IMPACT OF DRUG TOURISM ON ENFORCEMENT STRATEGIES UNDER THE NDPS ACT, 1985

This article is written by Aashi Jain of 2^nd Year of Dharmashastra National Law University, Jabalpur, an intern under Legal Vidhiya

ABSTRACT

A nuanced strategy is required to address the complicated issue of drug tourism’s impact on enforcement efforts under India’s Narcotic Drugs and Psychotropic Substances (NDPS) Act. Drug tourism has put a great deal of burden on the nation’s law enforcement agencies. Drug tourists travel to particular locations with the intention of using or obtaining drugs. This phenomena presents particular difficulties, such as the requirement for additional security in popular tourist areas, the modification of legal frameworks to deal with drug-related charges involving foreign nationals, and the heavier load placed on local authorities to control and suppress illicit drug activity. Effective enforcement methods are necessary to curb the rise in drug tourism in India, as the NDPS Act is the principal legal foundation for controlling narcotic substances. Public awareness efforts, multinational collaboration, and strict monitoring are all part of this. In addition to undermining legal enforcement efforts, the inflow of visitors looking for recreational drug experiences worsens public health problems and has an influence on nearby communities. A comprehensive approach that strikes a balance between community involvement, preventative measures, and strict law enforcement is needed to address these issues.

Keywords

Ndps, Drugs, Drug Tourism, Law Enforcement, Abuse, Health, Foreign Nationals, Consumption

INTRODUCTION

Globalization and technological advancements have made traveling to different parts of the world easier. One of the fastest-growing service sectors globally is tourism. As travel locations became more easily accessible, the tourism industry continued to innovate, creating a variety of specialist services. Medicine Traveling to a place primarily with the goal of using drugs that are typically prohibited in one’s home region or country due to legal or sociocultural reasons is included in the tourism industry niche of tourism.

Since ancient times, a range of medicines have been used in India, but due to a number of sociocultural issues, the usage of these narcotics has been controlled. Substance abuse has increased during the past century due to changes in socioeconomic circumstances. Several laws, such as the NDPS, have tried to restrict drug use. It is important to try to comprehend the sociocultural aspects that influence the kind and pattern of substance use as well as the extent of the harm that the drug in question causes. Additional ways to manage substance usage.[1]

India is situated geographically between two of the world’s most important hubs for the production and smuggling of illegal drugs. The opium-producing regions of the Golden Crescent, which spans Iran, Pakistan, and Afghanistan, are known as the Golden Triangle of narcotics, which consists of Burma, Laos, and Thailand. This region, which spans around one hundred fifty thousand square miles, is where the NDPS material is still produced and smuggled. The drug traffickers operate in the region and propagate narcoterrorism from the golden crescent, using sailing boats from isolated locations along the 7694 km long coastline that encircles the Indian peninsula, including the Andaman and Nicobar Islands and Lakshdweep. The implementation of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, a strict legislative framework designed to combat drug addiction and trafficking, is severely hampered by this tendency. Drug tourism adds to the complexity of the enforcement environment by bringing in international visitors who may not be completely aware of India’s stringent drug laws, in addition to driving up demand for illegal substances. Law enforcement authorities must respond to this by using a multipronged approach that includes increased monitoring, international collaboration, and public awareness campaigns in order to stop the flood of tourists who are looking to buy drugs and make sure that the NDPS Act is strictly followed.[2]

WHAT IS DRUG TOURISM

Drug tourists are those who travel to a certain location for the purpose of purchasing or using narcotics. These travels don’t even have to be lengthy excursions; they can be done for pleasure or personal use. Drug tourism has its roots in the centuries-old practice of spice traders traveling abroad to obtain spices that were unavailable domestically. With the development of transportation and technology, tourism has become more popular than ever, with 1.46 billion travelers in 2019. Sales of drugs, restaurants, and events climb in tandem with increased travel. A significant amount of all three industries’ income comes from tourism, and this trend is expected to continue in the future.

