Open Access Research Article
DRUG ABUSE CRISIS IN INDIA: A SOCIO-LEGAL STUDY
Published Paper
Article Details
DRUG ABUSE
CRISIS IN INDIA: A SOCIO-LEGAL STUDY
AUTHORED BY - PARUL SHARMA,
PhD Research Scholar.
Department of Law, University of
Jammu.
ABSTRACT:
In India, drug addiction is a very
serious issue that is having a negative impact on many facets of society. Due
to the growing severity of the issue and shifting patterns in drug use,
particularly among young people, it has recently drawn more attention. The use of drugs has given rise to a distinct
subculture with its own standards, beliefs, and symbols. The health and happiness of an individual,
their family, their neighborhood, and their society are all negatively impacted
by this issue. The Narcotic Drugs and Psychotropic Substances Act (NDPS) of
1985 in India made drug trafficking, storage, and consumption crimes, making
drug users criminal offenders as well as victims of the drugs they are abusing.
This essay aims to address both the costs associated with criminalizing drug
users and the burdens associated with reviewing them as drug misuse survivors.
Additionally, it intends to focus on the rehabilitation of victims of drug
abuse as a means of "requesting decrease" of medications with the aid
of law enforcement agencies like the police, as also envisioned by the NDPS
demonstration. The article shifts criminological theories from mental to
deliberate decision-making, and it supports its claim with a continuous
intercession model of the legal approval entities with network, victims, and
guilty parties. The current study intends to investigate the varied
implications of the drug addiction problem, which affects the masses
physically, psychologically, economically, and socially. It also shows some potential remedies that
family, community, friends, and society could use to eliminate this problem.
KEYWORDS: Drug
addiction, drug abuse, psychotropic substance, jurisdiction, impact of drugs.
INTRODUCTION:
Drug misuse is a major issue in
India, impacting millions of people, particularly young people. According to a
countrywide survey done by the countrywide Drug Dependence Treatment Centre,
approximately 15.8 million adolescents aged 10 to 17 years in India are
addicted to substances. According to the report, alcohol is the most often used
psychoactive substance in India, after cannabis and opioids. The incidence of
opioid misuse in India (2.06%) is more than four times that of Asia (0.46%) and
more than three times that of the world (0.7%).
According to the poll, three out of every four drug addicts do not obtain
treatment1, showing a lack of sufficient policies and procedures to forestall
and treat substance misuse problems. The poll also discovered a shift in
psychoactive substance demand from traditional, low-potency plant-based goods
like opium to more lethal and manufactured products like heroin. Individuals',
families', and society's health, well-being, and productivity suffer as a
result of drug usage. Physical and mental illnesses, diseases that are
transmissible, criminal activity, assault, and social stigma can all result.
Other issues, including as terrorist activity, revolt, and drug trafficking,
can be exacerbated by drug misuse. Therefore, it is
important to raise awareness and educate people about the harmful effects of
drug abuse and provide them with effective prevention and treatment options.
These drugs are being abused and sold illegally at alarming rates. If the sale
of these chemicals, which provide addiction, isn't stopped, it will have
catastrophic effects on both the people who use them now and those who will use
them in the future. In the case of State of Punjab versus Baldev Singh, the
Supreme Court observed that the misuse of medications is a social ill that
highlights the negative effects of dealing in and abusing narcotics.
There is no doubt that
the administration, exchange, and use of pharmaceuticals, which is a marvel and
has become a plague, affects the State's financial strategies, taints the
system, and jeopardizes a nation's potential future. It damages society and
conveys a message of a cleared-out society. A social value that is hostile to
cure value is illegal. One of the first global attempts to address the issue of
medicine management across national borders was the United Nations Conventions
Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, which
took place in Vienna, Austria in 1988. This Convention has the endorsement of
the Indian Government".
CAUSES BEHIND THE DRUG ABUSE IN INDIA:
There are several
causes of drug abuse in India, which can be classified into biological,
psychological, social, and environmental factors. Some of the causes are:
1.
Biological factors: These comprise early drug use, mental health
conditions, and a familial or genetic history of addiction. Certain individuals
may be more susceptible to drug dependence because of their brain chemistry or
hereditary characteristics. Bipolar illness, depression, anxiety, and
post-traumatic stress disorder are among the mental health conditions that can
make a person more susceptible to drug misuse. Early drug use can disrupt the brain's
natural development and increase the risk of addiction in later life.
2.
Psychological factors: These encompass low self-esteem,
stress, absence of family engagement, peer pressure, and curiosity. Teenagers
and young adults who use drugs often do so to fit in with their peers or try
out new experiences. Peer pressure plays a big role in this. People who feel
abandoned or alone and who turn to drugs for solace or escape may also suffer
from a lack of family support or engagement. Since many turns to drugs as a
coping mechanism for their feelings or difficulties, stress can either cause or
exacerbate drug dependence. Drugs can provide persons with low self-esteem the
confidence or reassurance they need when they feel insecure or undeserving.
People who are exposed to media portrayals or glamorization of drug usage may
become curious and decide to use drugs for the first time.
3.
