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Alcohol in India:
"Indians should be free to drink alcohol without legal or moral censure"
The molestation of a young woman leaving a pub in Guwahati earlier this year sparked a fierce debate about the place of alcohol in Indian culture. Opinion is divided between those who see such incidents as a reaction to an out-of-control 'pub culture', and those who believe heightened rhetoric about the evils of alcohol only emboldens the likes of those who harrassed the young woman. Recent deaths caused by bootleg liquor in Gujarat, where alcohol is forbidden, as well as in West Bengal, where it is legally available, have also raised questions about how the law should deal with alcohol. And a clampdown on drinking in Mumbai has provoked further controversy, not only about the rights and wrongs of particular laws and their enforcement, but about whether the state should seek to police morals as well as criminality. Alcohol has always been controversial in modern India, being frowned on by most observant Hindus as well as Muslims. Mahatma Gandhi was strongly against drinking, and even saw abstinence as an important component of India's struggle for independence from the British Empire. Consequently, the framers of the Constitution included an aspiration to prohibit alcohol in the Directive Principles of State Policy. Article 47 says, 'The state shall endeavour to bring about prohibition of the use except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health'. While this fell short of enacting prohibition, a number of states did ban alcohol or introduce strict regulation, but in the decades since, rules have not always been strictly enforced, and in much of India, people are currently able to drink relatively freely. Signifcantly, most states derive 15-20% of their revenue from taxation on alcohol. Opponents of alcohol cite a number of associated problems. Chief among these are that excessive drinking is harmful to health, and that drunkenness can lead to antisocial behaviour. More fundamentally, some believe that drinking is at odds with Indian culture. The basic question is whether drinking alcohol should be seen as a question of individual freedom, or a social evil to be done away with, whether through criminal sanctions or cultural pressure.

The debate in context:


Moral policing The most widely discussed case of 'moral policing' has been in Mumbai, where prohibition was formally abolished in 1973 and replaced with a permit system, though this has not been enforced for many years. Recently, however, there has been a major clampdown led by Assistant Commissioner of Police Vasant Dhoble. A large number of restaurants, clubs and bars have been closed down this year, and even private parties have been raided. For supporters of Dhoble, this is the simple and overdue enforcement of the law. Moreover, they insist tough action is needed to protect the working people of Mumbai from the decadence of the citys nightlife, which is seen by detractors as the preserve of a rich elite. Advocates of moral policing also see it as a means of protecting young girls and boys from exploitation. But critics argue the clampdown is unjustified and threatens to destroy the cosmopolitan character of the home of Bollywood and modern culture in India. Mumbaibased writer Sidharth Bhatia sees Dhoble's campaign as part of a moralistic agenda, and points out that Maharashtra's drinking age of 25, introduced in 2005, is the highest in the world. Bollywood star Imran Khan is spearheading the Times of India's 'It's My Life' campaign against the drinking age limit of 25 in both Maharashtra and Delhi, arguing that it shows a lack of respect for young people's autonomy, and can only open the door for the illegal alcohol trade. In the case of Delhi, there is evidence that those under 25 continue to

