India has faced the problem of drug abuse for a long time. Drugs, in some form or another, were either made in the country or brought from outside and distributed to innocent people and even regular consumers. The consumption of these substances is hazardous for an individual as well as society. It impacts the person’s health and well-being, indirectly leading to a stagnant society. The government felt the need to tackle this issue as it could create a problem on a large scale.
In furtherance of their commitment to tackle this issue, the Government introduced the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 1985. NDPS was enacted on September 16, 1985. As per the official act, the objective is:
- To consolidate and amend the law relating to narcotic drugs;
- to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances;
- to provide for the forfeiture of property derived from, or used in, illicit traffic of drugs and psychotropic substances;
- to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected in addition to that;
- To combat drug abuse and trafficking.
In this article, we shall examine the historical context, key provisions, and penalties provided under the act. This will help us gain an increased understanding of the government’s stance against drug abuse.
Brief History related to the NDPS Act
Pre-legislation
Before the enactment of the act, there were a few laws that governed the drug control and regulation in the country:
- Opium Act, 1857
- Opium Act, 1878 and
- Dangerous Drugs Act, 1930
However, these laws were not comprehensive, and some loopholes had to be addressed. Due to this, there was an increase in the usage of these substances along with their trafficking. Moreover, cannabis and its derivates, such as hashish, marijuana, and bhang, were legal up until 1985.
Cultural Aspect
In Hindu mythology, the use of cannabis has been mentioned in a few sacred texts, and it was used for recreation in ancient times. The leaves of cannabis, ground on mortar, led to the creation of bhang. Bhang has an immense religious significance, especially among the followers of Lord Shiva. Therefore, excluding Bhang, all other kinds of substances were declared illegal and brought under the act’s ambit.
In simple words, the NDPS Act criminalised the usage of the cannabis fruit and the flower but excluded the leaves, given their religious usage, as that led to the creation of Bhang.
International Commitments
In furtherance of the efforts of the government to fight drug abuse, they have signed and ratified certain international conventions. The Indian government became signatories to:
- UN Single Convention on Narcotics Drugs, 1961
- UN Convention on Psychotropic Substances, 1971 and
- UN Convention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
As India was a party to these conventions, it became integral for the government to implement a domestic act. Hence, NDPS came into effect. The Opium Act and Dangerous Drugs Act were repealed after NDPS came into effect.
Constitutional Commitment
The Constitution of India states in Article 47 that ‘the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.’
In conclusion, this section shows that India’s international and constitutional obligations were the primary considerations for enacting the NDPS Act.
Key Provisions
The act’s enactment is positive, as it was introduced with the vision of reducing the ambiguities related to drug usage and abuse. It went on to define certain critical words, establish regulatory measures, and provide guidelines for prohibition, control, and regulation.
Definition
Certain important aspects have been defined in Section 2 of the Act, which are mentioned below:
- Addict: A person having dependence on a narcotic drug or psychotropic substance.
- Cannabis: It now includes charas, ganja, or any other mixture of these two forms, or also any drink.
- Essential Narcotic Drug: Narcotic drug notified by the Central Government for medical and scientific use.
- Narcotic Drug: It includes coca leaf, cannabis (hemp), opium, popy straw and all manufactured drugs.
- Psychotropic Substance: It means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances.
Regulatory measures
The act empowers and creates the following authorities for the effective implementation of the act:
- The central government can take any necessary measure to prevent and combat the usage of any substance mentioned in the act.
- The Central Government will appoint a Narcotics Commissioner and other officers. Their work is to enforce the provisions of the act.
- The act also provides for the establishment of a Narcotic Drugs and Psychotropic Substances Consultative Committee. The work of this committee is to advise the government regarding the administration of matters that come under this act.
- The act also allows the state governments to appoint officers to enforce the act better on the state level.
Prohibition, Control and Regulation
The act distinctly mentions the activities that are prohibited and can attract penalties or other punishments:
- The act strictly prohibits the production, manufacturing, possession, selling, purchasing, transport, warehouse, usage, consumption, inter-state import, inter-state export, import into India, export from India, or tranship of any narcotic drug or psychotropic substance. These are permitted only if the government authorises them. The usage, if permitted, is limited to medical or scientific purposes only.
- The government has the authority to regulate and permit the cultivation, production, possession, sale, manufacturing, possession, or transport of any substances mentioned in the act.
National Fund for Control of Drug Abuse
The central government can establish this fund to:
- combat illicit trafficking;
- control the abuse of substances;
- rehabilitate the addicts;
- prevent drug abuse;
- create public awareness
- support any medical necessity
Penalties under the Act
The penalties of this act are severe and vary depending on the quantity of drugs involved. The act has clearly identified activities that can be categorised as an offense. Further, the act divides the penalties into three categories depending on the quantity – small, more than small but less than commercial and commercial quantity.
The penalties involve imprisonment of up to one year, fines, or both for possessing small quantities. Further, for quantities that are more than small but less than commercial, the penalty can be imprisonment of up to 10 years and a fine. Lastly, the penalty becomes very harsh if there are commercial quantities. The offenders can be imprisoned for up to 10 years, which goes to 20 years, along with fines.
Repeated offenders can face stricter penalties like huge fines and long imprisonments. Moreover, the death penalty can also be given in extreme cases. In summary, the NDPS Act is a crucial step taken by the government to tackle the long-standing problem of drug abuse and trafficking. The act’s enactment represents a strong commitment of the government to its international obligations and also to its domestic obligation to safeguard public health.
