Introduction
Drug abuse is a process of misuse of the drug in various ways which will affect your brain and behavior; you cannot resist the urge to use them, no matter how much harm the drugs may cause.
Addicts are using a substance that is easily available like cough syrups, pain killer ointments, glue, colophony, paints, gasoline, and cleaning fluids. The street and working children are the common hard and soft drug-addict people such as whitener, alcohol, tobacco. Drug abuse has become a big problem in our country especially in these states Manipur, Mizoram, Nagaland, Himachal Pradesh, Punjab, Haryana, and Western Rajasthan. Punjab and Manipur are at the top of this list.
At present, drug abuse is being seen as a complex problem because it is internally linked with other serious crimes such as organized crimes, human trafficking, and money laundering. The seriousness of this problem can be traced to the information provided by the National Crime Records Bureau (NCRB) that in 2010 and 2009, Narcotics of Rs.19.51 crore and Rs.17.05 crore were seized. Drug abuse may decrease the memory of the user and it can take the life of the user. It may be a cause of various diseases like HIV/AIDS, heart attack, cancer, etc.
India n Constitution has also prohibited the misuse of drugs, under Article 47 it is the responsibility of the state to prohibit the misuse of drugs.
International Treaties And Conventions
- Convention on Narcotic Drugs, 1961.
- The Convention on Psychotropic Substances, 1971.
- Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
- Transnational Crime Convention, 2000. Indian Parliament has enacted too.
Central Acts:-
- The Narcotic Drugs and Psychotropic Substances Act, 1985, and
- The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Government Initiatives
The Indian government has taken a significant step to help alcohol and drug abusers by launching a national toll-free helpline number – 1800-11-0031 and control drug abuse in India. The PM Minister Narendra Modi’s plan to eradicate the menace of drug abuse in India and assist the existing victims in successful rehabilitation & the helpline was started to set in motion.
- A nation-wide network of about 350 NGOs running more than 400 Integrated Rehabilitation and Treatment (IRCA) centers, with the financial assistance of the Ministry.
- Works on-premises of effective handling of the psycho-social & medical problem through community-based intervention.
- The average bed capacity of de-addiction centers is about 6000 for in-patient treatment.
Legal Framework
The Parliament passed the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) hastily, without much debate. The NDPS Act came into force on 14 November 1985, replacing the Opium Acts and the Dangerous Drugs Act. The 1940 Drugs and Cosmetics Act, 1940.
The Act was enacted to provide adequate penalties for drug trafficking, strengthen enforcement powers, implement international conventions to which India was a party, & enforce controls over psychotropic substances. Recently, the amendment of this Act was in 2014.
It prohibits the cultivation, production, possession, sale, purchase, trade, import, export, use, and consumption of narcotic drugs and psychotropic substances except for medical & scientific purposes by the law. Accessory crimes of aiding and abetting and criminal conspiracy attract the same punishment as the principal offense.
As per Section 20 of the Act production, sale/purchase, transportation, interstate import/export or any other commercial activity of cannabis is punishable.
- For holding a small quantity; the punishment is rigorous imprisonment for up to 6 months, a fine of Rs 10,000, or both.
- For holding more than a small quantity but less than the commercial quantity; the punishment is rigorous imprisonment for up to 10 years, a fine of Rs 1 lakh, or both.
- For holding commercial quantity; the punishment is rigorous imprisonment for up to 10-20 years, a fine of Rs 1-2 lakh, or both.
The small and commercial quantity of various drugs in India are as follows:
Heroin: 5 grams-250 grams
Cocaine: 2 grams-100 grams
Hashish or Charas: 100 grams-1 kg
Opium: 25 grams-2.5 kg
Ganja: 1kg-20 kg
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