ANALYSIS OF THE EFFECTIVENESS OF PROHIBITION LAWS IN THE STATE OF TAMIL NADU CONCERNING THE TAMILNADU PROHIBITION ACT,1937 BY - BS KARISH MADHAVAN

ANALYSIS OF THE EFFECTIVENESS OF PROHIBITION LAWS IN THE STATE OF TAMIL NADU CONCERNING THE TAMILNADU PROHIBITION ACT,1937

AUTHORED BY - BS KARISH MADHAVAN

INTRODUCTION

State-sponsored alcoholism is caused when states directly engage in propagating the consumption of liquor to the masses. State-sponsored alcoholism is widely used to describe Russia growing alcoholism problem; alcohol was used as a tool to suppress the masses to numb from their plight. The parallels to this can be seen in our own country.

Prohibition has been a part of India's constitution under the directive principles of state policy, specifically article 47  "....the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health" under these principles that many states have applied prohibitory laws in India such as Bihar and Gujarat.

The paper intends to focus on the state of Tamilnadu, its prohibition policy, and its effect on the populace.

Background

The madras abkari act[1] was essentially a predecessor to the Tamilnadu prohibition act. Enacted to curb the manufacturing of alcohol at the unauthorised distillery and enact excise duty.

The prohibition in Tamilnadu was more focussed on taxing alcohol and promoting foreign liquor over local tody and other native alcohol. Curbing alcoholism was never the focus of the law. During the non-cooperation movement, the nationalists started associating drinking as a western value and should be curbed In the Salem region, as early as 1937, the previous Madras Presidency instituted prohibition, which later expanded to numerous other locations. The Congress administration of C. Rajagopalachari, better known as Rajaji, enacted a sales tax to compensate for the damage. Anyone who wanted to use alcohol would need to obtain "permission" from the government.

The Congress prevailed in Tamil Nadu during the first national elections conducted in an independent India in 1952. The Prohibition Act was vigorously enforced across the state. Tamil Nadu continued to enforce the alcohol ban, whereas Andhra Pradesh and Mysore, later renamed Karnataka and separated from the Madras Presidency, did not.

METHODS USED TO RESEARCH CONSUMPTION OF ALCOHOL

The paper will rely upon various data sets provided by the national crimes bureau, ministry of health and family welfare, state revenue records etc

The state revenue records serve as the most crucial source for highlighting the alcohol dependence of the state and its people at large.

POST-INDEPENDENCE POLICY IN TAMILNADU

 Notwithstanding solid obstruction from different areas, including Rajaji, who unsuccessfully endeavoured to convince the then cm against once again introducing alcohol, the DMK government, driven by M. Karunanidhi, cancelled the restriction in 1971.

While Mr Karunanidhi had consistently upheld temperance, he expressed that since it was not stringently executed, the State was simply losing cash and that people from the adjoining States generally bought liquor anyway and sold it in the state. In 1974, he restored restriction. Years after the fact, Mr Karunanidhi promised that whenever he chose, he would restore total restriction. The leadership of AIADMK founder M.G. Ramachandran (MGR) lifted the ban in 1981 after Mr Karunanidhi's DMK rule came to an end, only to shut down all arrack and toddy shops at the start of 1987. Successive administrations changed the laws regarding the selling of arrack and toddy, but Indian-Made Foreign Liquor was generally undisturbed. When a prohibition[2] was enacted, the illegal selling of toddy and arrack soared, causing the death of numerous people and opening the way for the restriction's repeal.

Alcoholism was so intertwined in Tamil society its probation caused numerous deaths resulting from the consumption of homemade alcohol, usually manufactured using methanol.

The dependence on the substance forced the government to relax the prohibition policy.

THE TAMILNADU PROHIBITION ACT

The act proclaims “An Act to introduce and extend the prohibition of the manufacture, sale and consumption of intoxicating liquors and drugs in the State of Tamil Nadu. WHEREAS it is expedient as early as possible to bring about the prohibition, except for medicinal, scientific, industrial or such like purposes of the production, manufacture, possession, export, import, transport, purchase, sale and consumption of intoxicating liquors and drugs in the State of Tamil Nadu. AND WHEREAS it is desirable to give effect to the policy mentioned above by introducing it in certain selected areas in the said State and utilising the experience gained therein for extending it to the other areas thereof”

The Tamilnadu state marketing corporation (TASMAC) is a state enterprise that has a monopoly over the sale and distribution of alcohol in the state of Tamilnadu. Tasmac came into play when outright prohibition was failing.

