ABSTRACT
In my research paper, I will be discussing on the topic which are related to “Drug Regulation and its impact on society “in India there are large number of consumers of drugs, majorly includes young age people its affect not only individuals who abuse drugs but also their families and friends, various business and government resources. Obvious effects of drugs include ill health sickness, and ultimately death. Drugs controller general of India (DCGI) is head of department of “central drugs standard control organization” (CDSCO) responsible for approval of licenses of drugs such as blood and blood products IV fluids, vaccines and sera in India. Certain laws such as the narcotic Drugs and psychotropic substances Act, 1985. Pass by parliament that prohibits a person the production/manufacturing/cultivation possession, sale, transport of any narcotic drugs or psychotropic substance. Also we will discuss the major problems related to Drug regulation some of problems are mentioned here like Lack of Adequate Regulation and Enforcement, Inadequate Resources, Lack of Transparency and Accountability and many more problems.
KEYWORDS
Narcotics, NDPS act, Drug, Indian Society, Punishment, regulations
INTRODUCTION
Drug use in India is not a new problem this is available in our society from the centuries. In the ancient times the kings of Indian continental are also consumed the drugs in different types. In India Indian believes that using drugs in ceremonial rituals is ancient tradition and they also use drugs in daily activities. India has a rich site where a drug can be farm but excessive usage of drug prohibits the normal person to farm such type of substance, in many centuries ago drug was used to make medicines as we can see that where a drug help to make a medicine but it gave a negative impact on the society. Today’s youth are ruining their life by taking many types of drugs which gives them low confidence, bodily weakness, illness, and the drugs are leads to death also. The government of India had taken many actions against the usage of drugs time to time and passed many types of acts which are mentioned below.
LAW RELATED TO DRUGS
Narcotic Drugs and Psychotropic Substances Act, 1985
India has signed three United nation conventions. The first being in the year of 1961 Single Convention on Narcotic drugs, the second being the 1971 convention on the psychotropic Substances and the last being in the year 1988 Convention against illegal trafficking of Narcotic Drugs and Psychotropic substances.
The NDPS Act places a restriction upon cultivation, production, sale, purchase, possession, use, consumption, import, and export of narcotic drug and psychotropic substances except when the are used for a scientific purpose or medical use only. And if someone do so shall be punished
Section 27 of NDPS Act says that whosoever, consumes any narcotic drug or psychotropic substance shall be punished
Section 23 prohibit the illegal import export of narcotic drugs
So all three substances are covered under the NDPS Act,
- Narcotics drug covered under the 1961 convention.
- Psychotropic Substances, and those substances which are covered under the 1971 convention.
- Controlled substances that are used to manufacture drugs or psychotropic substances.
NDPS act, 1985 has been amended three times in 1989, 2001, and 2014
Narcotics Drugs includes-
Opium – This category includes poppy straw, poppy plant, opium poppy juice, and any preparation having 0.2% morphine. Derivatives of opium include morphine, heroin, thebaine, etc.
Cannabis – Resin (Charas and Hashish), plant, fruit tops and flowering of the plant (Ganja), or any mixture of Ganja, Charas and Hashish are all included in this category and is regulated by the state laws.
Coca Plant – Leaf or other derivatives including cocaine. It also includes any preparation which contains 0.1% cocaine.
NDPS Amendments till now
1989 – The NDPS act was first time amended in this year. In this amendment government introduce very harsh punishment, as like mandatory minimum Imprisonment of 10 years, a bar on suspension, restriction on bail, trial by special court, forfeiture the property, and mandatory death penalty in some cases of repeated offense. After these amendments and very heavy fines, until and unless the person could prove that it was for his own personal use.
2001 – Due to the criticism faced by the 1989 amendment because of the irregular sentencing policies, the 2001 amendment was passed. In this amendment the penal provision were again upgraded and the penalties were imposed on the basis of quantity of the drugs.
In this amendment government introduce the three categories regarding the quantity of drugs which are mentioned ahead (I) Small (II) commercial, (III) Intermediate
2014 – This was the third amendment of NDPS act and add a new category of essential narcotics drug which the central government can regulate uniformly throughout the nation. And the objective of law was widened with the promotion of narcotic drugs and psychotropic substance for scientific and medical use but also prohibiting illegal use. And many more things are changed in this amendment.
CASES RELATED TO NDPS Act
Raj Kumar karwal vs Union of India (1990) 2 SCC 409
Kanhaiyalal vs Union of India (2008) 4 SCC 668
In both the cases, the Indian Supreme Court, in a departure from the settled position on the law on evidence, made confessions to drug law enforcement officers admissible as evidence
Balley Singh v State of Uttar Pradesh and Ors AIR 1967 Al 341, where the Allahabad High Court cites a decision of the Supreme Court of India dated 17/2/1956, where a challenge to the Opium Acts and the Dangerous Drugs Act on the grounds of Article 14 (right to equality before law) and Article 19(1)(g) (right to freedom of trade and occupation) was rejected
SUGGESTIONS
In India the government mainly focuses on the upgrading the punishment. Every time when the government has amended the law, they mainly focus the punishment which is given to the offender. In my opinion this is not the correct way to change the society and this idea is not so much affective because if someone doing those acts which are prohibited in the law he will be punished but if someone take or consume these substances and become the habitual of this thing then he will not be afraid from the punishment and penalty. First thing what government have to do they have to change their mind set and focus more on import and export instead of giving the harsh punishment. In India the government have full security of cultivation of drug and they cultivate these for medicine purpose yes this right there is no disadvantages from the making these type of law. The main source of the drug in India which is ruining the todays generation is coming from the other countries like Afghanistan, Pakistan, and Iran are those countries which cultivate the drugs on their land and export to India by various method and in the east of our nation there are another three countries which cultivate opium on their land namely Indonesia, Myanmar, Laos they export illegally to India through the Bangladesh and Myanmar and one last country Nepal also doing the same , this nation also cultivate and send India illegally. The government has to stricter on the import export of the illegal drug. If government do so then the Drug regulation must be giving the great impact on society.
CONCLUSION
in conclusion we can summarise the thing that in India there mass number of people who consume the drug by many ways for this government has made many regulations regarding this but they are unable to deal with it they have passed many law which upgrades the penalty or punishment but if government wants to change the people first government has to change their prospective for the people they have to give information about it and also has to spread the awareness about it as well as the government of India has to make more focus on the import export of the drug in India.
NAME- ROBIN PAWAR
COLLEGE – ASIAN LAW COLLEGE , NOIDA