Context:

• The Himachal Pradesh Excise (Amendment) Bill, 2024, represents a significant legislative effort to tackle the widespread issue of illegal alcohol trade in the state. Recently passed by the Himachal Pradesh Assembly, this bill introduces a range of stringent measures and penalties aimed at curbing the manufacturing, trafficking, and consumption of illicit substances.

Key Points:

Objectives

The primary aim of the Himachal Pradesh Excise (Amendment) Bill, 2024, is to combat the illegal alcohol trade and prevent the associated tragedies linked to the consumption of harmful substances. The bill addresses several critical areas:

• Increased penalties: Fines for various offenses related to illegal alcohol have been raised from ?3 lakh to ?5 lakh, reinforcing the government's zero-tolerance stance on such activities.
• Stricter punishments for adulteration: The bill imposes harsher penalties for the adulteration of alcohol, particularly concerning the addition of harmful substances that pose serious health risks.
• Protection of minors: Provisions for severe penalties for involving minors in illegal activities highlight the government's commitment to protecting vulnerable populations from exploitation and harm.
• Cognizable offenses: All offenses under the amended bill are now cognizable, enabling law enforcement to arrest offenders without a warrant, which is expected to streamline the legal process and improve enforcement efficiency.
• Property seizure: A groundbreaking amendment allows for the seizure of properties belonging to individuals involved in illegal activities, including those of relatives and associates. Himachal Pradesh becomes the first state in India to implement such a provision, setting a significant precedent.
• Establishment of excise police: The bill proposes the creation of an Excise Police force dedicated to managing excise cases, thereby enhancing enforcement and discouraging illegal activities.

Legislative changes

• The Himachal Pradesh Excise (Amendment) Bill, amends 13 sections of the original Himachal Pradesh Excise Act, 2011. These amendments aim to strengthen the legal framework and equip authorities with more effective tools to combat illegal alcohol trade.
• The urgency for these changes was underscored by alarming incidents, including a tragic case in January 2022, where eight individuals died after consuming harmful substances in Sundernagar, highlighting the need for stricter laws and robust enforcement mechanisms to protect public health.

Potential implications

The Himachal Pradesh Excise (Amendment) Bill is poised to have several implications for the state:

• Deterrence of illegal activities: By increasing penalties, confiscating property, and enhancing enforcement, the bill is expected to deter individuals and groups involved in illegal trade.
• Public health safeguards: Stricter measures against adulteration and the sale of harmful substances will help protect public health, potentially reducing alcohol-related deaths and disabilities.
• Social order improvement: The bill's focus on preventing minors from engaging in illegal activities can lead to a reduction in crime rates and an overall improvement in social order.
• Boosting state revenue: By curbing illegal activities, the state can ensure that more sales occur through legal channels, thereby increasing excise revenue.
• Setting a precedent: As the first state in India to allow for property seizure in cases involving illegal trade, Himachal Pradesh sets a significant precedent that could influence other states facing similar challenges.