolling trips into the realm of the jocose, lachrymose and comatose). Who is the ultimate criminal? The State which generates, grants licenses, rarely investigates and violates the fundamental right of the citizen to have travel, associative friendly and live in fraternity? Why do Marxist Governments bankrupt its workers and peasants by club’s easy licenses?

Kerala in monopolizing manufacture of beverages is in good company of Tamil Nadu State which not only manufactures but vends liquor as a monopoly. No one will dismiss the Government for violating Article 47 of the Constitution because the centre depends for its survival on the Tamil Nadu ruling party. It is fair to note that Tamil Nadu is selling life’s essentials through ration shops at half the market price effectively. So the poor can live through this measure. Kerala alcoholism and market prices go without control!!

President Pratibha Patil said at a large public meeting that Kerala is plagued by alcoholism. I would add - the State will perish by alcoholism, Marxism, free from the plague of alcoholism will survive the Marxists unless they are allergic to intoxicating liquor and ideas.

Alcoholism is an unmitigated evil and if it becomes habitual, plural pathological consequences follow and no pharmacopoeia is yet available whereby alcoholism can become innocent. Criminals and goondas with violent habits have a vested interest in liquor and now our Governments have become dealers in alcohol which is becoming a State-run big business. The one politician above and against this vice was Morarji Desai who introduced dry days on wage payment days and on festivals. Recently, the Collector of Calicut on the eve of a big festival stopped sale of alcohol in all liquor shops and this proved successful and peaceful to the people of the city. Within a few days the Collector was transferred as his action went against the abkari revenue of the State.

This terrible curse has ruined the nation and Morarji’s wisdom must be enforced as sternly as he did particularly vis a vis judges and higher bureaucrats. Wedding celebrations and religious festivals, Diwali and Onam should be declared dry days. So far as liquor consumption is concerned the centre if it believes in the Constitution (Article 47) should force the State to practice prohibition. It can succeed as Rajaji and Omandur Madras State did and Gujarat does. Political parties in their election manifestoes must seriously promise dry days to save the working class and domestic peace. Alcoholism is a national enemy and our import policy must ban foreign liquors. Before every crime, terrorism and every festival we can trace consumption of alcohol. All great men were free from alcoholism from Bernard Shaw to Mahatma Gandhi - from Vedanta to Islam and every faith which is committed to dignity, decency and sobriety. Some artists like musicians and poets have violated this virtue and drunk themselves to death. Byron for instance wrote:

Man, being reasonable, must get drunk;

The best of life is but intoxication.

If elimination of poverty and bankruptcy is patriotism the highest priority should be attributed to implement absolute ban on alcoholism. The issue of dry days read in the light of Article 47 arose before the Supreme Court at the instance of the liquor lobby and the case was decided by the court in support of abolition of alcoholism in 1978 3 SCC 558. I quote briefly from that ruling which exhaustively deals with negatives alcoholism as a national disaster:

“33. In India some genteel socialities have argued for the diplomatic pay-off from drinks and Nehru has negatived it:

Not only does the health of a nation suffer from this (alcoholism), but there is a tendency to increase conflicts both in the national and the international sphere.

I must say that I do not agree with the statement that is sometimes made - even by our ambassadors - that drinks attract people to parties and if there are no drinks served people will not come. I have quite frankly told them that if people are only attracted by drinks, you had better keep away such people from our missions….. I do not believe in this kind of diplomacy which depends on drinking…..and, if we have to indulge in that kind of diplomacy, others have had more training in it and are likely to win.

34. Of course, the struggle for Swaraj went beyond political liberation and demanded social transformation. Redemption from drink evil was woven into this militant movement and Gandhiji was the expression of this mission:

I hold drink to be more damnable than thieving and perhaps even prostitution. Is it not often the parent to both? I ask you to join the country in sweeping out of existence the drink revenue and abolishing the liquor shops.

Let me therefore, re-declare my faith in undiluted prohibition before I land myself in deeper water. If I was appointed dictator for one hour for all India, the first thing I would do would be to close without compensation all the liquor shops, destroy all the toddy palms such as I know them in Gujarat, compel factory owners to produce humane conditions for their workmen would get innocent drinks and equally innocent amusements. I would close down the factories if the owners pleaded for want of funds.”

This nation shall perish with the drinking bowl with atrabilious liquor because the powerful lobby can purchase the politician at any price to do away with dry days.

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