ROLE OF NGOS AND CIVIL SOCIETY IN DRUG AWARENESS AND PREVENTION UNDER THE NDPS ACT, 1985

This article is written by Pratham Bharat Patel of 2^nd Semester of KES JP Law College, an intern under Legal Vidhiya

ABSTRACT

Drug abuse is a serious and widespread problem that poses significant challenges globally, affecting individuals and communities alike. Despite widespread awareness of the harm caused by drugs, usage continues, leading to deteriorating physical and mental health, impaired judgment, and psychological issues such as depression, anxiety, and irritability. The lives of drug abusers are often spoiled in all aspects, including academic performance, social relationships, and self-esteem, necessitating costly treatments and rehabilitation. The NDPS Act of India aims to address these issues, but the support of non-governmental organizations (NGOs) and civil society is crucial to its success. These groups play a vital role in drug awareness and prevention through education, advocacy, and rehabilitation services. Their grassroots efforts complement government initiatives, enhance community participation, and promote a collaborative approach to combating drug abuse. This paper highlights the indispensable role of NGOs, social clubs, religious groups, and society in addressing the drug abuse crisis, aiming to reduce its prevalence and mitigate its harmful effects on youth and adults.

Keywords

Drug abuse, NDPS Act, NGOs, civil society, drug awareness, prevention, rehabilitation, public education, policy advocacy, community participation, psychological problems, social clubs, treatment.

INTRODUCTION

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, was enacted to combat drug abuse and to regulate the use, distribution, manufacture, and trade of narcotic drugs and psychotropic substances. Narcotic drugs induce sleep, while psychotropic substances affect the mind and alter mental states. The NDPS Act, passed by the Indian Parliament on November 14, 1985, includes provisions for the cultivation of cannabis, poppy, and coca plants, as well as the production of psychotropic substances derived from these plants, recognizing their medicinal uses.

The Act aims to control the manufacturing, possession, sale, and transportation of narcotic and psychotropic substances. It specifically bans the sale of around 200 psychotropic substances to walk-in customers, requiring prescriptions for their purchase. The NDPS Act prohibits the manufacturing, production, cultivation, possession, sale, purchase, transportation, storage, and consumption of any narcotic or psychotropic substance without appropriate authorization. This summary outlines the key provisions of the NDPS Act.

The role of Non-Governmental Organizations (NGOs) and civil society in drug awareness and prevention is pivotal, especially under the framework of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in India. These entities act as crucial intermediaries between the government and the community, leveraging their grassroots presence to educate, prevent, and reduce drug abuse. Through various programs and initiatives, NGOs and civil society groups engage in advocacy, outreach, and support services, targeting vulnerable populations to mitigate the impact of drug abuse. They work to raise awareness about the legal and health consequences of drug use, promote rehabilitation and treatment options, and support policy changes that aim to create a more effective and humane approach to drug control. Their efforts complement the legal provisions of the NDPS Act by fostering a community-based approach to drug prevention, highlighting the importance of collective action in addressing this complex social issue.

HISTORICAL BACKGROUND

India is a signatory to three major UN conventions concerning narcotics and psychotropic substances: the UN Single Convention on Narcotic Drugs (1961), the UN Convention on Psychotropic Substances (1971), and the UN Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). These conventions aim to restrict the use of these substances to medical and scientific purposes and prevent their abuse. When creating the NDPS Act, India’s obligations under these conventions, along with Article 47 of the Indian Constitution, were taken into account. The NDPS Act applies throughout India, to Indian citizens living abroad, and to individuals on ships and aircraft registered in India.

India was one of the first developing countries to establish a National Drug Policy (NDP) to improve drug access for low-income individuals. However, pharmaceutical companies soon dominated the market through physician prescriptions.[1] To address this, the Indian government enacted the Drug Price Control Order (DPCO) in 1963 to regulate drug prices. Despite this effort, the impact was limited, leading many drug companies to leave India and relocate some production to China. The DPCO underwent significant reform in 2013, making it more favourable to non-controlled products but still failing to attract new investments.

The regulation of narcotics and psychotropic substances in India has a long and complex history. Prior to the enactment of the NDPS Act in 1985, India had several laws governing the use and control of drugs:

• The Opium Act, 1857

This was the first major legislation enacted to regulate the production and consumption of opium in British India.