Social factors: These consist of cultural norms, violence,
crime, unemployment, and illiteracy. People who are desperate or despondent due
to poverty or unemployment may turn to drugs as a coping mechanism or means of
survival. The availability of treatment choices and knowledge of the negative
effects of drug usage might be impeded by illiteracy. People who have
experienced trauma or terror as a result of violence and criminality may turn
to drugs as a form of retaliation or defense. The acceptability or rejection of
drug usage in certain societies or groups can be influenced by cultural norms.
For instance, drug usage may be encouraged or made easier by certain religions
or traditions, while it may be forbidden or discouraged by others.
4.
Environmental factors: These comprise the drugs' quality,
accessibility, and availability. The ease of access to drugs in a certain
location or circumstance is referred to as availability. The affordability of
medications for potential users is referred to as accessibility. Potency or
purity of a substance is referred to as quality. These elements may have an
impact on drug availability and demand as well as the risk of addiction. For
instance, drugs that are cheap, easily accessible, and potent may draw more
users and lead to greater rates of addiction than those that are rare, costly,
and weak.
These are some of the
causes of drug abuse in India. However, it is important to note that drug abuse
is a complex phenomenon that cannot be attributed to a single cause. Rather, it
is the result of a combination of multiple factors that vary from person to
person and from situation to situation. Therefore, it is essential to
understand the individual and contextual factors that contribute to drug abuse
in order to prevent and treat it effectively.
The 8 different types of substance
abuse which are Alcohol, Cannabis, Opioids, Sedatives, Inhalants, Cocaine,
Amphetamine Stimulants, Hallucinogens.
Drug misuse can have either
short-term or long-term negative repercussions. It could have an effect that is
direct or indirect. The kind of medications taken also affects the results.
This is a list of the immediate impacts.
a. Alteration in heart rate
b. Variation in the blood pressure
c. cardiac arrest
d. Headache Psychosis
e. shift in hunger
The long-term impacts are Heart
conditions, Lung illness, Cancer, Hepatitis, AIDS.
REASON OF DRUG ABUSE IN INDIA:
India is situated between the two
major opium-producing regions of the world, the Golden Triangle (Burma,
Thailand, Laos, and Vietnam) and the Golden Crescent (Iran, Afghanistan, and
Pakistan). Adolescents and students use drugs as an escape from the stress of
their jobs or schoolwork. It is common knowledge that a young person without a
job becomes frustrated and turns to drugs. Peer pressure and other
psychological elements, such as the allure and sheer enjoyment of it, can push
teenagers to participate in risky behaviors that ultimately result in substance
misuse. People in the lower socioeconomic category who cannot have an
acceptable amount of food, took medicine to sleep or relax. The ISI, which is
the main source of drugs, together with criminal organizations and drug cartels
are the root causes of the drug problem. Drugs are being smuggled into the
nation through the South Asian and African routes.
IMPACT OF DRUG ABUSE:
Drug abuse is a serious
and widespread problem that affects millions of people and society in many
ways. Some of the major impacts of drug abuse are:
·
Health effects: Drug abuse can cause various physical and
mental health problems, such as organ damage, infections, overdose, and death.
Drug abuse can also worsen existing mental health conditions or trigger new
ones, such as depression, anxiety, psychosis, and suicidal thoughts. Drug abuse
can also lead to dependence and withdrawal symptoms, which can be painful and
dangerous.
·
Social effects: Drug abuse can harm the relationships and
well-being of individuals, families, and communities. Drug abuse can cause
people to neglect their responsibilities, lose their jobs, drop out of school,
or engage in criminal activities. Drug abuse can also increase the risk of violence,
accidents, and injuries. Drug abuse can also create stigma and discrimination
for people who use drugs and their loved ones
·
Economic effects: Drug abuse can impose a huge financial burden
on society, as well as on individuals and families. Drug abuse can reduce the
productivity and income of people who use drugs, as well as increase their
health care and legal costs. Drug abuse can also affect the economy by reducing
the labor force, increasing crime rates, and diverting resources from other
sectors. According to a study by the United Nations Office on Drugs and Crime
(UNODC), the global economic impact of drug abuse was estimated at $1.4 trillion
in 2015.
These are some of the
major impacts of drug abuse on society. However, drug abuse is not an
inevitable or hopeless situation. There are effective prevention and treatment
options available for people who struggle with drug addiction.
IMPACT ON FAMILIES:
Substance misuse may cause families
to experience mental anguish, legal issues, relationship breakdown, and
financial hardship. To escape the shame associated with their drug usage,
addicts may withdraw from friends and family. They are more inclined to hang
out with other drug or alcohol addicts, which spares them from having to
address or explain their problems or any unfavorable opinions about their
behavior.
Some people who struggle with
addiction focus only on getting the money they need to feed their addiction and
go out and get drugs or alcohol. This may make it more difficult for them to
raise their kids, could even lead to the loss of their parental rights, or
cause them to break up connections with their parents, siblings, or partners. Above
all, the effects of drug addiction on families mean that treating an addicted
family member must be the first concern for those who love them.
