Introduction

Alcoholism may be conceptualized as crime without victim i.e.addict

himself is the victim who becomes a prey of its misuse. Alcohol plays a
large role in criminal activities and violence. Excessive drinking has the
ability to lower inhibitions, impair a person’s judgement and increase the
risk of aggressive behaviors. Because of this, alcohol-related violence and
crime rates are on the rise throughout the country. Being intoxicated in
inappropriate circumstances can be a crime, such as drunk in public
and driving under the influence (DUI). Alcohol abuse can increase the
likelihood that individuals will commit certain crimes such as assault or
homicide either by reducing their inhibitions or judgment or by increasing
their agitation and anger. Finally, being the victim of certain types of
crimes such as child or sexual abuse makes it considerably more likely that
some individuals will develop alcohol abuse disorders later in life. The use
of alcohol and drugs can negatively affect all aspects of a person’s life,
impact their family, friends and community, and place an enormous burden
on Indian society. One of the most significant areas of risk with the use of
alcohol and drugs is the connection between alcohol, drugs and crime.
Alcohol and drugs are implicated in an estimated 80% of offenses leading
to incarceration in the India such as domestic violence, driving while
intoxicated, property offenses, drug offenses, and public-order offenses. A
number of individuals that serve time in jail have committed alcohol-
related crimes. Offenses range from minor to serious and include property
crime, public-order offenses, driving while intoxicated, assault and
homicide. On average, roughly 40 percent of inmates who are incarcerated
for violent offenses were under the influence of alcohol during the time of
their crime. Many of these criminals had an estimated blood alcohol
content (BAC) level of more than three times the legal limit at the time of
their arrest.
Alcohol, more than any illegal drug, was found to be closely associated
with violent crimes, including murder, rape, assault, child and spousal
abuse. About 3 million violent crimes occur each year in which victims
perceive the offender to have been drinking and statistics related to alcohol
use by violent offenders generally show that about half of all homicides
and assaults are committed when the offender, victim, or both have been
drinking. Among violent crimes, with the exception of robberies, the
offender is far more likely to have been drinking than under the influence
of other drugs.
 Main causes of alcoholism

Alcoholics take to drinking for a variety of reasons. The factors mainly

responsible for the spread of this evil are :--

1. Rapid industrialisation and urbanisation have ushered a new way of life

with new values like permissiveness. As a result, the age-old inhibitions,
taboos and traditional social control mechanisms have ceased to have force.
Many cases of alcohol addicts arise after apparent failure in business or
professional life.

2. Unemployment is also an important factor contributing to drug and alcohol

addiction especially among youths.

3. The lack of parental care and control partly due to working situation of
both spouses and disintegration of joint family system are also contributory
factors to encourage this vice. The menace of alcohol abuse is more
common among the middle, upper-middle, and high economic class
families. Urban areas seem to be more affected by this vice.

4. People often take alcohol for relief from painful illness and ultimately get
addicted to it. Besides, there are some addicts whose neurological heritage
is such that they find it difficult to survive without the use of alcohol and
this ultimately makes them habitual alcoholics.

5. Frustration and emotional stress due to failures, sorrows or miseries of life,

diverts people to join the company of addicts. For them drugs or alcohol is
a medicine-a blessing in disguise. In course of time they become addicted
to this vice.
6. Hippie-culture also detracts youngsters to drug addiction and they start it as
a ‘fun’ or enjoyment. They start consuming drugs or alcohol on an
experimental basis out of fun and enjoyment. The frequency of
consumption gradually increases due to its narcotic effect and finally a
good majority of them turn out to be drug addicts and habituals.

7. The lack of knowledge of child psychology and communication-gap

between parents and young addicts are also contributory factors for drug-
abuse and alcoholism. People who do manual work often believe that use
of drugs such as alcohol, opium, ganja, tobacco, gutka etc. provides them
added strength and vigour‘gto withstand hard labour. This delusion of
physical vitality by use of alcohol or narcotic drugs ultimately makes them
confirmed addicts.

8. Curiosity is perhaps the main reason behind starting substance use followed
by peer pressure and depression and stress, hence early identification is
essential. Studies reveal that substance-abuse disorders are common among
school-going children. Timely counseling or referral for treatment may
prevent children from falling victim to substance abuse.

