By Geedharsini V
As the drug epidemic continues to painstakingly seep into the country’s social and cultural aspects, drug abuse naturally trickles the youth generation. The youth of our nation have a massive responsibility. And as India’s potential rests delicately in their hands the drug epidemic continues to rage on the sidelines. Narcotic drugs are those that induce sleep, whereas psychotropic substances are those that react with the mind and change it positively. Illicit drugs have the potential to thwart the success of India’s future. The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 was passed with the intent of controlling drug abuse and prohibiting the use, distribution, manufacture, and trade of drugs. The Parliament of India passed the NDPS Act on 14 November 1985. But still, it is ineffective to control drug abuse, manufacturing, distribution, and usage of it. This paper focus on the harm of drug abuse to the society among the youth and the failure of NDPS Act to bring absolute end to drug abuse.
Making up one-fifth of the population, the youth generation carry with them Future of India. Bearing the burden of a densely populated country like India is no small task. And drug abuse does nothing to lighten the load. The youth of our nation will eventually determine the country’s moral, political, and social persuasions. “Educational attainment not only affects the economic potential of youth, but also their effectiveness as informed citizens, parents, and family members” says the National Family Health Survey of India[1]. Along with attaining right to education, it is also the duty to be as good citizen. Drug abuse among youth is the major threat to the society which has now became widespread and uncontrollable. To have a control on it NDPS Act was enacted. On August 29, 1985, Janardhana Poojary, the then minister of state for finance in the Rajiv Gandhi government, introduced the NDPS Bill in the Rajya Sabha. As a signatory to the United Nations Single Convention on Narcotic Drugs, 1961, India was obligated to introduce strong legislation to control the manufacture, supply, and consumption of drugs, and discontinue its traditional use of cannabis for anything apart from medical and scientific purposes. This had to be done within 25 years of signing the convention. The NDPS Bill proposed rigorous imprisonment for 10 years extending to 20 years and a minimum fine of Rs 1 lakh extending to Rs 2 lakh as a minimum punishment for drug offences. It proposed to treat drug abusers and drug addicts differently, prescribing a year’s imprisonment or fine or both for consuming or possessing “hard drugs” like cocaine, morphine or heroin and six months’ imprisonment or fine or both for offences relating to other narcotic drugs and psychotropic substances. Even though this act is enacted and enforced, the drug abuse still prevails and doesn’t have absolute control.
NDPS ACT:
The NDPS Act prohibits a person from the production, manufacturing, cultivation, possession, sale, purchasing, transport, storage, and consumption of any narcotic drug or psychotropic substance. Initially enacted in 1985, the Act was amended three times in 1988, 2001 and 2014. According to the Act, narcotic drugs include coca leaf, cannabis (hemp), opium, and poppy straw and psychotropic substances include any natural or synthetic material or any salt or preparation protected by the Psychotropic Substances Convention of 1971. A psychotropic drug includes any natural or synthetic material or any salt or preparation protected by the Psychotropic Substances Convention of 1971.
PENALITIES UNDER NDPS:
The penalties under this Act are severe considering the consequences of drug abuse and its trafficking.
The offences under the Act attract jail terms ranging from one year to 20 years and fine depending on the crime.
Under the Act, abetment, criminal conspiracy and even attempts to commit an offence attract the same punishment as the offence itself.
Preparation to commit an offence attracts half the penalty.
Repeat offences attract one and a half times the penalty and, in some cases, the death penalty.
The Narcotics Control Bureau (NCB) was constituted in 1986 under the provisions of the NDPS Act. The NCB is a nodal agency that is responsible for coordination with various ministries, other offices & State/Central enforcement agencies regarding drug law enforcement and in respect of matters relating to drug abuse.
Under the Act, property acquired by a person from drug-related offences, who has been convicted under the Act can be seized, frozen and forfeited by the government.
All the offences under the NDPS Act are non-bailable.
Also, no relief can be sought by the drug convicts by termination, remission, and commutation of sentences passed.
Amendments - The Act has been amended thrice as mentioned above. The 2014 amendment eased restrictions on Essential Narcotic Drugs (Morphine, Fentanyl and Methadone), making them more accessible for use in pain relief and palliative care.
AIMS AND OBJECTIVES:
To amend and consolidate the laws governing the use and possession of narcotic drugs.
To establish stringent provisions for the control, regulation, and supervision of the illegal possession, sale, transit, and consumption of narcotic drugs and psychotropic substances.
To provide a mechanism for forfeiting narcotic drugs and psychotropic substances, as well as the properties derived from, or used in, illicit drug trafficking.
To establish a mechanism for the implementation of the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, as well as for other purposes connected therewith.
DRUG ADDICTION AND YOUTH IN INDIA:
Drug addiction is one such serious and disastrous problem that has trapped the young generation of our country rigorously, today if we see the statistics; most of the teenagers in the early age of 17-20 years have been found to be seriously addicted to the unethical substance abuse or drug addiction and these have been mostly are the college and even school going young students. Even the unprivileged and poor children have also been found to be involved in drug abuse/addiction. This has been posed as a hazardous issue in front of the Indian government because the young generation is the potential power for the future of the country and if their current lives are drowned under such addictions then the future of the nation would certainly turn into dark. This is indeed a serious matter for the Indian society as well, and this matter should be resolved with collective efforts of the people of the society. “Around 13 percent of those involved in drug and substance abuse in India are below 20 years of age, which calls for stepping up community intervention and preventive mechanisms targeting adolescents, an UN official”[2]
WHY DRUG ADDICTION AMONG YOUTH?
