When we talk about the topic of drugs, we sure are not for it. As a society, there is a collective hate. The law is also clear about discouraging the use of narcotic drugs and psychotropic substances. Recently, there has been much noise about the usage of these drugs,
and it has reached the youth population. This is a major concern as the usage of these drugs is associated with an increase in crimes, the health hazards associated with its consumption, etc. In India, we have embraced or rather associated the use of cannabis and opium in a religious context for a long time. It was a sensitive issue for a long while. Still, once these substances started entering the markets and were readily available, there was an alarming need to control their consumption and limit them only for specific pharmaceutical purposes. According to the National Crime Records Bureau (NCRB), in 2021, the total number of crimes in India under the substance influence was 78331, which has only increased significantly as it was 59806 in 2020.
Historically, the first drug control law was the Opium Act, which was enacted in 1857. This Act dealt with the cultivation of Poppy, a type of flower-bearing plant that has several medicinally viable substances like morphine, codeine, and thebaine, etc. This Act was repealed in 1985 by the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS). This Act was introduced with the main focus on cutting down the illegal and excessive sale, production and consumption of narcotic drugs and psychotropic substances. The NDPS Act prescribes stringent penalties for various offences depending on their severity. Most of the punishments are based on the quantity of drugs involved, i.e., if there is a commercial quantity being held, then it is punishable with imprisonment up to 10 to 20 years as well. The law is very stringent, and there is no tolerance to drugs for a while now. Recently, in Bengaluru, Karnataka, The Bengaluru City Police busted a rave party, and 86 people tested positive for drug consumption, including celebrities.
The NDPS Act has constantly been amended as and when required to curb the usage of these drugs. The first amendment of 1989 focused on strict provisions under Section 27A for financing the illicit traffic of these substances. This was followed by the second in 2001 when an amendment was made to rationalise the sentences. It adopted a more reformative approach. The third, in 2014, these drugs were given better access medically. The term essential drug was stated in Section 9 of the Act, and trade, including export and import within states, was given importance. Death penalty as a punishment for certain repeat offenders was also introduced. This Act applies not only to the whole of India but also to citizens of India outside India and all persons on ships and aircraft registered in India.
Further, the Act includes people who are recovering addicts. Under Section 64A of the Act, addicts volunteering for treatment will get immunity. Later, in 2021, the NDPS (Amendment) Bill would replace an ordinance circulated to rectify a drafting error in the 2014 amendment.
The Narcotics Control Bureau has taken various initiatives to reduce the consumption and illegal trade of the substances, such as Financial Assistance to States for Narcotics Control in 2016. The Narco Coordination Centre was constituted, and the Ministry of Social Justice and Empowerment conducted the National Drug Abuse Survey and checked on it; many community outreach programs are regularly conducted by the government, launching the Nasha Mukt Bharat program.
Although the Act has shown some effectiveness in certain areas, it still encounters obstacles related to implementation, human rights concerns, and the necessity of additional amendments to tackle emerging issues. The delicate balance between strict control and the protection of human rights continues to be a highly debated and evolving topic.
Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal Consultant
For Origin Law Labs