9. Social disorganisation is also a contributing factor for the menace of drug

abuse or misuse. Frequent family strifes and breakdowns due to poverty,
temperamental differences, neighbourhood influences etc. may divert a
person to alcohol or drug consumption to overcome his domestic and
family problems. This may itself be a cause of tension and quarrel in the
family. Such persons ultimately fall a prey to drug abuse.
The process of alcoholism sets in when a person knowingly or
unknowingly begins to consume alcohol or narcotic drug as a medicine for
a sound sleep at night or to get stimulation for work or to get relief from
domestic problems or to repress depression, resentment, or to get rid of
disturbing mental restlessness and so on. He prefers to remain in the world
of imagination rather than facing realities of life. Gradually, he becomes
addicted to alcohol or drug consumption and his dependence on these
intoxicants increases at arelatively faster rate. Finally, he reaches a stage
when he cannot live without wine or drug since it becomes his life-habit.

It must be stated that the use of opium and cannabis in the form of ganja
and bhang was tolerated in India and had a religious sanction but addiction
to them was confined to aged persons only. In modern times addiction has
affected the Indian society to such an extent that even journalists,
politicians, educationists etc. have started talking about this problem,
particularly in college campuses.
Measures to Control Alcoholism

Efforts to control alcoholism have been made by introducing stringent

legislative measures to regulate the manufacture, transportation and sale of
these products and ban on their possession or use for other than medical
and scientific purposes. The use of alcohol for cure or treatment purposes
has, however, been permitted to cater to the legitimate needs through a
proper licensing system and regulatory measures.

Apart from regulatory measures to control alcoholism, the system of

licensing physicians to give drugs to addicts at a reasonable rate also helps
in preventing their exploitation from the underworld peddlers and thus
mitigating this crime.

In India, various legislative measures have been introduced to control

alcoholism and sale of alcoholic beverages. Several States introduced
prohibition laws during the preceding decades. The Prohibition Enquiry
Committee appointed by the Planning Commission in its report of June
1955, recommended that the scheme of prohibition and anti-drug should be
integrated with the country’s development plans with a view to control
alcoholism and improve the standard of living of the people. The
Committee also suggested that a Central Prohibition Committee be
established to review the progress of prohibition and co-ordinate the related
activities in different States. Accepting the recommendations of the
Committee the Lok Sabha by a resolution passed on March 19, 1956 made
prohibition an integral part of the Second Five-Year Plan. In result, several
States introduced regulatory measures to curb the tendency of alcoholism.
Some States resorted to complete prohibition while others preferred to
follow a phased programme.

Despite these prohibitory measures to control alcoholism, the consumption

of liquor and other intoxicating drugs has hardly been reduced. The theory
of creating scarcity of liquor by prohibitory laws with a view to
discouraging ‘drinking’ habit has not yielded desired results.
On the contrary, demand for liquor has all the more increased' and opened
new vistas for blackmailing, smuggling and illicit distilling. The
Government have realised that strict laws prohibiting sale and consumption
of alcohol have not delivered the goods and the policy needs to be reviewed
once again. In fact, the consumption of wine and liquor has taken the shape
of a fashion in today’s ultra modern societies. Therefore, it cannot be
curbed by prohibitory laws unless people who habitually drink voluntarily
give it up. It is for this reason that many States have withdrawn their
prohibition laws and are content with a balanced regulatory policy under
which liquor is available for sale only in licensed shops at a fair price. The
heavy loss of revenue due to "dry-laws" is perhaps the real cause which has
prompted the States to withdraw ‘prohibition’. Presumably, the State
Governments prefer to risk the dangers of alcoholism rather than losing
crores of rupees by way of revenue. In result, the liquor industry has
thrived in huge proportions and has gained importance among the public in
spite of continued opposition.

As stated earlier, Article 47 of the Constitution of India contains a mandate

relating to policy of prohibition. It casts a duty on the Union and the States
to initiate adequate measures to implement this directive principle for
improvement of public health. This subject is at present in the State List.
But in view of the laxity on the part of State Governments to implement the
policy of prohibition on liquor. It is desirable that a national policy on the
subject be framed. This would obviously require the transference of this
subject from State List to the Union List as a Central subject. The
consumption of liquor at public places, functions, farewells and receptions
etc. must be totally banned and violation of liquor laws should be severely
dealt with.
Drunkenness and Criminal Responsibility

Consumption of alcohol and intoxicating beverages results into

drunkenness. Therefore, a word must be said about ‘drunkenness’ as a
defence for criminal responsibility. Section 85 of the Indian Penal Code
provides :

"Nothing is an offence which is done by a person who at the time of doing

it, by reason of intoxication, was incapable of knowing the nature of the
act, or that what he is doing is either wrong or contrary to law provided that
the thing which intoxicated him was administered to him without his
knowledge or against his will."

The above provision makes it clear that voluntary drunkenness is no excuse

for the commission of a crime. Nevertheless, drunkenness, does not, in the
eye of the law, make an offence more heinous. But if a man is made to
0drink through stratagem or the fraud of others or through ignorance or any
other means causing intoxication without the man’s knowledge or against
his will, he is excused. If a person, by the unskilfulness of his physician or
the connivance of his enemies eats or drinks such a thing as causes frenzy,
this puts him in the same condition with any other frenzy and equally
excuses him.