DRUG ABUSE IN INDIA AND LAWS RELATED TO IT:
As its very obvious to everyone that
over the past few years drugs has been one of the biggest problems and
limelight topic in the country which is definitely a worry about issue for
India. the top two instances that are currently in front of us Two notable
cases included the Bollywood actor Sushant Singh Rajput and his girlfriend Rhea
Chakraborty. In the former, allegations of drugging were made, while in the
latter, Aryan Khan, the son of Shah Rukh Khan, is charged with drug possession,
consumption, and distribution. I mention this as an example because, unfortunately,
there are countless cases like this where children are being abused by drugs
and no one is even slightly aware of it. These issues are only brought to light
due to the reputation of these characters.
According to the definition provided
by the World Health Organization, a drug is any substance, product, or item
that is intended to be used to treat or explore physiological systems or heal
illnesses for the benefit of the user.
The Drugs and Cosmetics Act of 1940
defined all medicines for internal or external use in humans or animals, as
well as all substances intended to be used for or in the diagnosis, treatment,
mitigation, or prevention of any disease or disorder in humans or animals,
including preparations applied topically on humans to ward off insects like
mosquitoes. Any substance that harms your body is considered a poison. It can
be applied topically, ingested, inhaled, or absorbed via the skin. The World
Health Organization (WHO) defines poison as "a chemical that, when
introduced into or in contact with any part of a living human being, results in
adverse consequence or fatality by impacting the system as a whole or the
action or two together".
INDIAN LAWS THAT RELATE TO DRUGS AND POISONS:
1. The Poison Act, 1919: It was amended in 1958 and repealed
in 1960. It controls the distribution of poisons both wholesale and retail, as
well as the issuing of licenses. It covers all of India and regulates the
import, sale, and possession of any particular poisons.
2. The Drugs Act, 1940
3. The Drugs and Cosmetics Act, 1940: The 1964 and most current
amendments to this Act were made in 2008. The import, manufacturing,
distribution, and sale of cosmetics and other pharmaceuticals (allopathic,
ayurveda, unani, siddha, etc.) are its areas of expertise. Pursuant to the Act,
"every proprietary or patented medicinal preparation shall bear on the
container label, an exact formula or an ingredient list." The amended Act
has toughened the penalties for a number of offenses, such as selling fake
prescription drugs, adulterating drugs and cosmetics, causing hazardous
contamination, and more.
4. The Drugs and Cosmetics Rules, 1945: The primary focus of this
legislation, which is an addition to the 1940 Drugs and Cosmetics Act, is the
standard quality of drugs. It also retains authority over the
"manufacture, sale, and distribution, of Drugs and Cosmetics." The
Central Drugs Laboratory was founded in 1962 to aid in the advancement of the
declaration of results from the inspection or experiment of drug samples to
evaluate their features. Drug Control Laboratories have been established by
individual states. If pharmaceuticals are produced, stocked, or sold, there are
severe consequences for subpar or fraudulent products. There are now stricter
guidelines for carrying out clinical trials for newer medications. Further, it
was classified into 11 schedules.
5. The Pharmacy Act, 1948: The Pharmacy Council of India,
which oversees regulating pharmacy education nationwide, was established by
this legislation, which also provides for the regulation of the pharmacy
profession. The pharmacy councils in each state oversee enrolling pharmacists.
This act's goals are to guarantee that every state has a State Pharmacy Council
for the registration of pharmacists and to restrict the compounding,
manufacturing, and dispensing of medicines to registered pharmacists only—that
is, pharmacists who have been duly registered and schooled in medical science.
6. The Drugs Control Act, 1950: This Act guides the manufacturer or
business owner in setting the maximum price for each drug in addition to
controlling the supply and disposition of drugs.
7. The Drugs and Magic Remedies Act,
1954: A piece of law
known as the Drugs Magic Remedies (Objectionable Advertisements) Act of 1954
was passed. It became operative on April 1st, 1955. This Act regulates drug ads
in India. It forbids and makes it illegal to advertise medications and
treatments that claim to have magical properties.
8. The Narcotics Drugs and Psychotropic Substance
Act, 1985: In order
to "provide rigorous standards for the oversight and regulation of
Narcotic Drugs and Psychotropic Substances events, as well as to bring together
and reform legislation concerning narcotic drugs," the Narcotics Drugs and
Psychotropic Substances (NDPS) Act was passed. "To generate manufacture,
grow, own, sell, transfer, purchase, or consume any Narcotic Drugs and
Psychotropic Substances" is prohibited by law. The word
"narcotic," which refers to a sleep aid in medicine, is not the same
as "narcotic" in the legal meaning. Legally speaking, narcotic drugs
include stimulants like cocaine, which is the exact opposite of a narcotic and
is considered an opiate; cannabis, on the other hand, is not considered a
narcotic. "Psychotropic substances" (MDMA, DMT, etc.) are drugs that
alter consciousness, including LSD, phencyclidine, amphetamines, barbiturates,
methaqualone, benzodiazepines, mescaline, psilocybin, and designer compounds.
