Drug abuse is not a phenomenon of recent origin. Alcohol, opium, and cannabis have been used by man since time immemorial to induce a feeling of euphoria or to find an imaginary escape from feelings of despair, rejection, and anxiety.

The problem of drug abuse had not received any serious attention in the past as it was limited only to a few sections of society. Secondly, the substances used were not as dangerous as seen in recent times. The advent of far more hazardous drugs like heroin, LSD, amphetamines, and methaqualone on the scene, and also the growing incidence of drug abuse even amongst school-going children and adolescents, have brought the problem to focus throughout the world. Apart from the physical and mental damage that drugs have done to millions of users, illicit trafficking in drugs has also resulted globally in the escalation of other anti-social activities such as organized crime, corruption, intimidation of public officials, illegal banking operations, and criminal violations of import and export laws. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was introduced in Lok Sabha on December 6, 2021. It seeks to replace the Narcotics Drugs and Psychotropic Substances (Amendment) Ordinance, 2021. The Act regulates certain operations (such as manufacture, transport, and consumption) related to narcotic drugs and psychotropic substances. The Narcotics Drugs and Psychotropic Substances Act (NDPS) is an Indian law that was passed on November 14, 1985, to combat and prevent drug abuse in the country.

The NDPS Act has been amended several times since its inception, the most significant being the addition of the death penalty for certain drug offenses, the addition of new substances to the list of prohibited drugs, and the inclusion of mandatory drug rehabilitation for drug users.

The purpose of the NDPS Act, which was passed on November 14, 1985, is to prevent and control drug abuse in India by criminalizing the production, manufacture, cultivation, possession, sale, purchase, transportation, and consumption of narcotic drugs and psychotropic substances, except for medical and scientific purposes Article 47 of the Constitution provides that “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of Public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of Intoxicating drinks and of drugs which are injurious to health.” India is a signatory to the three UN Conventions namely, Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances, 1971 and Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Article 38 of the Single Convention on Narcotic Drugs, 1961, and Article 20 of The Convention on Psychotropic Substances, 1971 obligate countries to take all practicable measures for the prevention of harmful use of drugs/psychotropic Substances and for the early identification, treatment, education, after-care, Rehabilitation, and social reintegration of the persons involved and also for promoting the training of personnel in these areas. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was framed taking into account India’s obligations under the three UN drug Conventions as well as Article 47 of the Constitution mentioned above. The NDPS Act divides the powers and responsibilities of the regulation of licit activities. Section 9 of the Act has listed various activities which the Central Government can, by rules, regulate while section 10 lists various activities which the Central or concerned State Government enforces the State.

In recent years, the NDPS Act has undergone amendments to address emerging challenges in the fight against drug abuse and trafficking. These amendments reflect the evolving nature of the drug trade and the need for adaptive legal measures. For instance, amendments have introduced provisions to address the trafficking of synthetic drugs and new psychoactive substances, which pose unique challenges due to their rapid emergence and varying effects. The Act’s ability to adapt to these changes is crucial in maintaining its relevance and effectiveness in the ongoing battle against drug abuse. The Narcotic Drugs and Psychotropic Substances Act, of 1985 is the primary law to combat drug trafficking in India. The NDPS Act created a regime of “prohibition, control, and deterrence”. The Act was passed with the intent to fulfill India’s obligations and commitments under various International Conventions towards eradicating the drug abuse problem in the country. The NDPS Act was a result of pressing circumstances which demanded an Act to regulate the menace of drug trafficking in India. The urgency was established when India was dragged into the drug net by becoming an established transit country, and damage had already begun to ensue in the form of spill-over effects. It is then that the Parliament passed the purportedly all-inclusive, NDPS Act, 1985.

The NDPS Act, prima facie criminalized the consumption of drugs entailed stringent punishments for drug traffickers, and included provisions for rehabilitation of drug addicts. The legislature tried to differentiate traffickers and individual consumers, as there is potential to transform victims/consumers using rehabilitation.

Conclusion

The NDPS Act stands out not only for its comprehensive legal framework but also for its innovative approach to tackling the multifaceted issue of drug abuse and trafficking. By incorporating stringent penalties, specialized enforcement mechanisms, and a focus on both prevention and rehabilitation, the Act reflects a progressive and multifaceted strategy. Its distinctive features, such as the provision for the death penalty in severe cases and stringent bail conditions, exemplify India’s commitment to addressing the drug crisis with both rigor and foresight. Moreover, the Act’s adaptability through amendments and its emphasis on collaboration with international agencies underscore its dynamic nature in responding to evolving drug-related challenges. As India continues to confront the complexities of drug trafficking and abuse, the NDPS Act remains a vital tool in its legal arsenal, embodying a blend of severity and innovation in the ongoing battle against one of the most pressing global issues.

References:

• Narcotics Drug and Psychotropic Substances Act, 1985

• Constitution of India

https://narcoticsindia.nic.in/legislation/ndpsact.pdf

https://prsindia.org/files/bills_acts/acts_parliament/2021