REHABILITATION PROGRAMS UNDER THE NDPS ACT, 1985

ABSTRACT

The “Narcotic Drugs and Psychotropic Substances Act” is a significant legislative effort aimed at addressing the pressing issue of drug abuse in India. The Act has been amended at times to distinguish between small and commercial quantities of drugs to rationalize punishments and tackle drug abuse within the country. NDPS Act includes measures like stricter penalties for drug-related offenses, expanded powers for law enforcement agencies, improved mechanisms for rehabilitation and treatment of drug addicts, and provisions to curb the illegal production, trafficking, and distribution of narcotics and psychotropic substances. This act focuses on both punishments and reformation. This is evident through inclusion of sections like Section 64A which provides immunity for those seeking voluntary de-addiction treatment. There have been several states such as Maharashtra, Punjab, Goa and Himachal Pradesh that have initiated area specific rehabilitation programmes. The discussion covers the rehabilitation programs along with various challenges which hinders the balanced approach of strict enforcement and effective rehabilitation to address drug abuse.

KEYWORDS

Narcotic Drugs and Psychotropic Substances, Amendment, Rashtriya Kishore Swasthya Karyakram, Law, Rehabilitation, Challenges.

INTRODUCTION

Before the enactment of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 1985, India had no laws regulating narcotics. Historically, the use of cannabis, referenced in ancient texts like the Atharva Veda, was socially accepted and legally sold alongside alcohol. However, the NDPS Act was introduced to comply with international treaties, including the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Today, drug abuse represents a significant socio-economic challenge in India. In response, the government has implemented various measures to curb drug demand and promote the rehabilitation of drug addicts. Central to these efforts is the National Action Plan for Drug Demand Reduction (NAPDDR), which focuses on reducing drug demand and facilitating the reintegration of drug addicts into society.[1] Enacted in 1985, India’s main legal framework against drug abuse and illicit trafficking is the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Act has been amended many times to deal with new challenges and comply with global agreements. Divided into six chapters, the NDPS Act addresses various aspects of drug control. The Chapter I- Preliminary deals with setting forth key terms and a description of this Act. Other chapters include chapter II- Authorities and Officers which describes the powers at their disposal that are invested in the central authorities” and state ones in connection with drug control, chapter II A- National Fund for Control of Drug Abuse which establishes a fund for anti-drug efforts financing, chapter III- Prohibition, Control, and Regulation which specifies the legal prohibitions and regulation of narcotic drugs and psychotropic substances; chapter IV- Offences and Penalties that identifies the various drug-related offenses’ penalties; chapter V- Procedure which describes procedural aspects to be followed during an investigation and chapter VI- Miscellaneous deals with the other provisions of the Act which are less specific.[2]

Although it is strict in punishment for drug traffickers, the NDPS Act also provides for rehabilitative programs for drug users or abusers; thus, showing that it aims at both punishing and reintegrating people into society in order to keep them out of crime which they have been involved in. This article deals with the various rehabilitation programs under the NDPS Act.

CONCEPT OF REHABILITATION

Rehabilitation can be defined as “a set of interventions designed to optimize functioning and reduce disability in individuals with health conditions in interaction with their environment”. It is highly person-specific, which means that the interventions selected for each individual are targeted to their goals and preferences. Rehabilitation can be provided in places like inpatient or outpatient hospital settings, outpatient physiotherapy or occupational therapy practices, and community settings such as an individual’s home, a school or a workplace.

Rehabilitation significantly mitigates the effects of various health conditions, be it diseases, injuries, or chronic illnesses, by complementing medical and surgical treatments to promote optimal recovery and manage complications. It aids in minimizing the progression of chronic conditions like cardiovascular disease, cancer, and diabetes through self-management strategies and assistive products, contributing to healthy aging.[3] Not only that, rehabilitation also offers a great benefit for the people who are addicted to consumption of drugs or any other stimulants which adversely effects the Central Nervous System through overstimulation. As a crucial component of universal health coverage, rehabilitation is essential for achieving Sustainable Development Goal 3, which focuses on ensuring healthy lives and well-being for all ages.[4]

THE REHABILITATIVE INTENT OF THE NDPS ACT

Changes have been made to the NDPS Act multiple times to make it more effective. For example, the 2001 amendment introduced a distinction between “small quantities of drugs” and “commercial quantities of drugs”. This further helped in varying levels of punishment based on the quantity involved. This change aimed to rationalize the sentencing structure, ensuring that traffickers of significant quantities receive deterrent sentences, while users and those involved in lesser offences face reduced penalties.[5] The NDPS Act also provides for the immunity. The section 64 A of the NDPS Act was added to provide immunity from prosecution to drug users who voluntarily seek de-addiction treatment. This section embodies the Act’s rehabilitative intent, aiming to encourage addicts to seek help without the fear of legal repercussions and punishments. The Supreme Court and various High Courts have consistently emphasized the reformative aspects of the NDPS Act. In notable cases, the judiciary has upheld the principle that the Act should focus on rehabilitation for addicts while reserving stringent measures for serious traffickers. For instance, in the HIRA SINGH AND ANR V UNION OF INDIA AND ANR, AIRONLINE 2020 SC 489, the Supreme Court highlighted the legislative intent to rationalize punishment structures and promote rehabilitation for minor offenders.[6]