Special Courts were not established at first, but thanks to an amendment in
1989, the Government is now able to do so. ... the authority to consider all
offenses under the NDPS Act will be vested in a single judge. The NDPS Act provides for a number of
procedural protections, including Panchnama,
Seizure reports, Seal reports, Proper arrest reports, etc. One of the main
points of the NDPS Act is that it makes it illegal to possess narcotics in
addition to consuming them. That means that even if you don't use the illegal
narcotics that you have kept in your home, you could still face consequences
under certain NDPS Act provisions. Drug use is illegal according to
"Section 27 of the NDPS Act”. The
number of drugs involved in the case will determine how much of a punishment
you receive under the NDPS Act. This is another crucial concept to grasp. There
are two categories for drug quantities under the NDPS Act. There are two types
of quantities: little and commercial. Your sentence will be harsher if you
possess drugs in small quantities and harsher if you possess drugs in large
quantities. To know what Small Quantity and Commercial Quantity is, NDPS Act
itself provides details of the Quantity of each drug.
The length of the sentence might vary from six months to twenty years of
hard labor.
Section 31A of the NDPS Act, which stipulates
the death sentence in some rare circumstances or for repeat offenses, is
another aspect of the law. Additionally,
the NDPS Act prescribes certain unique provisions for those who are addicted.
As previously mentioned, Section 27 of the NDPS Act makes drug use
illegal. On the other hand, the accused will not face consequences if he
declares his intention to participate in a de-addiction program and expresses
his desire to do so. Addicts who volunteer for treatment are granted exemption
from prosecution under Section 64A of the NDPS Act.
The following are the three major
important laws that specifically deals with the criminalization and procedure
for the usage of drugs and poisons wrongly.
9.
The Indian Penal Code (IPC), 1860: following are the sections that deals accordingly-
a.
Section 176: Failure to provide notice or information to a
public servant by a person who is legally obligated to do so. Doctors are
required to report all cases of homicidal poisoning to the police; if they do
not, they will be prosecuted.
b.
Section 193: False evidence is punishable. False
information about a poisoning instance is penalized by law.
c.
Section 201: It is a capital offence to cause the deletion
of evidence of an offence or to provide false information to a screen offender.
d.
Section 202: Intentional failure to report an offence by a
person who is obligated to do so. Intentional concealment of facts concerning a
poisoning case treated by him is punishable.
e.
Section 272: Adulteration of food or drink intended for
sale.
f.
Section 273: Sale of noxious food or drink.
g.
Section 274: Adulteration of drugs.
h.
Section 275: Sale of adulterated drugs.
i.
Section 276: Sale of drug as a different drug or
preparation.
j.
Section 284: Negligent conduct with respect to poisonous
substances.
k.
Section 299: Culpable homicide that was caused through the
consumption of poisonous substances.
l.
Section 300: murder caused by using poisonous substances.
m. Section 302: Punishment for murder.
n.
Section 306: Abetment of suicide.
o.
Section 307: Attempt to murder.
p.
Section 309: Attempt to commit suicide.
q.
Section 304 A: Causing death by negligence.
r.
Section 324: Voluntarily causing hurt by dangerous weapons
or means.
s.
Section 326: Voluntarily bring about severe hurt by
dangerous weapons or other resources.
t.
Section 326 A: Causing grievous hurt by the use of acid.
u.
Section 326 B: Throwing or attempting to throw acid.
v.
Section 328: Causing harm to others using poison, etc.,
with the aim to commit an offence.
10. The Criminal Procedure Code (CrPC),
1973: Section 39
asks the public to report specific offenses. Anyone who knows of an offense
being committed or plans to commit one should notify the closest magistrate or
police station. Section 40 describes the obligation to prepare a
specific report for any law enforcement official involved in village-related
affairs. Section 175 explains authority to Call People: The police
officer in charge of the station or other law enforcement officers are
authorized to call the offender.
11. The Indian Evidence Act (IEA), 1872: "When the patient's death is
imminent and the magistrate's arrival is delayed," a doctor may record a
dying declaration under the Indian Evidence Act (IEA), Section 32, Clause 1.
12. Hemp drug commission 1894: In response to a request made in the
corridor regarding the methodology of a Commission to investigate the age and
use of hemp-sedates in India, the Secretary of State for India expended his
energy in asking the Government of India to form a Commission to investigate
the development of the hemp plant in Bengal, the procurement of drugs derived
from it, the trade of those drugs, the impact of their use on the general
well-being and social conditions of all people, and the longing limit of
prohibiting the advancement of the plant and the freedom of ganja and
cooperated drugs. The Indian government established a commission on hemp drugs
in 1893, as needs. In their report, the Hemp Drug Commission stated that hemp
plants were spreading uncontrollably over the Himalayas, from Kashmir to the
remarkable region of Assam's east. It joins a narrow division by going down the
southern slopes of the mountains and into the fields of the Ganges and Punjab.
NARCOTIC CONTROL BURAEU:
The Narcotics Control Bureau is the
highest authority in India for regulating drug trafficking; it was founded in
1986 in accordance with the NDPS Act. The NCB has its headquarters in New
Delhi, while its zonal offices are located in Varanasi, Mumbai, Kolkata, and
Chennai.
The following legal authorities also control
drug abuse:
Ø Drug Enforcement Bureau.