Section 84 of the Indian Penal Code provides immunity from criminal

responsibility on the ground of unsoundness of mind. Unsoundness of mind
can be caused due to madness, sickness, lunacy or intoxication. Thus,
insanity brought on by drunkenness is a good defence provided it is caused
involuntarily.
A person is said to be insane when he does not, and cannot understand the
nature and quality of his act, or is incapable of knowing that what he is
doing is wrong or contrary to law. Intention or guilty knowledge being an
essential element of the crime, the fact that the accused was intoxicated at
the time he committed the act may be taken into consideration in deciding
whether he formed the intention necessary to constitute the crime.
Cases

R. v. Tandi

In this case, the accused, a woman who was habitually taking ‘yarmouth’
or ‘barley’ brand of moderate alcohol daily consumed at full bottle ‘Vodka’
a highly intoxicant variety of liquor on the day of incident. Having lost
control over herself and her emotions and in a fit of aggression, she
strangulated her eleven years old daughter to death. She raised the plea of
insanity in her defence. But the Court disallowed her plea and observed that
she had deliberately and voluntarily consumed a heavy dose of highly
intoxicant ‘Vodka’ instead of her usual mild drink in order to lose her
mental ability to think and act rationally. Therefore, it was a clear case of
voluntary intoxication for which the defence of insanity must fail.

Bablu alias Mubarik Hussain v. State of Rajasthan

In this case, the accused (appellant) killed his wife, three daughters aged 9
years, 6 years and 4 years and son aged two and half years on December 9,
2005. He was convicted by ADJ (Fast Track), Nagpur for the offence under
Section 302, IPC and sentenced to death which was affirmed by the High
Court.

The appellant took the plea of drunkenness in his defence under Section 85,
IPC. which deals with act of a person incapable of judgment by reason of
intoxication. Rejecting his plea, the Apex Court held that Section 85
provides defence to a person who shows that intoxication was against his
will and or the thing which intoxicated him was administered to him
without his knowledge. There being no specific plea taken in the present
case about intoxication having been administered without appellants
knowledge simply means an ignorance of fact that what is being
administered to him is or contains or is mixed with an intoxicant. The
defence of drunkenness can be availed of only when intoxication produces
such a conduct as the accused loses the requisite intention for the offence.
The onus of proof about reason of intoxication due to which accused had
become incapable of having particular knowledge in forming particular
intention is on the accused, which he failed to prove in the instant case. The
act of multiple murders of his wife and innocent children done by appellant
in a brutal manner and diabolic in conception and cruel in execution and
thereafter coming out of his house shouting that "he had killed the five
bastards by strangulation one by one", itself shows that he was well aware
of the nature and gravity of his inhuman act.

The Supreme Court in this case noted that plea of drunkenness can never be
an excuse for the brutal, diabolic acts of the accused. There upholding the
death sentence awarded to the appellant by the trial court and the High
Court, the Apex Court held that the case squarely falls under the category
of ‘rarest of rare’ cases to warrant death sentence and therefore, appeal
deserves to be dismissed.
Conclusion

Studies on alcoholism, however, reveal that the problem of alcoholism is

not confined to cities alone but it persists in rural areas as well. It equally
affects the economically depressed classes, middle classes, upper classes
and ultra-modem social groups. However, in cities mostly youth and
students are affected whereas in rural areas the agriculturists and labour
classes are generally addicted to alcohol.

More recently, special treatment centres have been set up by social welfare
agencies to deal with alcoholics and drug addicts. In Bombay. The
Samaritans a social welfare agency is doing commendable work in the area
of rehabilitation of drug addicts. It is high time that Government should
also consider setting up special treatment centres for the rehabilitation of
drug-addicts and alcoholics.

The modem processes of development have opened the floodgates of

offences and alcoholics are no exception to this global phenomenon. It
hardly needs to be stressed that alcoholism and drug addiction are the off-
shoots of modern fast changing social patterns, hence these twin problems
should be tackled in their socio-legal perspective. Then only concrete
results may be possible. Undoubtedly, intensive surveillance on the border
check-posts and awareness among the public about the evil effects of drug
and alcohol addiction have brought about a decline in alcohol and drug
trafficking in recent years but much more still remains to be done in order
to eradicate this menace which is damaging the moral fabric of Indian
society and culture.
 Synopsis

Alcoholism

Introduction

Main causes of Alcoholism

Measures to control Alcoholism

Drunkenness and Criminal Responsibility

Cases

Conclusion