It gave the government monopoly over the production and distribution of opium.

• The Dangerous Drugs Act, 1930

This act expanded the scope of drug control to include cannabis and cocaine, in addition to opium.

It empowered the government to regulate and restrict the production, possession, and consumption of these substances.

• The Drugs and Cosmetics Act, 1940

This act regulated the import, manufacture, distribution, and sale of drugs and cosmetics in India.

It provided a framework for quality control and safety standards for pharmaceutical products.

• The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) Act was enacted on 1985 to fulfil India’s obligations under the UN Conventions on Narcotic Drugs and Psychotropic Substances.

It consolidated and strengthened the legal framework for drug control, introducing stricter penalties and enforcement measures.

The NDPS Act repealed the earlier Opium Act and Dangerous Drugs Act, providing a comprehensive legislation to regulate narcotic drugs and psychotropic substances.

AMENDMENTS OF NDPS ACT

The NDPS Act has been amended four times, in 1988, 2001, 2014, and 2021, to address various issues and improve the effectiveness of the law.

• 1988 Amendment: This amendment introduced stricter provisions to the NDPS Act, including Section 27A, which deals with harbouring offenders and financing illicit drug trafficking. Section 27A targets activities related to the financing of drug-related activities.
• 2001 Amendment: This amendment aimed to rationalize sentencing, making the act more lenient for addicts. It also made it easier to grant bail to those charged under the act.
• 2014 Amendment: The primary goal of this amendment was to improve access to narcotic drugs for medical purposes. Although India is a leading producer of opioid analgesics like morphine, strict regulations made it difficult for medical agencies to access these drugs. The amendment centralized the transport of essential narcotic drugs, removing state-level barriers. Provisions were added to Sections 2 and 9, defining ‘Essential Narcotic Drugs’ and allowing their use and transport. However, a drafting error meant that the changes in Section 27A did not correctly reference the updated clauses, rendering the penalties under Section 27A inapplicable.
• NDPS (Amendment) Ordinance, 2021: This ordinance was issued to correct the drafting error from the 2014 amendment. It updated the reference in Section 27A from Section 2(viii)a to Section 2(viii)b and made this change effective retrospectively from May 1, 2014. The ordinance was later formalized through the NDPS (Amendment) Act, 2021, which received the President’s assent on December 29, 2021[2].

OBJECTIVES

The main objectives of the NDPS Act include:

• Prohibition and Control of Narcotic Drugs and Psychotropic Substances

To prohibit the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-state, export inter-state, import into India, export from India, or transshipment of narcotic drugs and psychotropic substances, except for medical or scientific purposes.[3]

• Prevention of Drug Abuse

To prevent and reduce the incidence of drug abuse through strict legal measures and regulations. The Act aims to create a deterrent effect by imposing severe penalties on drug-related offenses.

• Combating Illicit Trafficking

To combat and prevent illicit trafficking in narcotic drugs and psychotropic substances. The Act provides for stringent measures to detect and prosecute individuals and organizations involved in drug trafficking.

• Regulation of Legitimate Drug Use

To regulate the legitimate use of narcotic drugs and psychotropic substances for medical and scientific purposes. The Act ensures that these substances are available for therapeutic use while preventing their misuse.[4]

• Forfeiture of Property

To provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances. This objective aims to dismantle the financial networks of drug traffickers.[5]

• Establishment of Authorities

To constitute authorities and institutions responsible for the implementation and enforcement of the provisions of the NDPS Act. This includes the establishment of regulatory bodies, advisory boards, and special courts.[6]

• International Cooperation

To promote cooperation with international agencies and other countries in the fight against drug trafficking and abuse. The Act aligns with international conventions and treaties to which India is a signatory.

• Treatment and Rehabilitation

To promote the treatment, rehabilitation, and social reintegration of drug addicts. The Act encourages the establishment of treatment centers and rehabilitation programs to support individuals struggling with addiction.[7]

• Research and Development

To encourage and facilitate research and development in the field of drug abuse prevention, treatment, and control. The Act supports scientific studies and the development of new methods for combating drug abuse.

KEY SECTIONS OF THE NDPS ACT RELEVANT TO THIS TOPIC

SECTION 4

(1) The Central Government is obligated to take all necessary measures to prevent and combat drug abuse and illicit trafficking. Additionally, it ensures that narcotic drugs and psychotropic substances are used only for medical and scientific purposes.

