I can bet that all
Bombaywallahs emotions must be rather stimulated in the last couple of weeks.
The goings on with the right honourable ACP Vasant Dhoble, the `who knows if it
was a rave’ at Juhu and the persecution of Priti Chandriani for selling liquor
chocolates clearly show that we live in exciting times. Are we heading into a downward
spiral of Talibanisation or is this `crackdown’ justified or should the
`archaic’ law be changed, are just some of the questions all of us are asking.
I thought I should
investigate. I am a washed up lawyer, but I can still read a legal book and
make some sense of it. So, off I went to the law book seller to buy a copy of
the Bombay Prohibition Act, 1949 which I then spent some time reading, digesting
and putting down in hopefully a logical, easily understandable form.
Before I get into analysing the
Act, I must make my position clear. First, the Act is extremely harsh,
stringent and straight forward in its rigidity and control. Secondly, the law is
the law and it should be fairly implemented across the board. Thirdly, is it `archaic’
or `Taliban’ like? I am not so sure if either term could be applied. On the one
hand we support something like a ban on smoking, but by the same token a crackdown
on drinking with or without a permit seems unacceptable. We want chewing
tobacco and the various `Pan Parags’ or
`Guthkas’ banned. So in our minds,
banning certain things is not `Talibanisation’ but regulating drinking is?
Passing a legislation banning smoking is not regarded as archaic for reasons I
cannot understand. Health of the consumer is of no relevance as there are
plenty of things that should be banned on grounds of health – anything that
contains trans fats for example. So using words like `archaic’ or `Taliban’ to
condemn the Act sounds like faulty logic to me. Fourthly, I believe there
should be legal age for drinking. This could be done by removing the detailed legislation
we have today and replacing it with a simpler set of laws. One where shops
selling alcohol are regulated and consumption or purchase is only on basis of
an ID showing you are over a base age.
As an overview, to put it
simply and succinctly, the law has an overarching principle that only those
with permits can manufacture, trade in as vendors, buy, possess and consume alcohol.
This is not wholly different in Western Europe, the USA and most non Muslim
countries. Even there, the manufacture of alcohol is heavily regulated and
taxed. Restaurants or shops selling alcohol have to be licensed. Serving
alcohol to an under aged person invites severe penalties. The key differences
are: (i) the concept of a `permit room’ (ii) the fact that despite your age, you
have to have a permit to consume alcohol (iii) a vendor has to maintain
elaborate registers and (iv) you as an individual cannot possess more than 12
units of alcohol.
Let’s now deal with our Act
which applies to the whole of Maharashtra. It’s much simpler to analyse our Act
having regard to the differences I have set out in the preceding paragraph. Any
establishment serving hard alcohol has to have a segregated area which is known
as the `permit room’. Of course the whole restaurant may be a `permit room’
too. Alcohol can only be served in this area. Only a permit holder can enter
this area. Non permit holders cannot be present here even if they are not drinking.
This is of course absolutely never followed. You can walk into any restaurant
serving alcohol and you will find no divide, no permit room. This means that
children and non permit holders can all sit together. The restaurant will serve
alcohol to any patron [not a child] throughout the restaurant area. With this
almost universal breach of the licensing conditions, once the powers that be
decide to crack the whip every restaurant will run into problems. Huge
problems. The permit room concept needs to go.
The second big problem area
is the requirement that an individual has to have a permit. It follows that if
you have a permit you can enter a permit room and drink. You can also buy
alcohol from a vendor. With a permit you can store and transport alcohol. More
on that later. To get a permit you have to be 25 or more. You need a
certification from a doctor that you need to consume liquor for the
preservation of your health and then you apply for a permit with a fee, address
proof, age proof and a photograph. You get a yearly permit for just Rs 100/-
and a lifetime permit for a bargain of Rs 1,000/-. Once you have this, you can
drink. Besides a regular permit, there are several types of permits on offer. A
temporary permit which lasts up to 24 months; an Emergency permit where you
require to show dire emergency to consume alcohol; a Special permit available
to diplomats; a Visitors permit for guys who don’t live in Maharashtra but are
only visiting; an Interim permit which lasts for a day and a Tourists permit
which is available to non Indians.
As a permit holder [a
regular permit] you can at any time only posses 12 Units of alcohol [sub Rule (6) of Rule 70D of the Bombay
Foreign Liquor Rules 1953]. 1 unit is 750 ml of hard liquor or 1500 ml of
wine or 2600 ml of beer. Anything more than 12 units will invite prosecution.
Before reading further please take stock of the booze at home!! If you want to buy
some alcohol, you need to go to a liquor vendor and give him your permit. Be
aware that you can only buy enough to make up the 12 units you are entitled to.
You cannot have more than 12. Alas, there can be no wine connoisseurs in
Maharashtra with a large cellar containing several hundred bottles of wine.
Maharashtra promotes the growing of grapes and manufacture of wine!