Topic Guide
make up 20 per cent of the liquor market, with many young drinkers insisting that as adults they should be free to drink if they choose, and that any policy on alcohol should focus on adolescent or irresponsible drinkers (second article). A question of culture? In 2009, then Union Health Minister Anbumani Ramadoss made the case for a more restrictive National Alcohol Policy, arguing, 'It is not our culture. If it goes this way I don't think India will progress'. He also called on filmmakers not to portray drinking in a glamorous light, suggesting popular culture was undermining traditional values. Many Indians do not drink for religious reasons, and there is a strong tradition of opposition to alcohol in Indian politics, from Gandhi to Anna Hazare, who famously flogged drinkers in his home village in Maharashtra before coming to national prominence, and has been embroiled in controversy over the issue more recently. Critics describe such extreme opposition to drinking as 'Talibanisation', and suggest prohibition is more in keeping with Islamic Sharia law than Indian secularism. There is also some dispute over whether even Gandhi intended for alcohol to be prohibited by law, and backed by the force of the state, or whether he saw it as a matter of individual moral resolve in the spirit of satyagraha. Some opponents of prohibition, like lawyer Girish Patel, nonetheless see drinking as a social evil to be done away with by other means. A further complication is that a substantial number of Indians drink alcohol privately making India one of the fastest-growing alcohol markets in the world - while publicly professing to abstain: there is a lakshman rekha between the reality of alcohol consumption and public acknowledgement of it. Nonetheless, there is even a tradition in India of celebrating alcohol as a pleasure and a social lubricant, as can be seen in Hariwansh Rai Bachchan's famous Hindi poem Madhushala. The question is whether it is time accept drinking as a legitimate activity for those who choose it, or whether it should continue to be seen as a problem. Public health One of the key arguments for restricting the consumption of alcohol, and even prohibiting it, is the harm it can cause for health: the relevant article in the Indian constitution refers to prohibition as a public health measure rather than one to do with tradition or morality. Indeed, excessive drinking can cause serious damage, both longterm through liver disease and other chronic conditions, and short-term through alcohol poisoning and injuries associated with drunkenness, whether from accidents or violence. Experts warn that drinking is on the rise in India, and that more than half of those who drink do so to a hazardous extent, so action is called for. But opponents of prohibition warn that it failed in the USA even before the Indian constitution was written, and suggest it only incentivises the production of dangerous illegal 'hooch', as has happened in Gujarat. Nonetheless, illegal liquor is also a problem where alcohol is legal, as it is much cheaper. Less extreme public health measures include restricting the hours during which alcohol can be sold, raising the drinking age to 25 and banning advertising of alcohol. Such measures are not unique to India. While drinking alcohol has traditionally been considered normal and relatively unproblematic in the West, there is increasing concern about its health effects, with some arguing alcohol should be 'de-normalised'. In that spirit, the Scottish Parliament has introduced minimum pricing for alcohol, and similar measures are being considered throughout the UK. Arguably, then, India is in step with the rest of the modern world in seeking to restrict the consumption of alcohol. But critics insist it should be up to individuals to choose whether to risk their health, and point out that most people in India either choose not to drink, or drink within sensible limits. Moreover, for many people, alcohol has positive social benefits. In the words of BH Khardekar, who spoke against prohibition in the Consitituent Assembly in 1948, 'if you were to compare the life of a city like Bombay on dry days and wet days, Sir, on dry days you will find life really dry and dull'. For those who want to see an end to drinking, public health is the greater priority; for others, nothing should trump adults' freedom to choose.

Topic Guide
Essential Reading:
Is the Rise in Drinking by Youth Harming Indian Culture? Ilena Bose v Pritish Agarwal, Wall Street Journal India Debate, 10 August 2009

http://online.wsj.com/article/SB124953554653410331.html
Prohibition: India's and America's shared lessons in fight against alcohol, by Scott Baldauf, Christian Science Monitor, 15 December 2011

http://www.csmonitor.com/World/Global-News/2011/1215/Prohibition-India-s-and-America-s-sharedlessons-in-fight-against-alcohol
Young on high, liquor law only on paper, Times of India, 9 June 2011

http://articles.timesofindia.indiatimes.com/2011-06-09/delhi/29637895_1_drinking-age-liquor-outletsliquor-law
Alcohol now a tide in Gandhi's dry India, by Ben Doherty, Sydney Morning Herald, 14 February 2011

http://www.smh.com.au/world/alcohol-now-a-tide-in-gandhis-dry-india-20110213-1as1g.html
In right spirit, Gujarat must end prohibition, IBN Live, 14 July 2009

http://ibnlive.in.com/news/in-right-spirit-gujarat-must-end-prohibition/97059-3.html

For:
Maximum Citys morality play, Sidharth Bhatia, The Hindu, 7 July 2012

http://www.thehindu.com/opinion/lead/article3610524.ece
I fight for freedom of choice: Imran, Times of India, 15 September 2012

http://articles.timesofindia.indiatimes.com/2011-09-15/mumbai/30159406_1_drinking-age-pil-imrankhan
Indians are treated like children over alcohol, Leo Mirani, Guardian (UK), 15 August 2010

http://www.guardian.co.uk/commentisfree/2010/aug/15/indians-independence-day-alcohol
Treat Indians as adults on the right to drink liquor: BH Khardekar, Times of India, 1 July 2012

http://timesofindia.indiatimes.com/business/india-business/Treat-Indians-as-adults-on-individuals-rightto-drink-liquor-BH-Khardekar/pmarticleshow/14544984.cms

