Substance abuse in India

 

In news:

• The Union Ministry of Social Justice and Empowerment has proposed certain changes to some provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985.
• The recommendations have assumed importance in the backdrop of some high-profile drug cases including the recent arrest of Bollywood actor’s son.

 

HE NARCOTICS CONTROL BUREAU

• NCB is India's nodal narcotics law enforcement and intelligence agency responsible for countering drug trafficking and illicit drug violence.
• It operates under the Ministry of Home Affairs (MHA).
• It is located in New Delhi.
• It was formed in March 1986 to allow the full enforcement of the 1985 Narcotic Drugs and Psychotropic Substances Act.
• Its mandate is to tackle drug trafficking in India.

 

WHAT IS THE ROLE OF THE NARCOTICS CONTROL BUREAU?

• The NCB is a nodal agency responsible for coordinating with different ministries, other departments, etc. & State / Central law enforcement agencies concerning drug law enforcement and also concerning Issues Concerning Drug Abuse.
• The NCB is also responsible for enforcing international obligations against illegal activities.

• Trafficking in drugs and psychotropic substances under various United Nations Conventions 1961, 1971, 1971,1988, to which India is a member.
• It also assists concerned authorities in different countries in facilitating universal prevention action.
• Suppression of the smuggling of narcotic drugs and psychotropic substances.
• It operates in close collaboration with Customs and Central Excise, the Department of State Police, the Central Bureau of Investigation (CBI), the Central Economic Intelligence Bureau (CEIB), and other national and state-level Indian intelligence and law enforcement agencies.
• It also offers support and training for law enforcement agency staff in India to tackle drug trafficking. It also tracks the borders of India to track points where international smugglers engage in smuggling activities.

What is NDPS Act?

• The NDPS Act, 1985 is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
• It provides a stringent framework for punishing offenses related to illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.
• This is a stringent law where the death penalty can be prescribed for repeat offenders.

Key amendments suggested

• To decriminalise the possession of narcotic drugs in smaller quantities for personal purposes.
• Persons using drugs in smaller quantities be treated as victims.

Issues with the NDPS Act

• First arrest and then investigate seems to be the principle for investigations under the NDPS Act.
• Section 50 of the Act (conditions under which search of persons shall be conducted) needs to be followed scrupulously.
• When officials stumble upon a person carrying drugs during raids or a routine check, the drugs must be seized in front of a Gazetted Officer or a Magistrate.

Why such provision?

• In cases of sudden development, the suspect is taken to the nearby Magistrate or the latter is brought to the spot and then only drugs are seized.
• If this is not adhered to, the court acquits the accused persons. Only then the next stage of investigation commences.
• While tracking drugs cases, investigators go from consumers to drug suppliers.

Is there any scope of mi-use?

• It is not possible at all. Once cannot manage all the people all the time.
• Since the seizure procedure is to be followed, there could be one Magistrate at the time of seizing drugs, another during further investigation and a different Magistrate at the time of trial.
• Moreover, governments can change.

Challenges in enforcing the NDPS Act

(a) Peddling

• Since drug peddling is an organised crime, it is challenging for the police to catch the persons involved from the point of source to the point of destination.
• Identifying drugs that are being transported is a challenge since we cannot stop each and every vehicle that plies on Indian roads.

(b) Transportation

• Most drug bust cases are made possible with specific information leads.
• Unless we check every vehicle with specially trained sniffer dogs, it is difficult to check narcotic drugs transportation.

(c) Production

• The main challenge is to catch those producing these substances. Secret cultivation are mostly carried on in LWE affected areas.
• Going beyond State jurisdiction, finding the source of narcotic substances and destroying them is another big challenge.

(d) Delay in trials

• Securing conviction for the accused in drugs cases is yet another arduous task. There are frequent delays in court procedures.
• Sometimes, cases do not come up for trial even after two years of having registered them.
• By then, the accused are out on bail and do not turn up for trial.
• Bringing them back from their States to trial is quite difficult let alone getting them convicted.

Other Challenges

(a) Growing hopelessness in society

• The COVID-19 pandemic, for instance, has aggravated anxieties among the youth.
• Joblessness and livelihood losses are the major push factors.

(b) Issues in rehabilitation

• The proposal to send persons to rehabilitation centres is good on paper but we do not have the infrastructure to ensure that it is properly implemented.
• We don’t have adequate de-addiction centre counsellors. We face an acute shortage of psychiatrists and counsellors.

Issues in legalization of drugs

• Legalisation of drugs usage will only compound the problem.
• It could lead to the proliferation of drugs.
• It is dangerous. More and more people may start using them.

Way forward

• We need to thoroughly examine why and how people are getting addicted to narcotic drugs.
• No doubt the NDPS Act is stringent, but we need to make a distinction between the drug peddler and the end user.
• The person using it in smaller quantities for personal use cannot be bracketed with the person producing narcotic drugs.
• We need to make a clear distinction between a drug supplier and an end user.
• A drug user needs to be seen as a patient. The Act as of now prescribes jail for everyone — the end user and the drug supplier.
• Instead of suggesting proposals to change sections of the law for the entire country, it would be advisable to introduce this on a pilot basis in one State that faces an acute drugs-related problem.

Conclusion

• We should examine the root cause of the problem.
• Relying only on law-enforcing agencies, however hard they are at work to address the problem, is not going to solve it.
• Civil society and governments will have to work together to create an enabling environment to address the issue.