Drug tourism is practiced by people for a variety of reasons. Some desire to relax and indulge in substances that they wouldn’t normally be able to. Some like to explore a new culture and benefit from the laid-back atmosphere.

Drug tourism is a global phenomenon, however some densely populated locations draw a higher number of visitors than others, possibly as a result of broad access, government laxity, or cultural appropriation. The Americas, the Netherlands, and South Asia, which includes Thailand and Laos, are all popular tourist locations where travelers can obtain drugs and consume alcohol.

 The local economies may promote to draw in more visitors because they are aware of the money these tourists bring in. These travelers are searching for an environment in which they can engage in something novel. Sometimes, they’ll use the drug at home as well.

Numerous drug-tolerant nations have recognized a number of problems resulting from their open-mindedness. It is even possible for the phenomenon to spread to nearby nations. Since drug prohibitions have the power to tarnish a travel destination’s reputation, those host countries bear the brunt of their effects. People are more inclined to identify a nation with crime and poverty if they perceive it to have lenient drug enforcement laws, which is bad for the economy.

A bad reputation can have disastrous effects on a nation and cause years of economic regression. Any damage to these destination countries’ reputation could have a negative impact on their national economies because they have grown so reliant on tourism. Numerous locations have promoted legal drug use in an effort to draw in tourists from overseas. When it comes to tourism, public perception and media perception work hand in hand. Success in tourism in a nation depends critically on its ability to comprehend its reputation among prospective visitors. It may encourage certain nations to employ deceptive advertising strategies in an effort to mislead prospective visitors.[3]

Even before the colonial era, India was well-known around the world for its unique characteristics.

Many Westerners and people from other parts of the world have been following spiritual gurus and philosophies like yoga, ayurveda, martial arts, and others for hundreds of years. Traditional Indian medicine has been using natural drugs for medicinal purposes for thousands of years. Later on, it starts to be used recreationally. Different regions, faiths, and cultures in India adopt these recreational drugs as part of their culture. The clearest example of what ancient Hindu religious adherents consumed and practiced is bhang. In Goa, the colonial power had become more well-known for recreational drug use.

We are able to see the growing trend of drug tourism in India. The current drug tourism destinations in India are Himachal Pradesh, Goa, Kodaikanal, and Idukki. Many visitors, both domestic and foreign, come to India solely to partake in the native drug goods and activities.[4]

KEY REGIONS AFFECTED BY DRUG TOURISM IN INDIA

Goa

Goa is now a drug transportation hub on the Indian subcontinent. In Goa, a large number of national and international drug dealers are detained. Substances are reportedly most easily smuggled when women and adolescents are involved. Locals in Goa have frequently complained about drug mafias, which are primarily run by Russians. Numerous domestic low-cost tourists arrive in Goa with camping gear and damage public property; this tendency not only has little economic benefit to the area but also interferes with the tranquil way of life of the locals. As per the Goa Police report of 2017, 162 cases of illicit drug trade were submitted, and about 170 peddlers were arrested after Chief Minister Monohar issued an order to combat drug addicts in Goa. 26 foreign people were detained in 2017 after leaving India. Many overdose incidents, particularly those involving tourists between the ages of 20 and 27, were reported. During the first eight months of 2018, police in Goa filed 173 cases, detained 182 people, and found various substances. According to a study, the majority of visitors to Goa use various narcotics. This made Goa a popular destination for drug tours. Only domestic tourists have been visiting Goa more frequently in recent decades in order to use drugs. The main sources of illegal narcotics for tourists include drug dealers, coffee or massage businesses, chemists, and room service attendants in upscale hotels.

Most of the Respondents didn’t visit Goa first time as a drug tourist, they visited as a part of college tour, gap year travel or business/academic events.

Malana

Malana is a Himalayan community located 21 kilometers from Kasol. High on one side of an untamed and secluded glen that borders the Parvati river in the Himalayan Kullu valley. The town of Malana is renowned for producing the best hashish, known as “Malana Cream.” In the past, Malana’s villagers used a barter system. Foreigners visited these communities later, both during and after India’s colonial era, and taught the inhabitants how to create hashish from weed cultivated in the Parvati Valley. Subsequently, the locals’ only source of income became the manufacture of hashish. In fact, at the Cannabis Cup in Amsterdam in 1995, Malana Cream was voted as one of the top hashish smokes.

