Impact of Nagaland Liquor Total Prohibition Act. 1989

A paper presented by: C.R. Zeliang President Zeliangrong Baudi (N) at the state Govt. consultation on the 24th February 2022.

I am glad to present my views and concern on the issue of prohibition of liquor in the state of Nagaland categorically on the effectual and ineffectual impact of its implementation.  The impact of 32 years of implementation of liquor prohibition in the state is long enough to bear expected or intended results. Whereas, injurious and spurious effects and elements are seen more in the society than the supposed good intended. Perhaps this consultation is called to ponder and review its ramification and to rectify or alter the Act with better empirical alternative approach. I hope, this gathering will result positive change for pragmatic approach to resolving the issue.

Background rationale:

The background leading to establishing of Nagaland Liquor Total Prohibition(NLTP) Act. was of moral and social based responsibility of the government and civil organisations. The good-will as well as discretionary power of the government of the state towards its citizens as a responsible government has its logical decision to enact laws pertaining to individual and social health, prevention of violence and crimes and to promote peace and development of the state. The initiative of the state is appreciated but the impact of the prohibition Act enormously affecting the economy and health of its citizens is questioned and concerned. Therefore, when considering and realising the counter-productive aspect of liquor prohibition, curious attention and concern has been provoked to reconsider the Act before late. Hence, finding and resorting to better alternative than prohibition is necessitated.

Default aspect of the law:

I perceive that, the effect of Liquor prohibition Act is hazardous and contradictory to what is intended. There is a competitive change between productive and counter-productive of implementing the prohibition laws. I see more of evil surmising design than good result as intended. Man by nature is intrinsic and adaptive to evil design. Man’s curiosity to taste and know what is forbidden or restricted is so strongly an attached nature that human tendency or inclination to evil rules the life of human society. It is human curiosity to taste the forbidden fruit as a sweet thing. However, God has given us the power of choice; a conscience to choose what is right or wrong. Human interest or gratification cannot be controlled only persuaded.  No laws or Act can suppress or dictate the matured mind unless convinced of the things informed or offered. Despite the laws being established with pressure from Christian Churches and civil society organisations for prohibition of liquor sale and consumption in the state, there are stronger and more harmful optional means of liquor consumption resulting much perilous state of affairs in the society. The law that has constituted for good turns out bad because that law contradicts the essence of human inherent nature. Man is by nature a being of habit. He cannot alter the law of his nature but he can alter his habit and adapt his nature to the law. No man can defy or alter the law of gravitation. He only adapts himself to it. So also, the law or nature of human habit cannot be altered but mastered it by will of compliance. Natural laws are neither cruel or kind but absolutely just.  Any law that is universally true is natural and all things are subjected to compliance to that law. Any law contradicting the law of nature are counter reactive and produces opposing or adverse results. Therefore, all detrimental substances marketed are either labelled or cautioned as injurious to health. Cigarette, Biri, Khaini and all opium products, alcoholic substances, drugs of various chemical products are in open markets with certain restrictions but not by law of prohibition. Law or Act to govern the society should be established following or understanding the law of nature and human inherent nature of inclination to that which attracts the mind, taste and sight.

Considering the committee Report:

The committee constituted to examine all aspects of health issues, research on consumption of alcohol in all the towns and collection of revenues comparing with other North-eastern states has its factual information as reported may be considered for needful awareness on the practical reality of the scenario. The state Excise department could not effectively implement the enforcement of NLTP due to constrained of several factors like rampant availability of alcohols in neighbouring states, no adequate restriction law or regulation made across the border on supply of alcohols and absence of mass participation for control of liquor sale and consumption in the state. Other factors that may be considered for the ineffectiveness of the enforcement of liquor prohibition Act could be that, Nagas by their age-old tradition and culture are accustomed or habituated to drinking local brew and are tempted to taste and gratification for stronger and costlier drink. They go more for illicit supply of alcohols/liquor without considering the constraint and cost, difficulties and restriction of procuring it. Thus, the aspect of economy and health of the consumers are greatly affected resulting rise of more untimely death and griming poverty.

Counter-productive issues:

Constraining of liquor supply due to enforcement of prohibition Act, has its counter productive issues affecting the state economy as well as the overall health sector as per report shown. Practices of illicit sale of liquor and adulterated and spurious liquor are ever increasing in secret markets and now almost open despite restrictions enforced. The enforcement has also boosted practices of syndicating and bootlegging with poisonous substances like adulterated ethanol acetaldehyde and spirit. Consumers who are mostly Nagas are resorting to many evil designs to get the costly supply of liquor thereby causing many domestic and social problems. Further, for lack of easy supply of liquor, consumers are taking more of alternative illicit drugs and narcotic substances which are deadlier and has the potential to destroy the whole society and generation. There are indirect effects of prohibition of liquor in the state. Many youths and consumers with their lady friends goes to nearby liquor joints in the neighbouring state of Assam for past time drink and pleasure making, thus indorsing to more promiscuity and adulterous practices resulting to more local call girls and prostitutes. The health, wealth and vibrancy of youth are being drained away to alcohol and drugs and earthly death rate increasing in the state mostly due to the defective enforcement of liquor prohibition Act in the state.

Concluding observations and suggestions:

While considering the overall impact and effects of liquor prohibition enforcement in the state and considering the above facts observed, I am to propose and suggest the Government of Nagaland to LIFT the NLTP ACT of 1989 and introduce a better effective and alternative laws to govern the affairs of the Naga society giving due regard and consideration to the natural and moral law that regulates humanity and society in order.

Suggest that, it is expedient to regulate certain restriction of consumption, manufacture and sale of liquor and illicit drugs in the state of Nagaland for the purpose of promoting the economy, health and moral development of the state. That the NLTP Act shall be lifted and introduce law of conscientious free-will control rights to all citizens with certain regulatory measures to maintain and balance the society.

That law pertaining to social order and security in the society and state relating to the cause and effect of consumption of liquor and illicit drugs may be dealt as per legal rights enshrined in the fundamental features of the constitution of India. Those rights of individual citizens to exercise his/her power of choice and conscience and human rights shall be safeguarded and promoted provided he/she abide by the regulation of the state enforcement of law and order.