REHABILITATION PROGRAMS

In order to provide rehabilitation and de-addiction support services, various initiatives have been put in place by the Indian government. Under the National Fund for Control of Drug Abuse, financial resources are allocated for the establishment and maintenance of rehabilitation centres. The government in collaboration with various non-governmental organizations (NGOs) maintains these centres. Such rehabilitation and de-addiction centres aim to offer holistic care, including medical treatment, counselling, and vocational training.[7] Some states have developed specific policies to address their unique challenges which includes the establishment of de-addiction centres and programs under the Rashtriya Kishore Swasthya Karyakram.[8] Some of these rehabilitation efforts include: –

Mumbai’s Rehabilitation Efforts: Mumbai is at the forefront of putting the amended rehabilitation provisions of NDPS Act into effect. Besides, specialized centres and counselling services intended to cut relapse rates for drug abusers have been set up in the city. Additionally, the NGOs along with the law enforcement are working together with the aim to pinpoint hotspots where relevant information may be forthcoming in aid of identifying problem areas and providing support for those addicted while erasing stigma via engaging the community.[9]
Punjab’s Approach: A powerful legalistic and regulatory response emerged from Punjab’s momentous opioid problem. Although imposing strict penalties for traffickers has had some impact, the state finds it difficult to establish enough well-equipped rehabilitation centres. The strategy clearly emphasizes that curbing should be combined with law enforcement along with treatment and rehabilitation measures.[10]
Goa’s Focus on Tourism: Goa has tackled drug abuse through a combination of stringent law enforcement and preventive education for tourists. Although these efforts have reduced instances of drug abuse among visitors, the state still needs to strengthen its rehabilitation infrastructure to support those battling addiction.[11]
Himachal Pradesh’s Mixed Strategy: Himachal Pradesh has embraced a combined strategy adopting a mixed approach which targets both drug traffickers for punishment while users are offered rehabilitation. De-addiction centres have been incorporated into various regional hospitals by the state which is functional, although the absence of designated public centres and monitoring of private centres remains a serious impediment.[12]

THE NEED FOR REHABILITATION PROGRAMS UNDER NDPS ACT

The NDPS Act is one of India’s most strict laws, with harsh mandatory minimum sentences and limited judicial flexibility, even for minor offenses involving small quantities of drugs. This corrective and disciplinary approach has been criticized for disproportionately affecting minor offenders and hindering rehabilitation efforts. India faces an increasing problem with synthetic drugs. This requires a shift from purely punitive measures to a more balanced approach that includes rehabilitation and de-addiction programs. States like Himachal Pradesh, Goa, Maharashtra (Mumbai) have recognized this need and are attempting to implement mixed policies that combine strict enforcement with rehabilitative measures.[13] Also, the global criticism of harsh anti-drug laws has led to amendments in the NDPS Act, such as the 2001 changes introducing classifications of drug quantities and varying punishments. These amendments reflect a growing recognition of the need for more nuanced policies that differentiate between personal use and trafficking.[14] There has been a growing consensus that treating drug users as patients in need of medical help rather than criminals is more effective in reducing drug abuse. This approach focuses on the importance of rehabilitation and de-addiction programs, aiming to integrate drug users back into society rather than subjecting them to long prison sentences.[15]

Therefore, the rehabilitation programs under the NDPS Act are essential to address the various challenges posed by drug abuse in India. The aim of this program is to provide medical and psychological support to drug users, helping them overcome addiction and reducing the overall demand for illegal drugs.

CRITICISM OF THE NDPS ACT IN REHABILITATION

Despite the progressive aspects of the NDPS Act, its implementation has faced significant challenges. The average conviction rate of the Narcotic Drugs and Psychotropic Substances (NDPS) Act is 77.2 % whereas there is also a high pendency rate of 80.6 % which means that a lot of cases are pending. This backlog often leads to prolonged detention of individuals, even for minor offenses such as possession for personal use, which constitutes a majority of the arrests under the Act. Despite amendments aimed at distinguishing between small and commercial quantities of drugs, the Act remains highly punitive. First-time offenders and individuals possessing drugs for personal use face harsh penalties, with limited opportunities for bail and probation. Public de-addiction centres are insufficient and sometimes lacks the necessary facilities. Whereas private centres are expensive and sometimes engage in abusive practices. This limits access to effective rehabilitation for many drug users, particularly those from weak socio-economic backgrounds.[16] Furthermore the stringent penalties and criminalization of drug users under the NDPS Act leads to significant human rights issues. Many argue that the Act’s disciplinary approach worsens the problem by driving users away from seeking help and pushing them into the criminal justice system, which can further marginalize and criminalize them.[17] Another argument is for a shift from corrective measures to a more rehabilitative and harm-reduction approach. Recommendations include decriminalizing the possession and consumption of cannabis, enhancing research and understanding of drug use patterns, and improving the availability and quality of treatment interventions.

