Patna High Court Criticizes Bihar’s Liquor Ban, Highlights Exploitation of Poor and Growth of Illegal Trade

Keywords ; Patna High Court, Bihar Liquor Ban, Bihar Prohibition and Excise Act, 2016, Article 47 of Constitution, liquor smuggling, illegal trade, socio-economic impact

Patna HC Criticizes Bihar Liquor Ban, Exposes Exploitation of Poor and Ineffectiveness in Curbing Smuggling

The Patna High Court recently issued a scathing critique of Bihar’s Prohibition and Excise Act, 2016, observing that the law—intended to improve public health and curb alcohol consumption—has instead led to the exploitation of the poor and the rise of illegal trade. Justice Purnendu Singh’s comments, made in an October 29 order, highlight the problematic application of the prohibition law and its adverse impact on marginalized communities.

Background of the Bihar Liquor Ban

The Bihar government enacted the Prohibition and Excise Act in 2016, a sweeping law aimed at banning the manufacture, trade, storage, transportation, sale, and consumption of alcohol within the state. The Act, in alignment with Article 47 of the Indian Constitution, aims to improve public health and raise the state’s living standards by promoting sobriety. However, the legislation has come under scrutiny due to unintended consequences that have undermined its original purpose.

Court’s Observations on the Exploitation of the Poor

The Court noted that rather than penalizing major operators in the liquor trade, the law is disproportionately applied against the poor, who bear the brunt of arrests and prosecution. Justice Singh emphasized that Bihar’s daily wage earners are among the most affected, as they are often the sole breadwinners for their families. According to the Court, cases are primarily filed against low-income individuals consuming or falling victim to toxic homemade brews, while those orchestrating the illicit trade frequently evade the law.

The judgment also brought to light that police officials, excise personnel, and state tax and transport department officers view the prohibition as a means of “big money,” indicating systemic corruption. These officials, the Court noted, have been complicit with liquor smugglers, creating a black market that has, in turn, increased illegal trade activities across the state.

Impact on Law Enforcement and Judicial Fairness

The case in question involved a writ petition filed by Mukesh Kumar Paswan, a police inspector at the Patna Bypass station, who was demoted following a raid in which foreign-made liquor was discovered in his possession. While state officials argued that Paswan’s demotion was a necessary disciplinary measure, the Court quashed the order, citing a lack of evidence. Justice Singh pointed out that the investigating officer failed to present any documentation supporting the accusations, suggesting that departmental proceedings against Paswan were reduced to mere formalities.

In its order, the High Court criticized the apparent collaboration between police forces and liquor smugglers, condemning the selective enforcement of the law, which targets vulnerable individuals while allowing smuggling syndicates to operate with impunity.

Article 47 and the Unintended Consequences of the Liquor Ban

The Court invoked Article 47 of the Constitution, which assigns the state the duty of improving public health. The Bihar Prohibition and Excise Act, while established under this objective, has proven counterproductive due to mismanagement, corruption, and lack of equitable enforcement. Justice Singh’s observations underscore the disconnect between the Act’s objectives and its implementation, suggesting that the legislation has inadvertently deepened social and economic inequalities rather than uplifting the health standards of Bihar’s population.

Conclusion and Future Implications

The High Court’s ruling sheds light on the urgent need to reevaluate the Bihar liquor ban, ensuring that laws intended for public welfare do not result in exploitation or unintended social harms. The Court’s remarks emphasize the need for transparency, accountability, and fair enforcement of prohibition laws, with a focus on rooting out systemic corruption and protecting the rights of the poor.

The Patna High Court’s decision could prompt a legislative and administrative review of the Bihar Prohibition and Excise Act, 2016, to address its current loopholes and prevent further misuse. The ruling serves as a reminder that laws crafted in the public interest should safeguard, not harm, the very populations they are meant to protect.

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