Drug Control Policy in India: A Socio-Legal Analysis

Abstract

NDPS Act, exercising control over narcotics and psychotropic substances, is a response to the International commitments to which India is a party. It also reflects the sincerity to the constitutional mandate provided under Article47. The objective of the Act is to control the supply and eradicate problematic drug use while widening its scope by promoting it for “scientific and medical purpose”. To achieve the objectives, the Act is predominantly penal with reverse onus principle. The Act also provides for the reformative approach towards the consumers of drugs, but, their interaction with the criminal justice system is inevitable, as possession is a sine qua non for consumption. Thus, the journey towards reformation starts through the criminal justice system and in the way they come in contact with different actors of law enforcement- the police, judiciary and correctional personnel. The enforcement of narcotic and psychotropic laws leads to criminalisation of drug users and ultimately, treatment, rehabilitation and the goal of good health and wellbeing remain unrealised. In view of the theme “Better Knowledge for Better Care”,2 this paper is an attempt to observe how criminal justice system approaches the “Crime” of drug use. To this end, the decisions of apex court will be taken into account to improve understanding of the problem for countering its negative impacts.