Presume, punish! Bihar CM Nitish Kumar’s preposterous prohibition bill

PATNA: A woman in Bihar can be prosecuted by the state even if her husband had secretly consumed alcohol without her awareness. This is the hallmark of the Bihar Prohibition and Excise Bill, 2016.
According to the bill, every adult member of a family would be presumed to be aware of the offence if alcohol is consumed, manufactured, sold or distributed in the premises one occupies.

The provision is one among new ones in the bill introduced in the state assembly on the first day of monsoon session on Friday. The bill provides for imposition of collective fine on a town/village or community if there are habitual offenders of prohibition there.

Although RJD chief Lalu Prasad had denied any knowledge about such provisions in the proposed bill, his statement clearly indicated that he might ask chief minister Nitish Kumar to reconsider the draconian provisions in the bill. His view was that there can’t be any law that provides for the arrest of all adult members of a family where a liquor consumer is caught.

RJD has 80 MLAs in the House and the party’s stand would have to be accepted by the coalition leader JD(U). RJD is also not in favour of ban on toddy.

Kumar, however, appealed to all members of the assembly to pass the bill unanimously. The BJP has also adopted a tough stand against the provisions in the bill.

"This new bill has several controversial provisions. We would pressure the government to make amendments in the bill," Opposition leader Sushil Kumar Modi told reporters. He added that the government’s intention was not good and it had given a very short time to propose amendments in the bill.

"The draft bill was circulated among members around 10 am and the government expected them to propose amendments by 3 pm," he said. The bill has provision for setting up special courts in every district of the state for speedy disposal of the prohibition related cases.

ET View: Overturn this inebriated plan

Original sin presumes that the burden of any transgression can be landed at the door of one’s forefathers. In prohibitory Bihar, it turns out that guilt can be now outsourced to fathers, mothers and any other adult members of a family if the crime involves consuming alcohol at home.

The fact that Bihar has imposed a ban on alcohol, thereby driving its consumption, underground is bad enough. But now comes the ludicrous notion that family members are abetters in the illegal act of drinking. If Chief Minister Nitish Kumar’s objective is not to make the law 'a ass' or to fill up Bihar’s jails, let him overturn this inebriated plan.