History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.37
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.37
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v7.c96.s2.37.1
Before leaving the subject of legislation vitally affecting Hindu society, some remarks will have to be made about the mentality of several Congressmen who appear to have great faith in making men moral by legislation. Article 47 provides that it is among the primary duties of the State to raise the level of nutrition, the standard of living of its people and the improvement of public health and that, in particular, the State shall endeavour to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health The Bombay State and a few other States in India embarked on a policy of total prohibition of intoxicating drinks. If there was to be a total prohibition of intoxicating drinks, it should have been an all India measure. Several States refused to have the prohibition law because there is loss of revenue in two ways, viz. the income from excise duties on liquors is lost and large sums of money have to be spent on establishments for preventing people from manufacturing illicit liquor. Art. 45 about free and compulsory education of children of school-going age (up to 14 years) was not strenuously observed by the Bombay State but it wanted to enforce Art 47 at all costs. Besides, there being no prohibition on an all India basis, what is an offence under law in the Bombay State is not an offence in Delhi and some other States at all. That takes away the moral basis from the measure. Besides, prohibitionists forget human psychology.
v7.c96.s2.37.2
When something is prohibited or becomes rare, many feel a fascination in breaking the law or trying to possess what is rare. Illicit liquor produced and kept under the most unhygienic conditions is being sold on a large scale and persons knowing this dare not inform the police for fear of being stabbed or killed by distillers of illicit liquor2640a Minister's cook was found engaged in manufacturing illicit liquor. In the present author's opinion prohibition has turned out to be a dismal failure, it tends to corrupt the police, it reduces revenue much needed for development purposes, illicit distillation has become a cottage industry and boot-leggers have acquired a vested interst in prohibition. Why horse-racing and betting are not prohibited by law is inexplicable, except on the supposition that many people entertain that Government is afraid of displeasing rich people who indulge in it. Wine and gambling have been besetting sins from the times of the Ṛgveda. Vasiṣṭha pleads for forgiveness of sins from Varuṇa in Ṛgveda VII. 86.6 saying that 'it is not one's own power that leads one to commit sin, it is fate, wine, anger, dice (gambling) and thoughtlessness'. In Ṛg. X 34 a gambler laments over his own frailty. Therefore, all that can be reasonably attempted is temperance and reducing the spread of the drinking habit; otherwise new and greater evils not contemplated in the ardour for suppression emerge. Vide p.
v7.c96.s2.37.3
1338 above for the warning given against startling changes based on Mr. Aldous Huxley's words. Another faddist attempt at improving morals by legislation is the recent Act prohibiting dowries, which came into force on first July 1961. The giving or taking or abetting the giving or taking of dowry or demanding a dowry directly or indirectly from the parents or guardians of a bride or bridegroom is punishable with imprisonment extending to six months or with fine extending to five thousand rupees or with both. The definition of dowry punishable²⁶⁴¹ under the Act is rendered practically nugatory by the explanation that presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of the section, unless they are made as consideration for the marriage of the said parties. This, instead of relieving the parents of marriageable girls from the payment of a dowry, would give rise to blackmail on the part of busy bodies in the town or the village of the parties. If this latter does not happen the Act will ordinarily remain a dead letter.