Ø The Central Bureau of Drugs.
Ø Bureau of Narcotic Control.
Ø The Revenue Intelligence Directorate.
Ø The FBI's central office.
Ø Commission on Customs.
Ø Force for Border Security.
Ø Police officers.
DRUGS PRICE CONTROL ORDER (DCPO):
In order to control drug costs in
accordance with Section 3 of the Essential Commodities Act, 1955, the Indian
government issued the Drugs Price Control Order, 1995. Among other things, the
order contains a list of drugs that are subject to price controls, protocols
for setting medication prices, strategies for putting government-set prices
into effect, fines for violating DCPO clauses, and powers granted under the
NPPA. Later, there was notification of the Drugs Price Control Order (DCPO)
2013.
JUDICIAL APPROACH:
In India, the court is crucial to the
fight against drug misuse. By interpreting and applying the law as it is
contained in statutory enactments, judges help to prevent drug usage. Drug
courts seek to reduce drug-related illegal conduct and prevent the abuse of
alcohol and other drugs. Sobriety and accountability are the two key themes of
the drug court legal system. Drug courts are a subset of problem-solving courts
that provide drug offenders with an alternative to jail time. With regard to
court monitoring, treatment, testing, incentives, sanctions, and social
services, they offer a thorough and integrated strategy. Drug courts have been
shown to enhance public health and safety while lowering drug usage, recidivism,
and criminal justice expenses.
Although the Narcotic Drugs and
Psychotropic Substances Act (NDPS Act) of 1985 does not have a separate drug
court system in India, certain of its provisions permit the creation of special
courts for the swift trial of offenses covered by the Act. Additionally, the
NDPS Act shields drug addicts who willingly seek treatment and recovery from
legal action. However, due to a number of issues including a lack of
infrastructure, resources, coordination, and monitoring, these provisions are
not exploited or implemented widely in India. In order to deal with people who
are struggling with drug abuse and give them with the proper therapy while also
holding them accountable for their acts, drug courts must be established in
India. This would necessitate a mindset change toward drug abuse and addiction
from one of punishment to therapy. Additionally, tight cooperation between the
legislative, the executive branch, the judiciary, civil society, and the
international community would be necessary.
According to the latest
data published by the National Crime Records Bureau (NCRB), the number of cases
registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in
India during 2019-2021 are as follows:
·
2019: 74,620 cases
·
2020: 67,214 cases (provisional)
·
2021: 43,179 cases (provisional, till September)
Several noteworthy
instances of drug abuse in India include:
1.
The drug case in Bollywood: The Narcotics Control Bureau (NCB)
is now looking into claims that a number of Bollywood celebrities and
personalities have been involved in drug use and acquisition. Actor Sushant
Singh Rajput's death in June 2020 set off the legal action, since it resulted
in the discovery of drug-related WhatsApp conversations between his colleagues.
In relation to this case, the NCB has detained and questioned a number of
people, including actors Sara Ali Khan, Arjun Rampal, Deepika Padukone, Rhea
Chakraborty, and Shraddha Kapoor.
2.
The Punjab drug case: It refers to a sequence of inquiries
conducted by several entities about the widespread drug misuse and smuggling in
Punjab, a state that is seen as severely impacted by the drug epidemic in
India. The case has revealed the connections that enable and benefit from the
illegal drug trade between law enforcement, legislators, bureaucrats, and drug
dealers. The case has also brought attention to the negative social and health
effects that drug addiction has on Punjab's youth and populace as a whole.
3.
The allegation of the smuggling of gold worth over Rs 100 crore
through diplomatic channels at the Thiruvananthapuram airport in Kerala is
known as the Kerala gold smuggling case. Following the discovery of the case by
the Customs department in July 2020, a number of individuals, including former
staff members of the UAE consulate in Kerala, were taken into custody. Due to
the involvement of some of the accused in both drug trafficking and gold
smuggling, the investigation has also exposed connections between the two
illegal operations.
Some other leading
cases are:
1.
In the case of State of Punjab v. Balbir Singh: The case
was decided by the Supreme Court of India on March 1, 1994. The primary
legislation in India addressing drug misuse and illicit trafficking is the
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which was
interpreted and used in this instance. The primary question was whether any
search or arrest conducted in violation of the NDPS Act's requirements becomes
unlawful and, as a result, invalidates the conviction. The court ruled that all
cases involving drug offenses must adhere to the necessary requirements of the
NDPS Act. The court also observed that the NDPS Act is a special and stringent
law that requires strict compliance and interpretation, as it deals with a
serious social problem that affects the health and welfare of the people and
the nation.
2.
In the case of E. Michael Raj v. Officer of Intelligence:
The Indian Supreme Court rendered a decision in this matter on May 8, 2008. In
order to determine the appropriate sentence, the case concerned the
interpretation and implementation of Section 2 (viiia) of the NDPS Act, which
defines "small quantity" and "commercial quantity" of
drugs. The court decided that only the actual content or percentage of purity
of the offending drug should be taken into account when deciding whether a
certain quantity of drug is small or commercial, rather than the weight of the
complete mixture or substance containing such drug.
