Smarter drug laws social justice ministry is right but enlightened narcotics control needs even more reforms

Smarter drug laws social justice ministry is right but enlightened narcotics control needs even more reforms

The Union social justice ministry has proposed an important amendment to the Narcotic Drugs and Psychotropic Substances Act – treat those apprehended with small quantities of drugs as victims rather than culprits. Terming them as drug users instead of NDPS Act’s definition of drug consumers as “addicts”, the ministry recommended a mandatory minimum period of 30 days at a rehabilitation/de-addiction facility followed by one year of community service. These are humane and smart recommendations. But reforms need to go further.

Cannabis, outlawed by NDPS Act in 1985, despite its long presence in Indian culture, must be decriminalised. A remodelled NDPS Act focussed instead on tackling the real problem of trafficking hard drugs, is needed. Much institutional energy is expended in prosecuting drug users caught with small quantities for personal consumption. Backlogged criminal courts aggravate the situation. The Narcotics Control Bureau is getting embroiled in small drug consumption cases and reflexively opposing bails. This shows how even elite agencies can lose way. And the current imbroglio over Aryan Khan’s case and its many twists demonstrate what NCB should not be expending its energies on.

Policing agencies tend to use stringent laws like a blunt instrument. Though possessing small quantities of cannabis is punishable with upto one-year imprisonment and hence should be bailable, police and prosecution get tremendous leeway to routinely accuse drug consumers of being in cahoots with drug syndicates. This transforms even minor offences into ones of severe magnitude. Making laws more stringent demands they be defined precisely, with safeguards. Otherwise the law fails its purpose. Inclusion of cannabis in NDPS is an example of creating avenues for crime where none existed. Heavyweight ministries like home, which controls NCB, and finance, with administrative authority over NDPS Act, must seriously consider the social justice ministry’s suggestions – and go even further.