Therefore, NDPS Act’s approach to drug control has been criticized for being overly corrective, disciplinary and insufficiently supportive of rehabilitation, highlighting the need for significant reforms to better address drug addiction and support affected individuals.

MEASURES THAT SHOULD BE TAKEN

For the NDPS Act’s rehabilitative measures to be more effective, various steps are needed to be taken:

Increasing the number of Public De-addiction Centres: Expanding the number of government-funded de-addiction centres with adequate facilities and trained personnel is very important for the rehabilitation programs. This would ensure broader access to rehabilitation services for all socio-economic groups including the weaker sections.
Need to regulate Private Centres: Implementing strict regulations for private de-addiction centres in order to prevent human rights abuses and to ensure standard treatment practices will help in strengthening the rehabilitation and de-addiction programs under NDPS Act.
Awareness Campaigns and sensitization programs: Launching extensive awareness campaigns and sensitization programs to educate the public about the availability of rehabilitation programs and the legal protections for those seeking treatment. This could be done through organizing various seminars and webinars.
Judicial Reforms: The burden on drug addicts will be reduced and they will be encouraged to seek help if the complex legal processes involved in dealing with drug-related cases are made simpler and the trials are conducted in timely manner.
Community-Based Programs: The development of the community-based rehabilitation programs that involve local organizations and provide a supportive environment for recovery will prove to be beneficial. This could also help in removing the social stigma about the drug users and will provide a way for them to lead a healthy lifestyle in the society.

CONCLUSION

The NDPS Act focuses on both- strict punishment for traffickers and rehabilitation for addicts. It represents a comprehensive approach to deal with drug abuse in India. However, the success of its rehabilitative measures and programs depends highly on effective implementation, adequate resources, and continuous reforms to address emerging challenges. There are various state as well as central government incentives and rehabilitation programs which is needed to be strengthened. There is also the need to ensure that there is broader access to treatment. India can better support individuals struggling with addiction and contribute to the overall goal of reducing drug abuse in society.

REFERENCES

Nikunj Arora, Yash Singhal, A detailed analysis of the National Drugs and Psychotropic Substances Act, IPLEADERS ( July 17, 2024, 10:15 PM), https://blog.ipleaders.in/a-detailed-analysis-of-the-national-drugs-and-psychotropic-substances-act/
Astha Madan Grover, Sushovan Patnaik, India’s War On Drugs And The Challenges To Rehabilitative Justice, VIDHI CENTRE FOR LEGAL POLICY (July 15, 2024, 09:36 PM) https://vidhilegalpolicy.in/blog/indias-war-on-drugs-and-the-challenges-to-rehabilitative-justice/
Aneesha Mathur, NDPS Act speaks of reform and leniency for drug users, say lawyers, INDIA TODAY (Date of publication: Oct 22, 2021 8:16 PM) https://www.indiatoday.in/law/story/ndps-act-reform-leniency-drug-addicts-aryan-khan-mumbai-cruise-drug-case-1868188-2021-10-22
The Effectiveness of the new Narcotic Drugs and Psychotropic Substances (Amendment) Act,2021 in tackling drug abuse in India, LAW LEGAL (July 14, 2024, 7:30 PM) https://lawfullegal.in/the-effectiveness-of-the-new-narcotic-drugs-and-psychotropic-substances-amendment-act2021-in-tackling-drug-abuse-in-india/?amp=1
Narcotic Drugs and Psychotropic Substances Act, 1985, WIKIPEDIA (July 16, 2024, 2:36 PM) https://en.m.wikipedia.org/wiki/Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985
Aditya Mehrotra, Critique Of Narcotic Drugs And Psychotropic Substances Act, 1985: Plugging The Loopholes, LEGAL SERVICE INDIA E-JOURNAL (July 15, 2024, 12:00 PM)https://www.legalserviceindia.com/legal/article-7966-critique-of-narcotic-drugs-and-psychotropic-substances-act-1985-plugging-the-loopholes.html
Rehabilitation, WORLD HEALTH ORGANIZATION (July 23, 2024, 05:30 PM), https://www.who.int/news-room/fact-sheets/detail/rehabilitation#:~:text=Rehabilitation%20is%20defined%20as%20%E2%80%9Ca,in%20interaction%20with%20their%20environment%E2%80%9D.
Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act), BYJU’S (July 24, 2024, 03:00 PM) https://byjus.com/free-ias-prep/narcotic-drugs-and-psychotropic-substances-act-1985/#:~:text=The%20Narcotic%20Drugs%20and%20Psychotropic%20Substances%20Act%2C%201985%20also%20knows,narcotic%20drug%20or%20psychotropic%20substance.

