|
Prohibition: Should it be strengthened or lifted
Friday, July 23, 2010 (12:47:34)
Posted by admin
When the Nagaland Liquor Total Prohibition Act (NLTP) 1989 was finally enacted on April 13 1990, after 23 years of struggle, it was seen as a victory of ‘goodness’ over ‘evil’ and therefore historic.
The predominantly Christian state had won a battle – a battle supposed to have been won for the victims of alcoholism, drunkenness, insobriety, intemperance, debauchery, licentiousness, broken homes and marriages, premature deaths, spiritual decadence and more specially the younger generations.
After 20 years of enactment of the Act, debate was conducted by the Government with the representatives of several civil societies on July 2, 2003.
What is surprising is the need to have a debate over lifting of the Act, which in itself is considered as solemn.
The idea should have been how to help strengthen the Act and the law enforcing agencies and not how to abandon it; or how to rehabilitate alcoholic victims and not how shall we submit to the evil and its detrimental effects to the society.
The surrender to the evil only shows our weakness and not strength.
We understand that there is a vicious circle of black-marketing, coming from across the state border, where some unscrupulous individual in connivance with some authority make lakhs of ill-gotten money by supplying liquor to different destinations in the state.
It is also an open secret that liquor is available next corner, more so in the Pan shops in towns.
Here we must critically analyze as to why it is so?
It is not because some people drink liquor that it is here but because some people are breaking the law (NLTP Act) that it is available. Whom shall we blame then? The alcoholic or the law breaker? As for the alcoholic victims, there is remedy in the form of rehabilitation and counseling.
But for the law breaker, the law enforcing agencies are there. Are they truly performing their duties?
It is unthinkable if the law keeper becomes the ‘law breaker’ or at times become victims of bribery in the hands of bootleggers.
The NLTP Act 1989 has a total of 85 sections, having large scope for successfully implementing the Act.
Amongst the many definitions some highlights may be mentioned here-sects.
30 and 42 states that have officer of government and local authorities such as Gaon Buras or assistant GB’s are legally duty bound to inform or report and to assist any prohibition officer, Police Officer or persons authorized in this behalf in carrying out the provisions of this Act sect 31 says that Landlords or House Owners are bond to give information to Magistrate, prohibition officer nor Police Officer immediately after the same have come to his knowledge.
Issue of warrant by Administrative Officer is given in sect 35. Power of entry, inspection, seizure, arrest and confiscation by excise and Police Officers are stated in sects 36, 37, 41.
They can enter, break, open, seize documents, confiscate materials or arrest any person whom he has reasons to believe to have committed an offence against this act.
Whoever imports or exports, sells or buys, uses or keeps liquor is punishable under penalty sect 44.
For this first offence, such imprisonment shall not be less than six months, second offence, nine months, and third or subsequent offenses, one year accompanied by fines.
Shall not be less than denotes ‘Mandatory’ law. Sect 51 penalizes opening for common drinking houses.
Penalty for being drunk and for disorderly behavior in public places, streets is given in sect 61. In the case of offence of illegal import, export or transport, things liable to confiscation under court order is given at sect 70.
The above law, if effectively implemented, will never be a failure.
As for the debate the participants do not represent the ‘popular feeling’ in this particular case and therefore their contention that the NLTP Act 1989 be partially lifted is an individual’s view and therefore uncalled for.
It is ridiculous to think that lifting of liquor prohibition will promote tourism. Towns of Nagaland, as of now are dusts sand scarcity of water in winter, mud and land-slides in summer, coupled with dirty drains and bumpy roads; these are nothing attractive to health/tourist.
We are hundreds of years behind others in terms of infra-structure. No snow, no shores or beaches, no canyons, no deserts but abundance of conflict and contradictions.
We may not make a mistake of courtesy comments of few and occasional tourists, who may not have wanted to hurt our sentiments.
Nevertheless I would make a mistake if I say that Nagaland is not fit for tourism, as tourism consists not only of the above but also the total social and cultural life of the peoples, peace and of course, landscape of Nagaland are beautiful. As for the tourist, under sect 16, special permits can be granted to Sovereign Heads, Ambassadors, a foreign national on tour in India, which with little amendment can cover, even domestic tourist.
Liberalized views of some Dy. Commissioner, Police Officers and NGOs are surprising. Perhaps they have forgotten that their apathy towards implementation of the Act have directly contributed to the menace. It is true that Nagas are dangerously imitating the rich western and their culture. Some said that Nagas are westernized without being modernized.
About 15-20% of Naga elites cannot mislead the majority Nagas who are at a transitional period – a period of ‘nucleus; several families make a community or society and therefore the few elites’ assertion that ‘morality cannot be imposed on society’ is pretentious.
Will not a parent reprimand or correct his or her children committing acts of immorality such as drunkenness, sex or vulgarity? Or is it that the anti-prohibitionist are so liberalized that morality or decency does not bother them.
Please call a spade, a spade! Everyone is aware of the harm alcohol and alcoholism causes in the life of an individual and society. NSF leaders’ view that restricted license for sale will get the license in this corrupt system and even if they get how far will it serve the purpose, given that there are about 30,000 educated unemployed youth in the state today. It will infact ruin youngsters.
IG intelligence anticipation that bootleggers syndicate could even ‘sponsor’ and finance the anti-lifting lobby directly implicates NBCC and some NGOs.
This is not true. With his intelligence network he could implement the act more effectively. Excise commissioner’s lamentation that the department is ‘ill-equiped’ and there is little support from public should be seriously noted and strengthened.
If prohibition is to be lifted today, legalizing prostitution may not be far behind.
As it is a universal truth that a drunken person losses reason and conscience. We find in Prov. 23:33 “thine eyes shall be held strange ‘women’ and thine heart shall utter perverse things”.
It won’t be a surprise if our own daughters, sisters or even wives get drunk; and become prostitutes one day as evil begets evil. This is not to say that liquor only is the cause for prostitution but the two are closely related.
As Christians we believe that everything come from God. Remember people in the authority, you are there because God wanted you to be and not on your own; for it is written in the Bible “All things were by him; and without him was not anything made that was made” (St John 1:3).
In Deut. 28:1-68, God tells us of his blessings for obeying and curses for not obeying his commandments.
The so called practical approach could be a disaster! Let me conclude with one or two of my humble suggestions as to how NLTP Act 1989 can be strengthened.
1. Recruit more and competent excise personnel.
2. Workout a separate NLTP enforcement cell
3. Set up more rehabilitation and counseling centers by government/NGOs in proper coordination with churches experts
4. Organize seminars, trainings more particularly to officers of enforcing agency
5. Mass awareness campaign to some extend like that of HIV/AIDS
6. Implementation in totality the NLTP Act particularly penalty sections.
Shiloh Kath, Dimapur.
[nagalandpost] |