When go to a shop to buy
your permitted quota of alcohol, the vendor is supposed to enter your permit
details in his register before he hands over your liquor. The same is true when
you consume alcohol in a restaurant – a permit number must be entered against
your purchase. Of course no one obeys any of this. Not only can you buy as many
units as you like but to make matters worse, you don’t really even need a
permit. All vendors and restaurants have literally hundreds of permit numbers
that they fill into the registers every time they sell you the booze. What this
means is two things. Firstly, if you are foolish or naive enough to give a
vendor or restaurant your number, he will add your permit to his database and
use the number for his sales. Thus, you will find that you have bought not 12
but hundreds of units clearly breaching the law. On the flip side is that fact
that there are literally hundreds of permit holders who are buying booze far
far in excess of their allowance. Imagine what would happen if Dhoble puts two
and two together, off to jail my friend and no defence!
As a permit holder you can
offer any part of the liquor possessed by you to any other permit holder. You
could also transport your permitted quota at will. If your permit is suspended
or revoked for any reason, you have to return the alcohol. You cannot continue
to hold it. You will get your money back after expenses are deducted.
As a permit holder you have
great immunity. You can buy, transport and consume the alcohol without much
risk. I suggest you get yourself and your spouse a lifetime permit as soon as
possible. If you have more than 12 bottles of booze, drink the excess quickly
before Dhoble turns up. It’s not that difficult getting a permit, get one soon,
and get a lifetime permit.
Priti Chandriani is in a
pickle if you ask me. For those of you who don’t know what happened to her do
read this. The complaint against her was clearly motivated, which has
been confirmed by the Police who say they were acting on a ‘tip off’. Priti had
some 20 units of alcohol at home. More than the 12 units allowed. [I like the
way I have morphed into units instead of bottles] To make matters worse she had
no liquor permit. She lived with her parents. They had no permits either. Big
problem if you ask me. To compound the problem, she was making liquor
chocolates. She claims they were for her personal consumption. During my
research for this post, I read The Special Permits And License Rules, 1952.
Rule 6 which was introduced in April 1974, clearly states that any person
desiring to manufacture liquor chocolates and desiring to sell them to permit
holders shall have to apply for a license to do so. Therefore, the law clearly
contemplated in 1974, (surely not as far back in time to qualify as archaic), states
that liquor chocolate manufacturers needed to be licensed. I do hope she is
able to demonstrate that she does not sell the chocolates. If she did sell them
she would really be in trouble, holding booze without a permit and selling chocolates
without one too!! Not a happy position.
The Special Permits And License Rules, 1952 provide that liquor chocolates can be sold to only permit holders. On one level, this is logical, though not entirely sensible. Today imported liquor chocolates are openly and legitimately sold in upmarket stores. There is not a single restriction of anyone purchasing them. So obviously this Rule too is only breached and never followed, till poor Priti got into a pickle.
This takes me to my question. You cannot consume alcohol without a permit, this much is clear. For the moment, leave alone the fact that none of these regulations are complied with. Assume you do not have a permit and you are in a restaurant [I am talking of a non Jain one here please] and you order a Risotto or Beef Bourguignon both of which have wine as an essential ingredient or a Steak Diane which has Brandy or a Christmas Cake which has Rum and Brandy or anything with a Red wine or White Wine sauce, could you be in breach of the Bombay Prohibition Act, 1949? What happens if your underage son or daughter eats any of these dishes? Big big trouble if Dhoble is around.
The Special Permits And License Rules, 1952 provide that liquor chocolates can be sold to only permit holders. On one level, this is logical, though not entirely sensible. Today imported liquor chocolates are openly and legitimately sold in upmarket stores. There is not a single restriction of anyone purchasing them. So obviously this Rule too is only breached and never followed, till poor Priti got into a pickle.
This takes me to my question. You cannot consume alcohol without a permit, this much is clear. For the moment, leave alone the fact that none of these regulations are complied with. Assume you do not have a permit and you are in a restaurant [I am talking of a non Jain one here please] and you order a Risotto or Beef Bourguignon both of which have wine as an essential ingredient or a Steak Diane which has Brandy or a Christmas Cake which has Rum and Brandy or anything with a Red wine or White Wine sauce, could you be in breach of the Bombay Prohibition Act, 1949? What happens if your underage son or daughter eats any of these dishes? Big big trouble if Dhoble is around.
Is this really what is
intended by the Bombay Prohibition Act, 1949? Do we really need it with such a
great degree of useless compliance requirements? I really think not. I think
that manufacture and sale of alcohol should be regulated, but more sensibly.
The requirements to have permits for individuals should be done away with. Let
there be a general law that persons below a benchmark age should not be served
alcohol. Let’s do away with stuff like licensing of liquor chocolates and
believing that ‘liquor laden’ food can
get you intoxicated. Let’s just grow up a bit.
As I have said earlier, the
complete flouting of the law by all concerned, whether it is vendors, restaurateurs
and us punters is now the norm. To reverse this situation and make everyone
comply is a huge task and one which our enforcement authorities cannot possibly
undertake. After all these years of slippage it’s probably best to change the
law on the lines I suggested. Has Dhoble and the Excise authorities who
arrested Priti done any wrong or acted beyond the law. Reading reports, I do
not think so. I just think that this ad hoc application of the law has caused,
and will continue to cause, huge unhappiness as feelings of vindictiveness, high-handedness
and what appears to be a class war takes centre stage. Also it’s just so unfair
to single out one or two when wholesale breach is the order of the day.