The latest hooch tragedy in Kallakurichi, Tamil Nadu (TN), in which 61 people died after consuming methanol-spiked moonshine, has triggered State-wide concern over the rampant availability of illicit liquor. On June 24, The Hindu reported that over 100 people were admitted to government hospitals in Kallakurichi, Villupuram, Salem, and Puducherry. Inadequate policies and the ineffectiveness of local authorities in curbing the sale of hooch have come to the fore.
In response to this, Chief Minister M.K. Stalin constituted a one-man commission headed by Justice B. Gokuldas, a former High Court judge, to conduct an inquiry into the tragedy. He also announced compensation of Rs.10 lakh to the kin of the deceased and Rs.50,000 for those in hospitals. Four people were arrested following a preliminary inquiry including Chinnadurai of Sankarapuram, the prime accused who supplied the brew, bootlegger Govindaraj alias Kannukutty, his wife Vidya and brother Damodaran. The government transferred District Collector Sravan Kumar Jatavath and placed the Superintendent of Police Samay Singh Meena under suspension. A CB-CID probe was also ordered.
On June 29, days after the tragedy, the State government amended The Tamil Nadu Prohibition Act, 1937 which governs the manufacture, sale, and distribution of liquor in TN. Now called The Tamil Nadu Prohibition (Amendment) Act, 2024, it received Governor R.N. Ravi’s assent on July 11. Changes to the Act include increased punishment term and fine for the manufacture, possession, and sale of illicit liquor under sections 4,5,6,7, and 11.
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According to the State government’s official release, the Act aims to completely eradicate hooch from the State. The release also stated that a maximum punishment of 10 years Rigorous Imprisonment (RI) and a penalty of up to Rs.5 lakh will be applicable for offenders. In cases of deaths due to consumption of illicit liquor, the punishment will be RI for life and a fine not less than Rs.10 lakh, it stated.
“Hooch” refers to poor-quality alcohol and is derived from “Hoochinoo,” a native Alaskan tribe that was known to produce very strong liquor. Unlike branded liquor produced in factories with equipment and rigorous quality checks, hooch is made in less regulated settings.
TN is no stranger to hooch tragedies. Deaths due to consumption of illicit liquor can be traced back to the mid-1970s. In April 2016, Scroll.in reported that the first hooch-related deaths, post-Independence, took place in 1975 and 1976. Fast forward to recent years, data released by the National Crime Records Bureau (NCRB) show that there were 20 hooch-related deaths in 2020; six in 2021; and 16 in 2022.
The TN government’s policy note of the Home, Prohibition, and Excise Department (2023-2024), however, paints a different picture. It claimed that there were no deaths in 2022. Furthermore, the government informed the Assembly last year that there had been “no hooch tragedies in the State” in the last 14 years due to its “zero tolerance” policy towards blending units, as reported by The Hindu.
Law on liquor sales and manufacturing
The Tamil Nadu Prohibition Act, 1937, governs the manufacture, sale, and distribution of liquor in the State via the Commissioner of the Prohibition and Excise Department. The department is under the administrative control of the Secretary, Home, Prohibition & Excise Department. It is empowered to administer and monitor the various provisions of the Act and the rules under Section 54.
Section 54(1) of the Act empowers the government to make rules to carry into effect its provisions on: the issue of licences and permits; prescribing penalty for wastage or shortage of spirits above the prescribed limits; procedure as to denature spirit; disposal of articles confiscated and of the proceeds thereof; for the collection of duties on all kinds of liquor/drugs; exemption from or suspension of the operation of any rule made under this Act; authorising any officers or persons to exercise any power; and perform any duty under this Act.
AIADMK supporters protest against the Tamil Nadu government over alleged sale of illicit liquor in the state, in Chennai on June 24.
| Photo Credit:
ANI
Despite widespread deaths and the existence of laws, why does hooch still have a formidable presence in Tamil Nadu’s liquor market?
Soumya Shankar Raman, Head, Therapy & Operations at T.T.K Hospital, Chennai has worked to spread awareness about the dangers of consuming hooch across TN. She told Frontline that a major reason behind people purchasing illicit liquor is the high prices of alcohol sold in TASMAC shops. “Poor people can not afford that alcohol and, moreover, they get a kick from consuming liquor spiked with a substance.” She added that alcohol consumption is regularised among men who partake in physical labour during the day as “they depend on it to get rest and sleep”.
In June 2024, The Hindu reported that most of the hooch tragedies in India occur due to methanol contamination in liquor. The report stated that if methanol is diluted enough it could provide the same effect as ordinary liquor—a state of intoxication or “kick” for consumers. The government identified this as a danger in 2002 and as a result, brought methanol under the ambit of the Tamil Nadu Prohibition Act. The Tamil Nadu Denatured Spirit, Methyl Alcohol and Varnish (French Polish) Rules, 1959, was also amended to maintain control over methanol supply.
Who controls the sale of alcohol?
According to the Tamil Nadu Prohibition Act, the Tamil Nadu State Marketing Corporation (TASMAC), a State government-owned company, controls the wholesale and retail vending of alcoholic beverages in the State. Introduced in 1983 by the MGR-led AIADMK government, TASMAC shops were brought in as the only wholesale traders of arrack and Indian-made foreign spirits (IMFS). In 2003, the TN government abolished the interference of private parties in the liquor business and gave exclusive privileges of both wholesale and retail sales to the TASMAC shops, by amending the Act. Today, it is one of the State’s top sources of revenue.
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On June 21 2024, the TN government announced in the Assembly that the liquor sales for 2023-24 generated a revenue of Rs.45,855.67 crore (the government said the figure was subject to reconciliation), including Rs.35,081.39 crore in Value Added Tax (VAT) and Rs.10,774.28 crore in excise revenue. According to the figures released by the Prohibition and Excise Department, this is ₹1,734.54 crore more than the revenue of ₹44,121.13 crore during 2022-23. The policy note that was tabled in the house read: “The government is determined to take stern action against distillation, sale, and transport of illicit liquor, as well as the sale of narcotic drugs and psychotropic substances.”
Over the years different ruling parties have taken various steps to eradicate hooch-related deaths. In all instances, prohibition played a major role. The mass deaths in 1975 and ‘76 took place when the State was under prohibition and as a result, bootleggers, some of whom supplied hooch, rose in number. Citing this danger, the AIADMK government lifted the ban on arrack and toddy in 1981 but under monitoring. This lasted until January 1987 when DMK prohibited arrack and toddy again and introduced the Tamil Nadu Spirit Corporation (TASCO), to make IMFS and beer in 1989. This proved to be unsuccessful as mass deaths were recorded in 1990 leading to the DMK’s revival of arrack and toddy sales. The following year, the J. Jayalalithaa-led AIADMK government came to power and banned the manufacture and sale of country liquor. This lasted until 2003.
So, what is the solution?
When asked what a solution to the menace of hooch could be, Raman told Frontline that “prohibition is an ideal solution but unrealistic in practice”. She added that there are other concerns that prohibition would bring such as withdrawal among frequent alcohol-consumers. “I believe prevention is better than damage control and the key to prevention is spreading awareness.” She added that alcohol exposure begins at an early age among underprivileged people.
John Kaviarasu, a doctorate in social work who has researched illicit liquor consumption in TN told Frontline that prohibition is “absolutely not the solution to hooch consumption.” He said there must be legal reform with the consultation of sociologists, economists, psychologists, and legal experts. “Alcohol consumption is a complex issue with several implications. Hooch consumption cannot be eradicated with the current set of laws.”