Usually, it starts off innocently. Children grow older and reach the teenage and young adult stages of life. With age, the parents’ influence often diminishes, and as part of life’s natural progression, youngsters are influenced more and more by their peers. Many detailed studies have shown the worrisome aspects of peer pressure. As one of the most powerful tools used to sway youngsters towards drug addiction – peer pressure in the area of drug abuse can begin as early as junior high. In India, most addicts became hooked on drugs after friends introduced drugs to them. The present scenario of the society has been entirely changed than the earlier times, now in the urban areas the families are getting nuclear both the parents are working thus they are unable to give a qualitative time to their kids, importance and faith in moral values have also been reduced in the families, elders are getting neglected, children most of the times look out of their homes for someone to share and express themselves and this also sometimes leads them to involve in the wrong peer groups. Communication, interaction, understanding among the family members is reducing gradually and moreover the modern education system also has posed a lot of pressure on the students, among the poor families due to sheer poverty parents and children all are indulged in earning for livelihood, there is no money and time to attain education and thus illiteracy leads to the involvement in unethical actions and bad company of friends. In such conditions youngsters feel truly alienated; they lose their wisdom and want to get rid of their anxieties, tensions and depression that ultimately shows them the way to drugs or substance abuse. They believe that drugs make them forget all their tensions and pressures and make them feel free and devoid of any turmoil, they rather feel better in the numbness caused by the drugs than bearing any tension due to their practical lives. Apart from the number of people taking drugs, the frequency of using drugs has also increased considerably since 2021. According to the research, only 16 per cent of young people used drugs at least once a week in 2021, but this increased to 23 per cent in 2022. The study’s findings suggest that more and more young people use substances to help them cope with problems in their life.[3] And this paves way to many offences in the society.
INEFFECTIVENESS OF NDPS:
In most cases, punishment is meted out for acts that cause harm to others, such as murder and theft. Offences created by statute, such as those referred to in the NDPS Act, fall into the category of victimless crimes. An individual drinking an opium-laced drink does not harm themselves or others. As a rule, an offence comprises two elements: the specific act and the guilty mind or dishonest intention that led to the act. The NDPS Act, however, eliminates the requirement of dishonest intention under and directs the court to presuppose the presence of a culpable mental state for all offences under the Act. Thus, in a situation where possession is an offence under the Act, then there shall be involvement of conscious possession. The Act has received criticism from various quarters for not distinguishing between soft drugs and hard drugs. Some claim that the same punishment for all drugs would lead drug dealers to shift to harder drugs where they can make better profits. Some have criticized the ban on cannabis as ‘elitist.’ Some people recommend making soft drugs legal saying that it might reduce heroin addiction. However, the counterclaim to this is that soft drugs are gateway drugs whose consumption would increase the chances of the person using hard drugs later.
ENFORCEMENT IS THE PROBLEM:
Many of the law’s practical aspects are generally unknown. Until recently not many were aware that consumption on drugs, narcotic or psychotropic is punishable with imprisonment however the accused can request the court to allow him to undergo treatment in a recognised rehabilitation facility instead of the prescribed imprisonment. The police too not willingly respond to complaints for fear of the drug user developing health problems while in the custody. In rare and isolated cases that a user end up in prison, lack of prison policy for such ensures that there are no facilities for proper rehabilitation and correctional programmes.
Today, India is no longer transit country of drugs but became the major consumer of drugs. The Supreme Court in Sanjay Datt’s case held that possession of arms had to be conscious. In contrast to this, in NDPS Act, the court presumes culpable mental state and offence is deemed to have been committed once possession is proved.
The act imposes obligations on the officers carrying out searches, arrest and recording the reasons but there was no number of reasons as to why investigation and convictions have not picked up. Enforcement agencies are not paying adequate attention to the work assigned to them under drug laws. In short, effective enforcement of NDPS Act is required without any hindrances.
SUGGESTION AND CONCLUSION:
Drug addiction is a curse for any person because it not only spoils but destroys a life. The drug problem in India is much worse than it appears. In ancient India, drugs and other psychoactive substances were used for healing, pain relief, and even psychotherapy. India had no law criminalizing possession or use of drugs prior to 1985. Now, it is important to note that the NDPS Act contains several provisions that specify serious punishments. For example, according to Section 37, the right to bail cannot be granted for more serious offences. Numerous laws are intended to solve societal problems, however, when they are misused, they can become brutal. It is more likely for draconian legislation to emerge when the legislation becomes more stringent. Considering its strict nature, the NDPS has the potential to be misused even more. Therefore, the Courts are required to ensure the law does not become weaponized and justice is administered to all segments of society.
The author of this article is Geedharsini V, a second-year LLB (Hons.) student at School of Excellence in Law, TNDALU, Chennai.
[1] A Profile of Youth in India, National Family Health Survey (NFHS-3) India 2005-06, Ministry of Health and Family Welfare Government of India, < A Profile of Youth in India [OD59] (dhsprogram.com) >
[2] 13% Of Drug Abuse Victims In India Below 20 Years Of Age: UN Official, NDTV – INDIAN NEWS, < https://www.ndtv.com/india-news/13-of-drug-abuse-victims-in-india-below-20-years-of-age-un-official-3529342 >
[3] More youth between 16 to 25 age are turning to drugs to escape real life issues, cope with emotional distress, Economic Times, <https://economictimes.indiatimes.com/magazines/panache/more-youth-between-16-to-25-age-are-turning-to-drugs-to-escape-real-life-issues-cope-with-emotional-distress-says-new-research/articleshow/94987095.cms >
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