THE CONGRUITY OF LAWS GOVERNING NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INDIA AND THE WAY FORWARD

Abstract

Narcotic drugs and substance abuse have been considered a menace across the world for many decades. The world saw drug addiction or substance abuse as a crime rather than as a medical-legal challenge faced by individuals. However, in the last few years, this perception seems to have transformed from a punitive approach to a reformatory and rehabilitative approach.

Most surveys suggest that drug use peaks amongst the age group of 18-25 years. Surveys also indicate a high rate of initiation of drug use amongst adolescents. The importance of the issue is manifest from the fact that 50% of the Indian population is below the age of 25 years and around 65% is below the age of 35 years, and it is expected that the average age of the Indian population would be 29 years by the year 2020.

In this paper, the authors have attempted to trace the journey of the NDPS Act and shed light on the issues such as lack of rehabilitation and pendency, which have marred the success of the Act. This paper seeks to analyse the drug laws of India which were enacted to deal with the menace of drug abuse as well as to fulfil its international obligations. Simultaneously, the authors have attempted to bring forth the key factors which seem to have shattered the intent and objectives behind this piece of legislation. The authors have weighed the Act against International Conventions and tried to test its congruity with the rehabilitative approach. Relying on various reports, domestic and global judicial developments and other reliable sources, the authors have attempted to bring forth the challenges which are being faced in dealing with the matters relating to narcotic drugs and substance abuse under the NDPS Act and other ancillary laws and provide some suggestions thereon.