Against:
Nothing wrong in Mumbai Police imposing right values, V Gangadhar, The Hindu, 13 July 2012

http://www.thehindu.com/todays-paper/tp-opinion/article3633578.ece
Alcohol use on the rise in India, Raekha Prasad, The Lancet, 3 January 2009

http://www.lancet.com/journals/lancet/article/PIIS0140-6736%2808%2961939-X/fulltext

Topic Guide
Pub culture: not an Indian Culture, Lawyer Journos blog, 7 February 2009

http://lawyerjourno.com/Blog/?p=65
Hit the infrastructure of molestation, by Udayan Namboodiri, Daily Pioneer, 21 July 2012

http://www.dailypioneer.com/columnists/item/52039-hit-the-infrastructure-of-molestation.html

Further Reading:
Need proper regulations, says Devendra Fadnavis, Times of India, 9 September 2012

http://timesofindia.indiatimes.com/city/nagpur/Need-proper-regulations-saysDevendraFadnavis/articleshow/16318229.cms
Letter from India: it's no easy matter being a woman looking for a decent drink in Delhi, by Helen Pidd, Guardian (UK), 22 August 2012

http://www.guardian.co.uk/commentisfree/2012/aug/22/letter-from-india-women-drink
Alcohol Is a Social Lubricant, Study Confirms, MedlinePlus, 30 July 2012

http://www.nlm.nih.gov/medlineplus/news/fullstory_127735.html
Between outrage and empathy, by Santosh Desai, Times of India, 29 July 2012

http://blogs.timesofindia.indiatimes.com/Citycitybangbang/entry/between-outrage-and-empathy
Moral Policing, Indias Ugly New Reality TV, by Samrat, New York Times, 17 July 2012

http://india.blogs.nytimes.com/2012/07/17/moral-policing-indias-ugly-new-reality-tv/
The campaign against fun, Shilpa Phadke, Indian Express, 4 July 2012

http://www.indianexpress.com/news/the-campaign-against-fun/969936/0
Fight for your freedom: Imran Khan, Times of India, 23 June 2011

http://articles.timesofindia.indiatimes.com/2011-06-23/news-interviews/29690207_1_drinking-ageimran-khan-addiction
Top brains to battle Imran Khan in court on alcohol, Jan Swabhiman, undated, 2012

http://janswabhiman.org/top-brains-to-battle-imran-khan-in-court-on-alcohol/
Let a thousand Dhobles bloom , Anant Rangaswami, First Post, 9 July 2012

http://www.firstpost.com/india/let-a-thousand-dhobles-bloom-372098.html
Why government imposes tax on liquors despite being big business, by Avinash Celestine, Economic Times, 8 July 2012

http://articles.economictimes.indiatimes.com/2012-07-08/news/32578281_1_excise-revenues-liquortasmac

Topic Guide
The power to abuse, Vikram Doctor, Times of India, 5 July 2012

http://articles.timesofindia.indiatimes.com/2012-07-05/edit-page/32538036_1_archaic-laws-childabuse-dance-floor
The truth about archaic laws: Why Dhoble supporters are wrong, by Lakshmi Chaudhry, First Post, 28 June 2012,

http://www.firstpost.com/india/the-truth-about-archaic-laws-why-dhoble-supporters-are-wrong360125.html
Man cant handle drink, at any age, by Vijay Simha, Tehelka, 15 June, 2012

http://www.tehelka.com/story_main49.asp?filename=Ws150611Man.asp
India's alcohol flows as cash and time freed up, The Age (Australia), 14 February 2011

http://www.theage.com.au/world/indias-alcohol-flows-as-cash-and-time-freed-up-20110213-1arzn.html
The punch of liquor lies in prohibition by Gujarat govt, Girtish Patel, DNA, 15 December 2011

http://www.dnaindia.com/analysis/report_the-punch-of-liquor-lies-in-prohibition-by-gujaratgovt_1626224
The tragedy of prohibition, Rohan Panjiar, Indian Express, 17 July 2009

http://www.indianexpress.com/story-print/490493/
India: Alcohol and public health, Dr Vivek Benegal, The Globe, Issue, 2005

http://www.ias.org.uk/resources/publications/theglobe/globe200502/gl200502_p7.html

