History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.37.1

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.