The Himachal police report states that along with Indians, foreign drug dealers were also taken into custody. The majority of foreign street vendors are Nigerian natives. In place of cannabis, the local authorities formerly encouraged Malana village to grow cash crops including peas and lilium, a medical herb, in 2010–12. In exchange, the village was promised a set price for their produce. However, the locals felt deceived by the local government’s failure to deliver on its pledge and its 30% fixed price offer. After that, they gave Parvati the entire harvest and resumed growing cannabis. “The only reason they have tourism is because of hashish, and it will suffer greatly if they cease manufacturing it.

According to a drug dealer, trading drugs at religious places such as temples or ashrams was a secure option. The government now intends to establish drug addiction treatment facilities using hydroelectric projects in the Malana region, namely Sutlej Jal Vidyut Nigam Limited (SJVNL) and National Hydro Power Corporation (NHPC). Both tourists and the local community have been impacted. Scams involving the drug trade target visitors visiting Himachal Pradesh. Even young people are developing drug addictions, which is the biggest problem. Thus, Malana evolved into a resort for just drug tourism. Additionally, all of the nearby places—Kasol, Kullu, Manali, Shimla, etc.—had advertised the other medications.

Kodaikanal

Kodaikanal, Tamil Nadu is a well-known drug tourism hotspot in southern India. renowned for producing the hallucinogenic “Magic Mushroom.” The main reason many foreign visitors stay in Kodaikanal is to eat magic mushrooms. It was once used medicinally by the indigenous inhabitants of Kodaikanal’s Vattakanal area, and it is currently used recreationally. Kodai mushrooms can be purchased dry, added to smoothies and other drinks, fried and used in omelets and chocolate bars, or eaten raw by putting them inside a banana. Magic mushrooms provide an LSD-like high. “Magic mushrooms contain psilocin, which is prohibited in India, but since the mushroom has not been made illegal, we cannot arrest those who possess it,” But dealing and transportation are prohibited. It contains a chemical called psilocin, which is illegal in India. The native people of Vattakanal revealed that these miracle mushrooms may be sent straight to the top hotel rooms or, via middlemen, to any region in India via expert courier services. Drug dealers provide information on the Mannavanur mafia, which is responsible for the Indian magic mushroom trade. Mannavanur is a town in Tamil Nadu.

The problem is that the authorities can identify tourists who have taken magic mushrooms in the same way they identify users of alcohol and drugs. College students come to Kodaikanal from Bangalore, Cochin, and other surrounding cities purely to enjoy the magical mushrooms of Kodaikanal. The singular habit of eating magic mushrooms has influenced people’s reasons for traveling to Kodaikanal.

Idukki

The cannabis variety “Idukki Gold” is well-known in Idukki, Kerala; the locals refer to it as Neelachadayan or Neelam. The primary location for Idukki Gold cultivation is Rajakkad, or Idukki. Scams with the drug of Idukki are common. Officials have stated that the original Idukki Gold is no longer available; instead, all Idukki Gold found in the drug market is really imported local marijuana that has been rebranded as “Idukki Gold” from Andhra or Odisha. This will enable the drug dealers to raise the price they charge. Maoists are growing marijuana along the border in Odisha for the most part. Travelers from western nations and other states come to Idukki because of its fame for having the greatest cannabis variety in the world. In Amsterdam, Netherlands, Idukki Gold is a sought-after commodity that is exported from illicit Idukki cultivation. [5]