[1] Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act), BYJU’S (July 24, 2024, 03:00 PM) https://byjus.com/free-ias-prep/narcotic-drugs-and-psychotropic-substances-act-1985/#:~:text=The%20Narcotic%20Drugs%20and%20Psychotropic%20Substances%20Act%2C%201985%20also%20knows,narcotic%20drug%20or%20psychotropic%20substance.

[2] Nikunj Arora, Yash Singhal, A detailed analysis of the National Drugs and Psychotropic Substances Act, IPLEADERS ( July 17, 2024, 10:15 PM), https://blog.ipleaders.in/a-detailed-analysis-of-the-national-drugs-and-psychotropic-substances-act/

[3] Rehabilitation, WORLD HEALTH ORGANIZATION (July 23, 2024, 05:30 PM), https://www.who.int/news-room/fact-sheets/detail/rehabilitation#:~:text=Rehabilitation%20is%20defined%20as%20%E2%80%9Ca,in%20interaction%20with%20their%20environment%E2%80%9D.

[4] Id

[5] Astha Madan Grover, Sushovan Patnaik, India’s War On Drugs And The Challenges To Rehabilitative Justice, VIDHI CENTRE FOR LEGAL POLICY (July 15, 2024, 09:36 PM) https://vidhilegalpolicy.in/blog/indias-war-on-drugs-and-the-challenges-to-rehabilitative-justice/

[6] Aneesha Mathur, NDPS Act speaks of reform and leniency for drug users, say lawyers, INDIA TODAY (Date of publication: Oct 22, 2021 8:16 PM) https://www.indiatoday.in/law/story/ndps-act-reform-leniency-drug-addicts-aryan-khan-mumbai-cruise-drug-case-1868188-2021-10-22

[7] Nikunj Arora, Yash Singhal, A detailed analysis of the National Drugs and Psychotropic Substances Act, IPLEADERS ( July 17, 2024, 10:15 PM), https://blog.ipleaders.in/a-detailed-analysis-of-the-national-drugs-and-psychotropic-substances-act/

[8] Astha Madan Grover, Sushovan Patnaik, India’s War On Drugs And The Challenges To Rehabilitative Justice, VIDHI CENTRE FOR LEGAL POLICY (July 15, 2024, 09:36 PM) https://vidhilegalpolicy.in/blog/indias-war-on-drugs-and-the-challenges-to-rehabilitative-justice/

[9] The Effectiveness of the new Narcotic Drugs and Psychotropic Substances (Amendment) Act,2021 in tackling drug abuse in India, LAW LEGAL (July 14, 2024, 7:30 PM) https://lawfullegal.in/the-effectiveness-of-the-new-narcotic-drugs-and-psychotropic-substances-amendment-act2021-in-tackling-drug-abuse-in-india/?amp=1

[10] Id

[11] Id

[12] Astha Madan Grover, Sushovan Patnaik, India’s War On Drugs And The Challenges To Rehabilitative Justice, VIDHI CENTRE FOR LEGAL POLICY (July 15, 2024, 09:36 PM) https://vidhilegalpolicy.in/blog/indias-war-on-drugs-and-the-challenges-to-rehabilitative-justice/

[13] Id

[14] Narcotic Drugs and Psychotropic Substances Act, 1985, WIKIPEDIA (July 16, 2024, 2:36 PM)https://en.m.wikipedia.org/wiki/Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985

[15] Astha Madan Grover, Sushovan Patnaik, India’s War On Drugs And The Challenges To Rehabilitative Justice, VIDHI CENTRE FOR LEGAL POLICY (July 15, 2024, 09:36 PM) https://vidhilegalpolicy.in/blog/indias-war-on-drugs-and-the-challenges-to-rehabilitative-justice/

[16] Id

[17] Aditya Mehrotra, Critique Of Narcotic Drugs And Psychotropic Substances Act, 1985: Plugging The Loopholes, LEGAL SERVICE INDIA E-JOURNAL (July 15, 2024, 12:00 PM)https://www.legalserviceindia.com/legal/article-7966-critique-of-narcotic-drugs-and-psychotropic-substances-act-1985-plugging-the-loopholes.html

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