Indian Law on Drugs

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Lecture Delivered at Department of Law, Shivaji University, Kolhapur, on 28th February, 2013

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Indian Regulatory System with Reference to Drug Addictions:

Indian Regulatory System with Reference to Drug Addictions By Shri. V.Y.Dhupdale Asst. Prof., Deptt. Of Law, Shivaji University, Kolhapur (Email: [email protected])

GOVERNMENT OF INDIA'S APPROACH:

GOVERNMENT OF INDIA'S APPROACH Introduction State intervention Reported trends in drug addiction Constitutional and Legal Framework Demand Reduction Strategy Treatment and Rehabilitation of Addicts Awareness and Preventive Education Training and Manpower Development Inter-sectoral collaboration International cooperation Areas which Need To Be Highlighted In Future conclusion

Kinds of Drugs:

Kinds of Drugs cocaine

Drug Addiction:

Drug Addiction

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Effect of Drug Addiction

Introduction:

Introduction India’s population - 1,220,200,000 (1.22 billion) Area - 3.28 million sq. kms. 3214 k.m. from North to South and 2933 k.m. from East to West About 3 m (0.3 % of population) are victims of different kinds of drug usages, excluding alcohol dependents. Population comes from- diverse-socio-economic, cultural, religious and linguistic backgrounds.

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The use of drugs has been a universal phenomenon. In India also, the abuse of- alcohol, opium and cannabis It is not entirely new. India is the biggest supplier of licit opium for medicinal purposes. India is located close to the major poppy growing areas of the world, with- “Golden Crescent” on the Northwest and “Golden Triangle” on the North–East. These make India vulnerable to drug abuse.

Need for state intervention :

Need for state intervention Drug addiction is becoming area of concern as- traditional security, effective social restrictions, emphasis on self-restraint and pervasive control and discipline of the joint family and community are eroding (destroy).

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Factors affecting loosening of social control- Industrialization, urbanization changing social pattern and migration Which has rendering an individual vulnerable to the stresses and strains of modern life.

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This has led to proliferation (rapid increase) of drug abuse, both of traditional and of new psychoactive substances. New problem - Synthetic and intravenous drug use has led to HIV/AIDS, especially in the Northeast states of the country.

Administration of Drugs:

Administration of Drugs

DRUG ADMINISTRATION:

DRUG ADMINISTRATION

Reported trends in drug addiction :

Reported trends in drug addiction The survey and studies indicate – high concentration of drug addiction in certain social segments & high-risk groups, such as- commercial sex workers, transportation workers, and street children and in the north eastern states/border areas and opium growing regions of the country. In northeast states Intravenous Drug Use (IDU), (esp. Manipur), has led to HIV/AIDS.

CONSTTUTIONAL AND LEGAL FRAMEWORK:

CONSTTUTIONAL AND LEGAL FRAMEWORK Article 47 of the Constitution of India directs the State to Raise the level of nutrition and the standard of living of its people and the improvement of public health, and, to bring about prohibition of consumption, except for medicinal purposes, of intoxicating drinks and drugs which are injurious to health.

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Section 71 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) provides as under: “ Power of Govt to establish centres for- identification, treatment, etc., of addicts and for- supply of narcotic drugs and psychotropic substances - (1) The Govt may, in its discretion, establish as many centres as it thinks fit for- identification, treatment, education, after-care, rehabilitation, social re-integration of addicts ………”

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(2) The Govt may make rules consistent with this Act providing for the- establishment, appointment, maintenance, management and superintendence of ……….. the centres referred to in sub-section (1) and for the - appointment, training, powers, duties and persons employed in such centres.”

DEMAND REDUCTION STRATEGY:

DEMAND REDUCTION STRATEGY The Drug issues are tackled by the Govt of India through its two strategy viz.- supply reduction and demand reduction. Supply reduction is under the Dept. of Revenue. Demand reduction is under social sector. Ministry of Social Justice & Empowerment in Govt of India is responsible for implementation of these strategies in the country.

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The drug abuse is a problem arising out of the- availability of intoxicating drinks & drugs and the social conditions which create the demand & the vulnerability of the modern society With this the need arose for- implementing strategies for prevention of drug abuse, educating the people about its ill effects and rehabilitation of the addicts.

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The UN has also stated that the Demand Reduction is a pillar of drug control strategies. UN has urged all the Members States to- take immediate steps to control the demand for consumption of illicit drugs.

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The approach The Govt. of India has a three-pronged strategy for demand reduction consisting of: - Building awareness and educating people about ill effects of drug abuse B Dealing with the addicts through programme of motivational counselling, treatment, follow-up and social-reintegration of recovered addicts.

