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PC: Business Standard

Context:

Recently, in Majitha, Amritsar district of Punjab, 21 individuals aged 26 to 80 perished and 10 others were badly injured after reportedly drinking bogus booze.

Illicit Alcohol Tragedies

• Hooch Tragedies: Commonly referred to as "hooch tragedies" or "spurious liquor cases".
• The most recent occurrence occurred near Amritsar, Punjab, and claimed the lives of at least 23 people.
• Underlying Causes: A bleak pattern of poverty, greed, and regulatory failure.
• Victims are often low-wage earners looking for affordable booze.
• Bootleggers exploited the end of a supply chain.

What systemic concerns lead to the frequent hooch disasters in India?

• Poverty and Social Vulnerability: Poor day-wage laborers frequently use cheap illicit liquor as a coping method. For example, the victims of the 2023 Punjab hooch tragedy were primarily low-income.
• Methanol, an industrial chemical, is cheap, easily pilfered, and frequently utilized in counterfeit liquor despite being exceedingly dangerous. For example, bootleggers dilute methanol to produce hooch, as evidenced by multiple mass poisoning instances.
• Weak Regulatory Oversight and State Capacity: Inadequate methanol transport controls and a lack of interstate coordination allow for theft and unlawful use. Despite recurrent accidents, there is no centralized mechanism for monitoring methanol transit.
• Corruption and Stakeholder Nexus: A close relationship between bootleggers, local politicians, and police frequently protects the perpetrators. In many hooch cases, cops are suspended after the catastrophe, but there is no long-term responsibility.
• Ineffective Legal Enforcement: The use of laws like the Poison Act is rare, and convictions are infrequent due to insufficient evidence or prolonged trials. For example, in the 2015 Malvani case, just four of the fourteen accused were convicted after nine years.

Poison Act Law The Poison Act, 1919 is a legislation enacted in India to regulate the possession, sale, and import of poisons in order to prevent misuse and ensure public safety. It is a pre-independence law still in force with various state amendments. The Essential Commodities Act The Essential Commodities Act of 1955 regulates the production and distribution of vital goods, including alcohol ingredients, to avoid stockpiling and unlawful diversion. For example, methanol supply is regulated to prevent pilferage, which drives the illicit liquor trade.

Who is largely responsible for spurious liquor deaths?

• Bootleggers and Illicit Manufacturers: They make and sell harmful brews, frequently employing hazardous substances like methanol for profit. For example, in the 2023 Punjab hooch case, bootleggers used methanol-laced booze, resulting in at least 23 deaths.
• Corrupt Law Enforcement Agencies: Police officers frequently disregard criminal activity due to bribery or political pressure, allowing the supply chain to flourish. For example, following the Punjab incident, several police personnel were suspended due to negligence.
• Regulatory Authorities and State Governments: Weak control of methanol distribution, a lack of tracking methods, and weak enforcement of prohibition laws result in repeated failures. For example, states lack effective frameworks to oversee industrial alcohol flow, which allows for diversion.
• Local Politicians and the Political Nexus: Some politicians promote or protect bootleggers for electoral or financial reasons, jeopardizing public safety.

Failure of Legal Framework in Ensuring Convictions in Illicit Liquor Cases

• Weak Application of Existing Laws
  
  
• Cases are usually registered under general criminal laws or state prohibition laws, not under stringent laws like the Poison Act or organized crime statutes.
  
  
• This leads to weaker charges and diluted prosecution.
  
  
• Example: In the 2015 Malvani hooch tragedy in Mumbai where 105 people died, 10 out of 14 accused were acquitted after 9 years. None were charged under the Poison Act, reducing the severity of legal action.
  
  
• Poor Evidence Collection and Investigation
  
  
• Law enforcement often fails to gather scientific and documentary evidence, link the supply chain, or prove intent and causation beyond reasonable doubt.
  
  
• Example: In the 2023 Bihar hooch tragedy, forensic reports were delayed or inconclusive, severely weakening the prosecution’s case.
  
  
• Lack of coordination between investigating agencies and poor forensic infrastructure further hampers conviction.
  
  
• No Central Regulatory Mechanism for Methanol
  
  
• Methanol is commonly used in illicit liquor but is legally used in industrial applications, making it non-criminal in itself.
  
  
• There is no centralised tracking or licensing framework to monitor methanol distribution, allowing bootleggers to easily divert it from legitimate sources.
  
  
• Example: Bootleggers procure methanol from licensed dealers across states, making it difficult to fix legal accountability on any specific actor.
  
  
• Legal Challenges in Prosecution
  
  
• Charges often include murder, attempted murder, and prohibition violations, but lack specific provisions to tackle illicit liquor networks.
  
  
• Rare convictions: As seen in the Malvani case, even mass casualties haven’t ensured justice.
  
  
• Interstate Transport Issues: Methanol movement across states calls for an urgent central regulatory framework to monitor and control its misuse.
  
  

Preventing Methanol Diversion into the Illicit Liquor Trade: Policy Measures and Way Forward

Centralised Methanol Monitoring Framework:

• Establish a nationwide, real-time tracking system for methanol production, transport, and sale.
  
  
• Use technologies such as barcoding and GPS tracking, similar to the track-and-trace system used in pharmaceuticals.
  
  
• Ensures transparency and accountability, reducing theft or diversion risks.
  
  

Tighter Regulation and Licensing of Dealers:

• Implement strict licensing protocols for methanol manufacturers, distributors, and retailers.
  
  
• Conduct regular audits and surprise inspections to monitor compliance.
  
  
• Cancel licenses of dealers found violating norms.
  
  
• Example: Some states classify methanol as a Class B poison under the Poison Act, enforcing tighter controls.
  
  

Criminal Liability for Supply Chain Negligence:

• Enact legal provisions to hold manufacturers and transporters liable for negligence or complicity in diversion.
  
  
• Impose stricter penalties and jail terms to deter collusion.
  
  
• Example: In the 2020 Punjab hooch tragedy, lack of legal action against upstream suppliers showed the need for stronger deterrents.
  
  

Root Causes and Long-Term Solutions

Corruption in Enforcement:

• Widespread corruption in law enforcement agencies facilitates illegal methanol distribution and weakens regulatory efforts.
  
  

Socioeconomic Drivers:

• Poverty, illiteracy, and social inequality increase vulnerability to consuming illicit liquor.
  
  
• Lack of awareness about the dangers of methanol-laced liquor exacerbates the problem.
  
  

Comprehensive and Holistic Approach:

• Policy response must integrate law enforcement reform, anti-corruption measures, and public health awareness campaigns.
  
  
• Long-term strategy should focus on poverty alleviation, education, and social equity to reduce demand and dependence on illicit liquor.

Practice Question: Q. Explain how narco-terrorism has emerged as a serious threat across the country. Suggest suitable measures to counter narco- terrorism.