Should the NDPS Act be amended?

Synopsis: The recent proposal to the NDPS Act does not address the issues in enforcement, instead it compounds them.

Introduction

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.

What are the major recommendations to the NDPS Act?

Decriminalise the possession of narcotic drugs in smaller quantities for personal purposes and treat the persons as victims.

Using the National Fund to Control Drug Abuse to carry out de-addiction programmes, rather than just policing activities.

What are the challenges that the police face in curbing drugs?

Drug peddling is an organised crime, so, it is difficult to check narcotic drugs transportation. Also, the police cannot stop each and every vehicle on Indian roads.

The police cannot go beyond the State jurisdiction for finding the source of narcotic substances and destroy them.

Securing conviction for the accused in drugs cases is another challenge due to frequent delays in court procedures.

What are the challenges associated with the proposed recommendations?

Like the US, decriminalising smaller quantities might result in the proliferation of drugs. Drugs consumption is directly linked to issues such as absenteeism in schools, loss of jobs, income, increase in crime rate, depression, and suicide.

India does not have enough rehabilitation centres and faces an acute shortage of psychiatrists and counsellors to rehabilitate drug users.

Despite a High Court order, many traders sell whiteners to children below 18 years of age. There are also many children who use glue, painting chemicals, etc as drugs. There is no focus on such children becoming victims of drug use.

What should be done?

There should be a clear distinction between a drug supplier and an end-user. A drug user needs to be seen as a patient.

Civil society and governments will have to work together to create an enabling environment to address the drug menace.

Source: This post is based on the article “Should the NDPS Act be amended?” published in The Hindu on 29th October 2021.