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To impart drug abuse prevention / rehabilitation training to volunteers with a view to build up an educated cadre of service providers. The objective is to- empower the society to deal with the problem of drug abuse

TREATMENT AND REHABILITATION OF ADDICTS:

TREATMENT AND REHABILITATION OF ADDICTS The Ministry of Social Justice & Empowerment, has been implementing the Scheme for- Prohibition and Drug Abuse Prevention since the year 1985-86. Accordingly, the voluntary organisations provide actual services through the- Counselling and Awareness Centres; Deaddiction cum Rehabilitation Centres, Deaddiction Camps, and Awareness Programmes.

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Under this Scheme, the Ministry is- assisting 361 voluntary organisations for maintaining 376 De-addiction-cum-Rehabilitation Centres and 68 Counselling and Awareness Centres all over the country. Average annual allocation for this programme has been around US $ 5 million.

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To attain these objectives, all Centres are equipped with a cadre of experts from various fields including- doctors, counsellors, community workers, social workers etc.

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They work in coordination with the- community resources as well infrastructure and services available under other related agencies. To treat hard-core addicts 100 De-addiction Centres are being run in- Government hospitals Primary Health Centres, etc.

AWARENESS AND PREVENTIVE EDUCATION:

AWARENESS AND PREVENTIVE EDUCATION The Counselling and Awareness Centers are engaged in varied community settings including- village panchayats, schools etc. Also the Ministry has been actively utilizing the various media channels for educating the people on the- ill effects of drug abuse and also disseminating information on the service delivery.

TRAINING AND MANPOWER DEVELOPMENT:

TRAINING AND MANPOWER DEVELOPMENT Govt. has established a National Centre for Drug Abuse Prevention (NC-DAP) under the aegis (protection) of the National Institute of Social Defence, New Delhi. Purpose: to serve as the apex body in the field of- training, research and documentation And in the field of drug abuse prevention. The Centre conducts three months’ Certificate Course on- Deaddiction Counselling and Rehabilitation of Drug Abusers.

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The Centre also conducts- advocacy programmes, seminars, conferences and training courses all over the country in collaboration with the State Govt. Institutions and NGOs for- sensitisation, awareness generation and training . The NC-DAP functions with a support by eminent experts and professionals as guest faculty.

INTER-SECTORAL COLLABORATION:

INTER-SECTORAL COLLABORATION Alcoholism and drug abuse is a social illness and Is dealt with by targeting all spheres of human activity. The initiatives being taken include- imparting education on drugs and appropriate modification in school curriculum and sensitisation of school environment. Programmes are being developed for the sensitisation of the- teachers, parents and the peer groups in a school environment through the participation of the Non-Government Organisations.

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The cooperation of the media and various youth organisations has also been solicited for- dissemination of information on ill effects of alcohol/drugs and in engaging the community in positive/healthy alternatives. Govt. infrastructure and services dealing with TB, HIV/AIDS, Hepatitis etc. Medical professionals in the health sector with the knowledge on rehabilitation and after-care of alcohol and drug dependents. Steps initiated for providing training to the NGO professionals. About 100 NGO run Deaddiction Centres supported by the Ministry of Social Justice and Empowerment.

INTERNATIONAL COOPERATION:

INTERNATIONAL COOPERATION The Ministry of Social Justice & Empowerment, with ILO etc, implemented a project on “ Developing Community Drug Rehabilitation and Workplace Prevention Programmes ” to sensitise and train the- voluntary organisations and workplace settings On- prevention of alcoholism and substance abuse in workplace. The work environment of an individual is the most important area of preventive intervention for a potential addict as he still enjoys economic security. The loss of a job further aggravates the addictive behaviour.

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This was followed up with two community-based interventions in collaboration with ILO, etc., namely: Community Wide Demand Reduction in India Community Wide Demand Reduction in North-Eastern States of Indi a

AREAS WHICH NEED TO BE HIGHLIGHTED IN FUTURE:

AREAS WHICH NEED TO BE HIGHLIGHTED IN FUTURE Information linkage Better & personalised data management Research on usage of indigenous methods of treatment both in medicinal & therapeutic areas Accelerated awareness campaign

CONCLUSION:

CONCLUSION A long journey is yet to be covered. The problem is having a transnational causes and implications. Hence it requires Herculean efforts and - The empowerment of society through sensitisation and The awareness is the only solution to enforce agencies in containing the proliferation of drug trafficking and drug abuse.

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Thank You!

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