(2) This sub-section specifies the types of measures the Central Government can take. Although the list is not exhaustive, it includes:

(a) Ensuring coordination among various officers, state governments, and other authorities under this Act or any other law related to enforcing the provisions of this Act.

(b) Fulfilling obligations under international conventions related to narcotic drugs and psychotropic substances.

(c) Assisting foreign authorities and international organizations to facilitate global cooperation in preventing and suppressing illicit drug trafficking.

(d) Addressing the identification, treatment, education, aftercare, rehabilitation, and social reintegration of drug addicts.

(da) Ensuring the availability of narcotic drugs and psychotropic substances for legitimate medical and scientific purposes.

(e) Taking any other measures deemed necessary or expedient to effectively implement the provisions of this Act and to combat drug abuse and illicit trafficking.

(3) The Central Government can create an authority or a hierarchy of authorities by issuing an order published in the Official Gazette. These authorities will have specific powers and functions assigned to them, as mentioned in the order. These authorities operate under the supervision and control of the Central Government and are empowered to take measures related to the matters specified in sub-section (2).[8]

SECTION 71

(1) The government has the authority to set up, acknowledge, or endorse numerous facilities for identifying, treating, managing, educating, providing after-care, rehabilitating, and socially reintegrating addicts. Additionally, these centers may supply narcotic drugs and psychotropic substances under specified conditions and regulations, both to registered addicts and others when deemed medically necessary by the relevant government authority.

(2) The government is empowered to create rules in accordance with this law to govern the establishment, appointment, upkeep, administration, and oversight of centers mentioned in subsection (1). These rules also cover the supply of narcotic drugs and psychotropic substances from these centers. Additionally, the rules address the appointment, training, powers, duties, and employment conditions of personnel working in such centers.[9]

INITIATIVE BY NGO’S IN INDIA

Nasha Mukt Bharat Abhiyaan

Overview

Launched by the Ministry of Social Justice and Empowerment, Government of India, Nasha Mukt Bharat Abhiyaan (Drug-Free India Campaign) aims to reduce the demand for drugs and create drug-free societies across India.[10]

Key Features:

• Awareness Programs: The initiative involves extensive awareness campaigns through workshops, seminars, and public outreach programs. These are often conducted in schools, colleges, and communities to educate people about the dangers of drug abuse.
• Rehabilitation Support: NGOs play a significant role in providing rehabilitation services to drug addicts, including counselling, treatment, and aftercare support.
• Capacity Building: Training programs for government officials, NGOs, and volunteers to equip them with skills to handle drug-related issues effectively.
• Community Involvement: Mobilizing community resources and involving local leaders, youth groups, and women’s organizations to strengthen the movement against drug abuse.

Impact:

The initiative has been instrumental in raising awareness about drug abuse and has facilitated the rehabilitation of many individuals, helping them reintegrate into society[11].

SPYM (Society for Promotion of Youth and Masses)

Overview:

SPYM is an NGO dedicated to addressing issues related to drug abuse, particularly among the youth and marginalized communities in India.

Key Features:

• Awareness Programs: SPYM conducts educational workshops, seminars, and outreach programs to raise awareness about the dangers of drug abuse.
• Rehabilitation Support: They operate de-addiction and rehabilitation centers providing medical treatment, counselling, vocational training, and support for reintegration into society.
• Capacity Building: They offer training programs for counsellors, social workers, and volunteers to effectively manage and support individuals with substance abuse problems.
• Community Involvement: SPYM engages with local communities, involving youth groups, educational institutions, and community leaders to create a supportive environment for drug abuse prevention.

Impact:

SPYM has successfully rehabilitated many individuals, providing them with the necessary tools and support to lead drug-free lives and reintegrate into society.[12]

The Art of Living Foundation

Overview:

Founded by Sri Sri Ravi Shankar, The Art of Living Foundation is a non-profit organization that works globally, including in India, to promote health and well-being through various programs, including drug de-addiction.