In the News:
Karnataka professor to teach how to stay away from alcohol, Business Standard, 24 September 2012

http://www.business-standard.com/generalnews/news/karnataka-professor-to-teach-how-to-stayawayalcohol/60405/
Alcohol linked to aggression: Experts, Times of India, 23 September 2012

http://articles.timesofindia.indiatimes.com/2012-09-23/mumbai/34040034_1_domestic-violenceaggression-alcohol
Guwahati long had it coming, Telegraph, 15 July 2012

http://vv.telegraphindia.com/1120715/jsp/frontpage/story_15730533.jsp
Model prohibited liquor area proposed in Ajmer, Times of India, 14 July 2012

http://articles.timesofindia.indiatimes.com/2012-07-14/jaipur/32674244_1_liquor-shops-ajmer-excisedepartment

Topic Guide
Inspector Killjoy, Economist (UK), 23 June 2012

http://www.economist.com/node/21557379
The party police, Indian Express, 18 June 2012

http://www.indianexpress.com/news/the-party-police/635361/0
Under 25 years of age? Barred from drinking, DNA, 9 June 2012

http://www.dnaindia.com/speakup/report_under-25-years-of-age-barred-from-drinking_1552869
Mumbai Journal: The Day Our Nightlife Died, India Realtime, 1 June 2012

http://blogs.wsj.com/indiarealtime/2012/06/01/mumbai-journal-the-day-our-nightlife-died/
New student norms not moral policing: IIT-M, The Hindu, 7 April 2012

http://www.thehindu.com/news/cities/chennai/article3288262.ece
Why drinking benefits Europeans, not Indians, Times of India, 29 January 2012

http://articles.timesofindia.indiatimes.com/2012-01-29/science/30675651_1_kidney-stones-drinkingpattern-drink-hard-liquor
India doctors fight to save West Bengal alcohol victims, BBC News, 16 December 2011

http://www.bbc.co.uk/news/world-asia-india-16212537
Hazare wants drinkers flogged, Deccan Herald, 22 November 2011

http://www.deccanherald.com/content/206601/flog-alcoholics-public-says-hazare.html
Liquor consumption to cross 19K million litres by 2015, Associated Chambers of Commerce and Industry of India, 2 November 2011

http://www.assocham.org/prels/shownews-archive.php?id=3149
India is yet to put in place a national anti-alcohol policy, Times of India, 28 April 2011

http://articles.timesofindia.indiatimes.com/2011-04-28/india/29482266_1_alcohol-drinking-deaths
Delhi drafts tough Bill, Rs 50k fine, jail term for drinking in public, Indian Express, 26 October 2009

http://www.indianexpress.com/news/delhi-drafts-tough-bill-rs-50k-fine-jail-term-for-drinking-inpublic/525455/0
Prohibition policy in Gujarat a tragic farce?, India Insight, 12 July 2009

http://blogs.reuters.com/india/2009/07/12/prohibition-policy-in-gujarat-a-tragic-farce/
Tapping into India's Growing Alcohol Market, Time, 23 December 2009

http://www.time.com/time/world/article/0,8599,1949796,00.html
Pub culture against Indian ethos, must stop: Ramadoss, Times of India, 30 January 2009

http://articles.timesofindia.indiatimes.com/2009-01-30/india/28045044_1_pub-culture-mangaloreincident-road-accidents

Topic Guide
Taliban style in BJPs Karnataka: moral cops assault girls in pub, Indian Express, 26 January 2009

http://www.indianexpress.com/news/taliban-style-in-bjps-karnataka-moral-cops-assault-girls-inpub/415303/0

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