3.
In the case of State of Uttarakhand v. Arif Khan @ Agha Khan:
On September 5, 2019, the Indian Supreme Court rendered a decision in this
case. The case concerned the application and interpretation of Section 37 of
the NDPS Act, which places strict requirements on the granting of bail to an
individual charged with a narcotics offense involving a commercial quantity.
The court determined that, given the serious threat that drug misuse and
trafficking pose to society, Section 37 is a justifiable restriction on the
right to personal liberty and does not violate either Article 21 or Article 14
of the Constitution. The court further found that Section 37 just raises the
bar for persuading the judge that there are good reasons to believe the accused
is innocent and unlikely to commit any crimes while out on bond, not that it
forbids bail entirely.
4.
The Supreme Court of India rendered a decision in the case of
Tofan Singh v. State of Tamil Nadu on October 29, 2020. The case concerned
the meaning and implementation of Section 67 of the NDPS Act, which gives any
officer authorized by the federal or state government the right to request
information from anyone in order to confirm that the Act's provisions have not
been broken. The court ruled that confessions made by someone accused of a
crime under the NDPS Act cannot be recorded by an officer under Section 67, and
that these statements cannot be used as evidence in an Act-governed trial. The
court further decided that any statement made under Section 67 is not
considered a statement made to a police official for the purposes of Section 25
of the Evidence Act and is not subject to the Code of Criminal Procedure's
Section 162 bar.
5.
In the case of Union of India v. Rajendra Nair: On March
5, 2019, the Indian Supreme Court rendered a decision in this matter. In this
instance, Section 32A of the NDPS Act—which states that no sentence granted
under this Act may be suspended, remitted, or commuted—was to be interpreted
and applied. According to the court, Section 32A does not prevent the President
or the Governor from exercising their authority under Article 72 or Article 161
of the Constitution to pardon, reprieve, respite, or remit penalty for any
individual found guilty under this Act. The court further declared that Section
32A does not impair the appellate or revisional courts' authority to lawfully
suspend, remit, or commute a sentence imposed under this Act.
6.
In the case of State v. Kishan Lal: On July 31, 2018, the
Delhi High Court rendered a decision in this matter. Section 42 of the NDPS
Act, which mandates that any officer who gets information about an offence
under this Act record it in writing and send a copy thereof to his immediate
official superior within such time as may be prescribed, was interpreted and
applied in this case. The court decided that because Section 42 is required,
breaking it would invalidate the conviction and punishment and make the
prosecution unconstitutional as a whole. The court further decided that Section
42 covers all Act violations, regardless of whether they take place in public
or private spaces.
CRITICISMS OF THE NDPS ACT AND ITS IMPLEMENTATION
There are some
criticisms of the NDPS Act and its implementation. Some of them are:
·
The NDPS Act does not distinguish between hard and soft drugs
and imposes the same penalties for both kinds of drugs. This may encourage the
drug dealers to move towards supplying hard drugs, which have a higher profit
margin and a higher potential for harm.
·
The NDPS Act does not provide adequate provisions for harm reduction,
drug substitution, and needle exchange programs, which are essential for
preventing the spread of HIV/AIDS and other infections among drug users.
·
The NDPS Act does not recognize the medical and scientific use
of cannabis, which has been proven to have therapeutic benefits for various
conditions such as chronic pain, epilepsy, glaucoma, and cancer. The ban on
cannabis also affects the livelihood of farmers who cultivate it for industrial
and religious purposes.
·
The NDPS Act does not address the root causes of drug abuse,
such as poverty, unemployment, illiteracy, violence, and social stigma. It also
does not provide adequate rehabilitation and treatment facilities for drug
addicts, who are often treated as criminals rather than patients.
·
The implementation of the NDPS Act is marred by corruption,
inefficiency, and human rights violations. There have been many cases of false
arrests, illegal searches, custodial torture, extrajudicial killings, and
tampering of evidence by the police and other authorities involved in drug
enforcement. There have also been instances of harassment and discrimination
against drug users by society and the judiciary.
THE WAR AGAINST DRUG ABUSE IN INDIA:
CONTEMPORARY PROGRESS
Launched on August 15,
2020, the Nasha Mukt Bharat Abhiyaan (NMBA) is a flagship program of the
Ministry of Social Justice & Empowerment in India. It seeks to raise
awareness of the detrimental impacts of juvenile substance usage, with a
particular emphasis on colleges, universities, schools, and community outreach.
The program, which operates in 372 districts across the nation, entails a range
of initiatives, including capacity building programs for service providers,
counseling and treatment services in hospitals and rehabilitation centers, and
more.
The NMBA concentrates
on 272 districts spread over 32 States and Union Territories that have been
determined to be the most susceptible to drug use nationwide. The Narcotics
Control Bureau (NCB) and the results of the Comprehensive National Survey were
used to identify these vulnerable districts. Over 500 volunteer organizations
nationwide are involved in the initiative, which is run by the National Action
Plan for Drug Demand Reduction (NAPDDR) scheme and receives financial support.