CHALLENGES IN LAW ENFORCEMENT DUE TO DRUG TOURISM

The lack of comprehensive legislation pertaining to offenses committed in an electronic environment is the most evident legislative shortcoming that drug law enforcement must contend with. A small number of nations have sufficiently updated their penal codes, while others have enacted measures that have been uncomfortably incorporated into the laws already in place. If governments do not simultaneously address the international aspect of high-tech crime, which can start in one country and have effects in another while the evidence can flow through many more, many issues will persist even after law is implemented at the national level. There are now no rules dictating which nation’s laws should be used to prosecute an offence, how court orders can be executed even if defendants live abroad, or whose procedures control cross-border investigations.
In Western Europe, responses to a survey about drug-related online crimes revealed that governments had mostly neglected to enact laws against these kinds of crimes, and that the only interaction that existed between law enforcement and Internet service providers was informal and voluntary. Internet service companies operated outside of national regulatory frameworks and were mostly unregulated in most countries.

The main purposes of the Internet had been for communication and information sharing regarding the illegal manufacture and distribution of drugs. Very few nations kept track of drug-related incidents where traffickers used the Internet to interact with one another, but several did not have enough data to evaluate the phenomenon. All but two nations had documented instances of criminals using encryption in other contexts. Although the location varied across police, customs, telecoms authorities, and computer crime research groups, almost every country had a point of contact for exchanging information on crimes committed over the Internet.[6]

CONCLUSION

A comprehensive and adaptable strategy for drug law enforcement in India is desperately needed, as seen by the influence of drug tourism on enforcement tactics under the NDPS Act. Law enforcement organizations have serious difficulties as a result of the surge of tourists looking for drugs in particular areas, which exposes weaknesses in border security, surveillance, and regulatory frameworks. To effectively address the difficulties brought about by drug tourism, the present enforcement measures under the NDPS Act—which include tighter monitoring, international collaboration, and customized public awareness campaigns—must be strengthened. Furthermore, ongoing legal reforms are required to guarantee that the sanctions and legal system are strong enough to discourage drug-related activity. In conclusion, combating the challenges of drug tourism requires a coordinated effort that integrates law enforcement, legal reforms, and community engagement, ensuring a comprehensive response to this growing issue.

REFERENCES

1. https://www.incb.org/documents/Publications/AnnualReports/Thematic_chapters/English/AR_2001_E_Chapter_I.pdf
2. JR Gaur, Drug Menace, NDPS Crime, RESEARCH GATE, https://www.researchgate.net/publication/284167346_Drug_MenaceNDPS_crime
3. Junaid KC, Drug Tourism In India: Trends And Challenges, IJTRS, https://ijtrs.com/uploaded_paper/DRUG%20TOURISM%20IN%20INDIA%20TRENDS%20AND%20CHALLENGES%20.pdf
4. What is drug Tourism, https://www.scconline.com/blog/wp-content/uploads/2020/07/20th-Harvard-bluebook.pdf
5. Globalization and new technologies: challenges to drug law enforcement in the twenty-first century
6. https://www.incb.org/documents/Publications/AnnualReports/Thematic_chapters/English/AR_2001_E_Chapter_I.pdf
7. From escape to seeking: understanding drug tourists https://www.tandfonline.com/doi/full/10.1080/14766825.2021.1960853
8. file:///C:/Users/Lenovo/Downloads/Travel_and_drug_use_394352%20(4).pdf

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[1] JR Gaur, Drug Menace, NDPS Crime, RESEARCH GATE, (Nov 15) https://www.researchgate.net/publication/284167346_Drug_MenaceNDPS_crime

[2] Junaid KC, Drug Tourism In India: Trends And Challenges, IJTRS, https://ijtrs.com/uploaded_paper/DRUG%20TOURISM%20IN%20INDIA%20TRENDS%20AND%20CHALLENGES%20.pdf

[3] What is drug Tourism, https://www.scconline.com/blog/wp-content/uploads/2020/07/20th-Harvard-bluebook.pdf,( last visited Jul. 27, 2024)

[4]  Ibid

[5]  Supra Note 2

[6] Globalization and new technologies: challenges to drug law enforcement in the twenty-first century, (Last visited Jul 27, 2024), https://www.incb.org/documents/Publications/AnnualReports/Thematic_chapters/English/AR_2001_E_Chapter_I.pdf

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