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Against the spirit

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By No Author
Ever since the combined force of the Nepal Police and the traffic police have begun charging anyone who is ‘suspected’ of drunken driving, this topic has been much discussed. The detail that has caught people’s attention in particular is that drivers suspected of drinking and driving are kept in custody, prevented from contacting their families and forced to undergo accident related lessons. This harsh law is similar to laws in communist countries. In any democratic country, a person is innocent until proven guilty. The majority of the people are baffled by this radical enforcement, which has no place in any developed and democratic country.



Anyone driving must ensure he/she does not consume any alcohol whatsoever, given the punishment is fairly severe—charged for ‘drunk driving’, put in custody overnight, fined Rs.1,000, and forced to take a rules and regulation class. However, surprisingly, this stringent law has been imposed without adequately informing or educating the masses about it. Before beginning to convict people under new laws, it is imperative to give adequate notice.



To be sure, a law against drunken driving needs to be in place and should be enforced effectively. In Nepal; such a law has been long due, especially given the high rate of alcohol-related road accidents. However, the people are unhappy with the radical and high-handed stance taken by this government, which seems impractical.

There are several facets to this issue. Zero tolerance to alcohol could hamper our social intricacies. For Newars, every festival is celebrated by offering some alcohol to family and friends. Century old traditions can’t be wiped out overnight without any education or alternative solutions.



If this government has taken a stance that drinking alcohol is harmful for the public, it must remember that in growing economies and business societies, some degree of alcohol has become a norm. Drinking a glass of wine is easily acceptable in a majority of business communities in western countries. In China, signing of every business agreement or starting a business partnership starts with drinking some alcohol.



Zero tolerance is only enforced in very few countries, mostly in countries which have banned alcohol—where the alcohol industry is non-existent and alcohol has no social significance. For Nepal, alcohol has been woven into social norms for thousands of years, which is why such a radical enforcement is completely unrealistic. Additionally, the alcohol industry is the highest tax paying sector in Nepal. With such extreme crackdown on drunken driving, the government may also lose significant revenue.

The government should implement a more relaxed and liberal drunken driving policy as is widely applied in democratic countries.



Indications of some alcohol related businesses suffering are already being seen. Restaurant sales have reportedly dropped by around 80 percent, retailer’s sales by around 50 percent and manufacturer and importer’s sales by 40 percent. If this harsh punishment continues for the next few months, there are chances that restaurants will go bankrupt, followed by distributors and manufacturers. Not to forget, the highest taxpaying industry (alcohol and tobacco) could also suffer huge losses. It seems like economics has not been considered by the policymakers at all.



In my view, the government should implement a relaxed alcohol related policy which is widely applied in democratic countries. If a more liberal law is enacted, alcohol related business and industries will not suffer and people will have the freedom to enjoy a glass of wine at social gatherings. A balance between work and recreation is essential for every individual.



If people ‘work hard’ and ‘spend well’ on things they enjoy, including alcohol, the government also benefits. For instance, when people work hard, economic development and nation-building will move forward rapidly. In addition, if individuals earn more, they spend more. Various sectors will benefit from the money spent and the government will have higher tax revenue. Alcohol and liquor businesses and industries also play a significant role in a country’s economic development.

The only way to deal with this problem is a balanced solution that would ensure road safety without imposing extreme restrictions on citizens. I would suggest implementing the same enforcement rules as the US, Australia, UK or Canada. In western countries, 0.05 percent alcohol content in blood (two standard drinks) is acceptable while driving. It is a well established fact that drinking two standard drinks (670 ml beer or 80 ml of whisky) will not affect an individual’s driving skills.

Here’s how some of the countries have tackled this problem.



In Australia, the legal drinking limit varies from one state to another. However, in most states, the permitted alcohol content in blood for private car or bike drivers is 0.05 (almost equivalent of two standard drinks in two hours). No alcohol is allowed for public vehicle drivers (bus, taxi, or heavy vehicle).



In the US, every state has the right to enforce different alcohol limits but in a majority of states, the legal drinking limit is 0.08 percent (a little over two standard drinks every two hours) which is higher than in Australia. This legal limit has been brought down from 0.15 percent just a few decades back. For a public vehicle driver, the legal alcohol limit is 0.04 percent (one standard drink). Drivers under the age of 21 are prohibited from drinking alcohol.



The legal alcohol limit in the UK is 0.08 percent, the same as the US. As explained above, this is the equivalent of three glass of ordinary strength beer, or three glasses of wine, or three pegs of whisky for a man of average weight (60kg) in a two-hour interval.



Meanwhile, in Canada, there was a debate of whether to have 0.05 percent alcohol limit or 0.08 percent, for a long time. A referendum was held and the legal limit till this article was written was 0.08 percent.



To sum it up, drinking 650 ml of beer or 280 ml of wine or 80 ml of spirit within a two-hour interval (with food) for an average body type is the legal alcohol limit in most countries.



The Nepali government needs to do a serious re-think of the stringent drunken driving law it has enforced, in the context of the country’s socio-cultural and economic framework. We need to look at the laws that other nations have implemented, draw lessons from them and adapt them according to own context. A blanket zero tolerance policy is both draconian and unreasonable.



The author is the managing director, Ray Global Trading Pvt. Ltd., a leading wine, energy drink and vodka importer for Nepal



apashm@gmail.com



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