The Nasha Mukt Bharat
Abhiyaan website offers comprehensive details about the program and its
undertakings, as well as glimpses through photo and video galleries, IEC
resource material, and details on the institutions established by the Ministry
to curb drug demand. Through a variety of initiatives, including
awareness-raising campaigns, a focus on higher education, outreach to the
community, identification of dependent populations, a concentration on
counseling and treatment facilities in geotagged hospitals and rehabilitation centers,
and capacity-building programs for service providers, the program aims to raise
public awareness of substance abuse.
Below are the
three-pronged strategies and key elements of Nasha Mukt Bharat.
The three main
strategies that Nasha Mukt Bharat will concentrate on are as follows.
·
Care provided by the
Health Departments.
·
Outreach and Education by the Social Justice Drug Bureau
·
The primary elements of the Action Plan 2020–21 for Nasha Mukt
Bharat
Programs for raising
awareness are offered by universities, colleges, and educational organizations.
·
Increasing service providers' capability
·
Pay attention to the treatment facilities found in hospitals.
·
Determining the dependent population and engaging the community.
The following are a few
other steps the government has made to combat drug usage in India:
·
Under the
"Assistance to States for Narcotics Control" program, the Ministry of
Home Affairs is offering financial support to states and union territories so
they can bolster their law enforcement capacities and fight the illegal
trafficking of psychotropic and narcotic narcotics.
·
"National Programme for
Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke
(NPCDCS)" is a program that the Ministry of Health and Family Welfare
launched to offer preventive, promotive, curative, and rehabilitative services
for non-communicable diseases, including drug abuse disorders, at different
levels of health care.
·
The National Initiative for School Heads' and Teachers' Holistic
Advancement (NISHTHA) program was introduced by the Ministry of Education to
give training and capacity building for school heads and teachers on a range of
topics related to school education, such as prevention of substance abuse,
guidance and counseling, and life skills education.
·
The
"National Programme for Youth and Adolescent Development (NPYAD)"
program was introduced by the Ministry of Youth Affairs and Sports with the aim
of preventing youth and adolescents from engaging in anti-social behaviors like
drug abuse and giving them opportunities to grow as individuals and as leaders.
·
With
the help of various interventions like child welfare committees, child
protection units, childcare institutions, etc., the Ministry of Women and Child
Development has launched the "Integrated Child Protection Scheme
(ICPS)" to give children in need of care and protection—including those
impacted by drug abuse—a safe and secure environment.
NASHA MUKT BHARAT ABHIYAAN EFFICTIVENESS SO FAR:
According to the
official website of the NMBA, the program has been effective in reaching out to
the masses and spreading awareness about substance abuse through various
activities. Some of the achievements of the NMBA are-
·
Till now, through the various activities undertaken for the
Abhiyaan, 1.4+ crore people have been reached out so far in the identified
districts.
·
Over forty-five thousand young people have actively engaged in
Abhiyaan2's activities.
·
The invaluable support of over 29.5 lakh women
has enabled the Anganwadi & ASHA Workers, ANMs, Mahila Mandals, and Women
SHGs to reach out to a wider community.
·
Events,
competitions, and workshops have been held at over 55,000 educational
institutions, including schools and colleges, reaching over 30 lakh students
nationwide thus far.
·
The Abhiyaan2 has a robust network of over
8,000 Master Volunteers that are actively involved.
·
The Ministry launched a mobile application for
the Nasha Mukt Bharat Abhiyaan in order to collect information about the
activities taking place on the ground.
·
Numerous
online events, including expert panel discussions, panel discussions with DCs
and DMs, online competitions, and more, have been planned with the support of
the Ministry's top officials, the States and Districts, subject matter and
domain experts from various fields, professionals dealing with substance abuse,
and young people in general.
Thus, it can be concluded from these
data and facts that the Nasha Mukt Bharat Abhiyaan has been successful in
curbing drug consumption in India thus far. To ensure better coordination and
monitoring of the operations, as well as to include new districts and areas,
there is still a great deal of room for development and program growth. The
core reasons of drug misuse, which include violence, illiteracy, poverty,
unemployment, and social stigma, must also be addressed by the program. Addicts
on drugs, who are frequently treated more like criminals than like patients,
must also have access to proper rehabilitation and treatment facilities through
the program. Additional NGOs, media outlets, international agencies, and civil
society organizations must be involved in the program's execution and
assessment.
CONCLUSION:
To combat the threat, it is
underlined that preventive, punitive, and curative actions are required. The
complexity of the issue, which has broad social, economic, and political
ramifications, must be understood immediately. Since punitive measures alone
will not be sufficient to eradicate the drug problem in the region, it is
imperative that all of the contributing elements be addressed. The nation's
drug epicenters are now large cities. We should all ask ourselves how we can
stop this rather than why people are becoming addicted or why India is turning
into a drug hub. We have several laws and acts to combat the drug problem.
Recognizing the medications that doctors prescribe is important for everyone,
not just physicians and pharmacists. Being aware of it can help us avoid being
careless because we are unaware of these regulations and also identify sensible
medico-legal perspectives related to medications and poisons. Everybody is
obliged to abide by the guidelines that legislation and laws offer for us.