To purchase and distribute alcoholic beverages within the State, the MGR administration established the Tamil Nadu State Marketing Corporation in 1983. Licensing was awarded to bars and liquor businesses through auctions. The Tamil Nadu Spirit Corporation, which the government founded in 1981 and produced alcohol until it was shut down in 1987, was another government initiative.

A institution that was designed/formed to curb alcoholism has turned into the largest source of revenue of the Tamilnadu state. According to a wide range of financial experts, legislators, and policymakers, the State government lacks the resources to fully offset the income loss it would bring to the transient in the event of a total ban.

The change in culture that has made a socially acceptable practice has left the probatory policies and laws outdated.

ECONOMIC DEPENDENCE ON ALCOHOL SALES

“When we break down the earl revenue generated by TASMAC and its contribution to the state's revenue While VAT income climbed from 20,788.71 crores in 2017-18 to 24,294.72 crore in 2018-19, the excise revenue increased from 6,009.25 crores in 2017-18 to 6,863.11 crore in that same year. 

The annual revenue growth of TASMAC has 20% every year. In 1983 when TASMAC was founded the revenue was 183 crores. In 2002–03 before the take over of retail vending, the turnover was ₹3,499.75 crores, out of which the government got a tax revenue of ₹2,828.09 crores.

After the takeover of retail vending, the tax revenue shot up to ₹3,639 crores in 2003–04. After the Tamilnadu state took over retail vending, the tax revenue increased to 2,693 crores in 2003-2004.

Excise tax and sales tax, which together account for around 50% of the overall revenue from taxes, are the two main components. Since the state is both the wholesale and retail vendor, and the price difference flows directly to the state exchequer, a sizable portion of the tax money is recognised as profit for the state. The revenue rose to 4872, 6087, 7300, and 8822 Crore Rs., correspondingly, in the next four fiscal years. The state's record for alcohol sales revenue, which had stood for 23 years, was broken in 2005–2006. The financial year 2008–09 saw the revenue achieve the milestone of 10,000 crores (100 billion), coming in at 10,601.5 crores. It was 12 491 and 14 965 crores for the fiscal years 2009–2010 and 2010–2011, respectively.[3]

Revenue is the most significant indicator of the rise in alcohol sales and alcohol dependency. The rise in alcohol sales is a direct contradiction to the prohibition principles of the law.”

INCREASE IN CRIME

An increase in alcohol consumption has increased crimes in the state of Tamilnadu, as a prominent high court judge, Justice Anand Venkatesh, notes Alcohol-related crimes are increasing, and in Tamil Nadu, the government has a monopoly on the sale of alcohol. He said that the government should be forced to compensate victims of crimes committed while under the influence of alcohol because it "cannot wash its hand from the adverse repercussions of its policy of selling booze to its people."

CONCLUSION

Alcoholism is a growing issue in India and Tamilnadu, it is hypocritical of the state to engage in the sale of alcohol, profit from it and be drunk from the profit, ignoring the real-world impacts of alcohol. It is evident that the Tamilnadu government has forsaken its prohibitory policies and s focused on selling more alcohol to the masses

BIBILOGRAPHY

• "Revenue from liquor sale grows significantly". The Hindu. Chennai, India. 26 April 2007. Archived from the original on 2 June 2007. Retrieved 4 June 2010.
•  "TASMAC finalises list of licensees for 221 wine shops". The Hindu. Chennai, India. 25 May 2010. Archived from the original on 28 May 2010. Retrieved 4 June 2010.
• "Consumption of liquor rises in TN". The Times of India. 10 May 2008. Archived from the original on 11 August 2011. Retrieved 4 June 2010.
• ^ "Excise, sales tax from liquor trade yield Rs.15,000 crore". The Hindu. Chennai, India. 8 September 2011. Retrieved 10 October 2011.
• ^ "Tamil Nadu's liquor revenue rises to Rs 18K cr". The Times of India. 27 April 2012.

[1]  "3". A World Without Drink: Temperance in Modern India, 1880-1940. Robert Eric Colvard.

[2]  "Tamil Nadu's experiments with liquor ban". Retrieved 24 May 2016.

[3] Revenue from liquor sale grows significantly". The Hindu. Chennai, India. 26 April 2007. Archived from the original on 2 June 2007. Retrieved 4 June 2010.