Alcoholism 9th Sem

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 alcoholrelated 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 drugabuse 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 offshoots 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