Let's stop drug and poison misuse before it totally destroys us, as we are all
aware of the saying, "Prevention is Better than Cure". Some
recommendations on the part of the author are:
1. The proposals in the NDPS Act that propose
punishments must be reexamined in light of the opposing strategy. A statement
that is open-minded does not always address matters of importance.
2. The state is under guarded orders to assure
early starters in order to quickly build unparalleled courts in each state. In
this approach, the required steps should be combined to create an adequate
number of historically significant courts in every state across the nation as
soon as possible.
3. To use various media channels and
campaigns to raise awareness and educate the public on the detrimental impacts
of alcoholism and drug abuse on the individual, the family, the workplace, and
society in general.
4. To offer a comprehensive range of
community-based services for addicts undergoing Whole Person Recovery (WPR),
including identification, motivation, counseling, de-addiction, aftercare, and
rehabilitation.
5. To mitigate the effects of drug and
alcohol dependence on the individual, the family, and society at large by
implementing social welfare schemes and programs.
6. To support evidence-based
policymaking and implementation by facilitating research, training,
documentation, and the gathering of pertinent data.
7. To improve the ability and
cooperation of the enforcement authorities in order to guarantee the correct
application of the NDPS Act and other relevant legislation.
8. to differentiate between soft and
strong drugs and apply distinct punishments for each type of drug.
9. To adequately fund programs for drug
substitution, harm reduction, and needle exchanges; these measures are critical
to stopping the spread of HIV/AIDS and other diseases among drug users.
10. To acknowledge the scientific and
medicinal applications of cannabis, which has been shown to provide relief from
a number of ailments, including cancer, glaucoma, epilepsy, and chronic pain.
11. To increase the number of media
outlets, international organizations, NGOs, and civil society groups involved
in India's efforts to combat and prevent drug usage
In India, drug misuse is a severe and
pervasive issue that affects millions of people, particularly the younger
generation. It has significant effects on people's productivity, well-being,
and general health as well as that of families and society as a whole.
Additionally, it can exacerbate existing issues like trafficking, terrorism,
and insurgencies.
The Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act) is the primary legislation pertaining to drug abuse
and illicit trafficking in India. It governs the import, export, transit,
manufacturing, possession, sale, purchase, transportation, storage, and
consumption of narcotic drugs and psychotropic substances within the country.
Additionally, it specifies the punishments for a number of offenses pertaining
to drug misuse and trafficking. The availability of medical services and the
need for therapy, however, differ significantly. The urgent need is a therapy
program at the federal level. Additionally, we require additional
government-funded inpatient treatment facilities for addiction as well as
outpatient clinics with appropriate access to medications, physicians, and
psychiatrists.
One of the helpful things is to
involve more people on this issue by: -
1. Using various media channels and
campaigns, one method to involve more people is to raise awareness and educate
them about the negative impacts of substance misuse and alcoholism on the
person, the family, the workplace, and society at large. This can aid in the
understanding of drug abuse's risk factors, effects, and preventative measures.
Additionally, it might inspire individuals to look for support or assistance
from those who are battling addiction.
2. Offering the full spectrum of
community-based services for addicts' identification, motivation, counseling,
de-addiction, aftercare, and rehabilitation for Whole Person Recovery (WPR) is
another strategy to include more people. This can make it easier for consumers
to get access to high-quality, reasonably priced care and treatment services
that are customized to meet their requirements. It can also assist them in
leading fruitful lives and reintegrating into society.
3. Facilitating research, training,
documentation, and the gathering of pertinent data to support the development
and application of evidence-based policy is a third strategy to involve more
people. By doing this, people may contribute to the creation and sharing of
best practices and knowledge regarding the prevention and treatment of drug
abuse. They can use it to track and assess the results and efficiency of
different programs and interventions.
4. Adequate funding for harm reduction,
drug substitution, and needle exchange programs—all crucial for stopping the
spread of HIV/AIDS and other diseases among drug users—is a fourth strategy to
engage more people. This can lessen the risks drug use poses to one's health.
Additionally, it can facilitate their access to additional social and medical
assistance.
5. Differentiating between hard and soft
drugs and enforcing different sanctions for each is a fifth strategy to involve
more people. This can assist people in identifying the varying degrees of harm
and risk for addiction associated with different drugs. It can also assist them
in taking a more logical and compassionate stance on drug laws and policies.
Henceforth, Pharmaceutical abuse and
management of medications, once a common marvel, have turned into a pandemic
that threatens humankind's future, the State's budget, and the system itself.
The overuse and illegal management of these drugs is spreading at an alarming
rate. If the man's addiction to these drugs isn't curbed, it will bring about
an unparalleled disaster for both the current and the future selves. Abuse has
become the most significant problem for individuals, families, and society as a
whole. Fear mongering is fueled by the illegal money generated by medication
management. The money was used by the Dread Monger Social Affairs to fund
mental activist operations and buy firearms. It has a devastating effect on the
nation's future in addition to the State's financial decisions.
Article Information
DRUG ABUSE CRISIS IN INDIA: A SOCIO-LEGAL STUDY
Authors: PARUL SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.