To Ban Or Not To Ban – That Is The Question In Bihar!

Amidst the political buzz of the Bihar Assembly elections, Prashant Kishor, the new factor in the campaign, has promised to lift the alcohol ban. This has gained attention and is being widely discussed among the public, even though politicians remain largely silent about it.

The alcohol prohibition law has been in force in Bihar since 2016. It was a major issue in the 2020 Assembly elections as well. At that time, it was believed that the prohibition benefited Nitish Kumar, especially since women were happy with the decision, which was reflected in the voting patterns. This time too, the ban is being discussed, even though the ruling NDA leaders are avoiding public discussions on the topic.

This begs the question: What is it that the poll strategist in Prashant Kishor sees an opportunity in raking up the matter about scrapping a law which in the past seems to have benefitted the ruling establishment, his rivals in the poll? A close scrutiny would show that the Jan Suraaj Party leader is addressing those who have been affected by the law and those who have benefitted from it, the poor and low caste women.

The complaint about implementation of the law is largely against the police and excise department officials. The enforcement agencies are accused of prosecuting the consumer for illegally marketed alcohol and not the sellers, who are believed to pay heavily to ‘buy the license to sell.’

The general refrain is that an alcohol bottle that was used to be available for ₹200 earlier is now delivered at home ₹500. It is said, and not without reason, that this is the cost for the safe home delivery of liquor. Everyone, it is believed, knows whom to call and what to say to get alcohol delivered directly to their home.

But then, there is the community consisting women across caste, economic class and region, which silently supports it. It should not be forgotten that the whole movement demanding ban on sale and consumption of alcohol was led by a woman of lowly Mushar community from rural Bihar.

While women initially celebrated prohibition, many now see that the law’s implementation has bred corruption and victimized their own families. Thousands of households have seen male members arrested, and families driven further into poverty and hardships. Kishor’s pitch, therefore, is not merely a call to “lift the ban,” but to “end hypocrisy” – to frame prohibition as a failed, exploitative, and class-biased policy.

For the ruling NDA, especially Nitish Kumar, prohibition remains a delicate issue. While women still symbolically support it, its enforcement failures make open discussion politically risky. BJP allies, on the other hand, have privately expressed frustration over the law’s unpopularity in rural areas but maintain silence publicly to avoid alienating women voters.

Despite high degree of criticism (higher than it actually deserves), prohibition continues to enjoy a moral constituency, particularly among rural women. For them, it symbolizes dignity, peace at home, and control over family income. They see it as a measure of social justice and equality, especially in a patriarchal society where women’s voices are often muted.

It is also important to note that alcohol-related abuse, crime, and health issues had reached alarming levels in Bihar before prohibition. Lifting the ban without a robust system of regulated sale and awareness could risk a relapse into that chaos.

The call to scrap prohibition in Bihar touches upon deep questions of morality, governance, and political pragmatism. The law, while borne out of genuine social reform, has degenerated into a system that punishes the poor, enriches the corrupt, and drains state resources. Prashant Kishor’s challenge is therefore not limited only to Nitish Kumar’s policy but to the very idea that symbolic morality can replace effective governance.

Scrapping prohibition outright might be politically risky, but reforming it is both necessary and inevitable. A nuanced, balanced policy – one that respects women’s rights, curbs corruption, and restores economic rationality – would be the truly prudent decision for Bihar’s future.

(The writer is an established Author, Academic and President of the Centre for Reforms, Development & Justice)

‘Awareness, Not Harsh Laws, Can Make Prohibition Successful’

Rajesh Singh, a social activist from Katihar (Bihar), says penal provisions can only deal with the criminality part of prohibition law, not the behavioural aspect

Bihar is one of the few states in the country where the sale and consumption of alcohol is completely banned. When the prohibition law came into force in the state in 2016, it was strictly enforced. However, in the past six years, a lot has changed. The law is still there but it doesn’t deter the alcohol traders and consumers any longer.

A complete illegal ecosystem has boomed in the state where alcohol mafias have emerged and children as young as 13 to 15 are being involved in the illegal trade. I am a member of the juvenile justice board. Quite often, we see children being produced in the court for being the part of this illegal trade syndicate. They are being used as a courier boy for the delivery of alcohol.

Surprisingly, in many cases, their family members, mostly from the poorer section, are aware of their involvement. They only see this as easy earning by the children. This has created another problem. These children, who are involved in the liquor trade, also become the consumer and gradually get into other substance abuse too.

In addition, there is rising cases of deaths by spurious liquor in Bihar. Hundreds of people have died or lost their eye-sights due to consumption of spurious liquor. These incidents have also raised questions on the police administration. In many cases, the law enforcers are found to be a part of the illegal trade.

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According to some estimates, more than 40,000 poor people are languishing in the jails due to harsh provisions of the anti-liquor law. Probably, these high numbers also alarmed the government which passed the Bihar Prohibition and Excise (Amendment) Bill, 2022, and stated that people caught consuming liquor will now have to pay a fine before a magistrate and won’t be sent to jail.

Clearly, it is impossible to enforce a complete ban in the state if neighbouring states are selling alcohol freely. Bihar shares border with states such as Uttar Pradesh, Jharkhand and Bengal. From the entire Kosi division of Bihar, Bengal is as far as 30 kms away. Most of the import of alcohol happens from these neighbouring states and people also visit neighbouring states for the consumption of alcohol. So, how on earth, considering the Kosi region, you can stop people from visiting neighbouring state Bengal for consuming or bringing alcohol from there? The same applies to other divisions of the state which share borders with Uttar Pradesh or Jharkhand.

I believe strict laws can’t be the solution to this menace. Penal laws merely deal with the criminality and push more people down the wrong path. For any social or behavioural reform, awareness and education about the ill effects of an addiction are most important.

As an NGO, we organise various programmes, in association with the distric administration, every month to spread awareness about the ill-effect of alcohol or other drug addictions. We have helped many people cleanse themselves from addictions and abuse.

We urge the government to focus on developing more de-addiction centres in the state and spreading awareness. This can be the only solution to make Bihar a true dry state in the country.

As told to Md Tausif Alam