Key Features:

• Drug De-Addiction Programs: The foundation conducts specialized workshops and programs that use a combination of yoga, meditation, and breathing techniques to help individuals overcome addiction.
• Collaboration with Government: The Art of Living Foundation often collaborates with government agencies to extend the reach of its de-addiction programs.
• Holistic Approach: The programs focus on mental, physical, and emotional well-being, helping participants manage stress and reduce the urge to use drugs.
• Support Networks: Creating support networks for recovering addicts, including [13]follow-up sessions and community groups to ensure long-term recovery.

Impact:

Thousands of individuals have benefited from the de-addiction programs, experiencing improved mental health and reduced dependency on drugs.

T.T. Ranganathan Clinical Research Foundation

Overview:

Also known as TTK Hospital, this foundation is a leading organization in the field of drug de-addiction and rehabilitation in India. It focuses on the treatment and rehabilitation of individuals suffering from substance abuse disorders.

Key Features:

• Treatment Centers: The foundation operates several treatment centers across India, providing residential care and outpatient services.
• Comprehensive Care: Offers a range of services including medical treatment, psychological counselling, group therapy, and family counselling.
• Research and Training: Conducts research on addiction and rehabilitation and offers training programs for professionals working in the field.
• Awareness Campaigns: Engages in public awareness campaigns to educate communities about the risks of drug abuse and the availability of treatment options.[14]

Impact:

The foundation has successfully rehabilitated numerous individuals, providing them with the tools and support needed to lead drug-free lives. Its research and training initiatives have also contributed to the overall understanding and management of substance abuse disorders in India.

ROLE OF NGOS AND CIVIL SOCIETY IN DRUG AWARENESS

• Education and Awareness Campaigns

NGOs conduct public awareness campaigns to educate communities about the dangers of drug abuse. These campaigns use various media, including social media, workshops, seminars, and community events.

Programs for different demographic groups such as students, parents, teachers, and vulnerable populations (e.g., street children, youth in conflict with the law).

• Public Awareness Campaigns

NGOs organize campaigns to raise awareness about the dangers of drug abuse. They use various media channels, including social media, street plays, and community events to educate the public.

• Support and Rehabilitation Services

Rehabilitation Centers: Establishing and managing rehabilitation centers that provide medical treatment, psychological counselling, and support for reintegration into society.

Aftercare Programs: Offering aftercare and follow-up services to prevent relapse and support recovering individuals in rebuilding their lives.

• Collaboration with Government and Law Enforcement

Partnerships: Collaborating with government agencies and law enforcement to ensure a coordinated approach to drug prevention and control.

Training Programs: Providing training to law enforcement officers and other stakeholders on best practices in handling drug-related issues.

• Legal Aid and Support

Legal Assistance: Offering legal support and representation for individuals affected by drug abuse or involved in drug-related offenses, ensuring they receive fair treatment under the law.

Rights Awareness: Educating individuals about their rights and the legal provisions under the NDPS Act.

• Advocacy and Policy Influence

Policy Advocacy: Working with policymakers to strengthen laws and policies related to drug control and prevention, ensuring they are comprehensive and effective.

Research and Data Collection: Conducting research to gather data on drug use patterns, the effectiveness of interventions, and areas needing policy attention.

• Free Medicines and Treatment 

Many people who are addicted to drugs do not have enough money to pay for treatment and medicines. They often spend all their money and sell their belongings to buy drugs. Some become so addicted that they even sell their property and essential items to get drugs. Non-Government Organizations (NGOs) and society should step in and make arrangements to provide free medicines and treatment to these individuals.

• Meditation and Yoga

Meditation and yoga are excellent ways to redirect our energy and focus away from drugs. They can help individuals find a healthier and more positive path. To support this, society and NGOs should organize yoga and meditation programs. These initiatives can provide a constructive outlet and help people overcome addiction by offering alternative activities that promote well-being and balance[15].

• Role of International Organizations:

International organizations like the United Nations Office on Drugs and Crime (UNODC) collaborate with NGOs to implement global drug prevention initiatives.

These collaborations often involve funding, technical assistance, and capacity-building programs.

• Public-Private Partnerships:

NGOs partner with private sector organizations to raise awareness and funds for drug prevention programs.

Corporate social responsibility (CSR) initiatives often support NGO activities related to drug prevention.

• Role of Media and Technology

Use of Social Media and Digital Platforms for Awareness:

NGOs leverage social media platforms to reach a broader audience with their drug awareness messages.

Online campaigns, videos, and infographics are used to engage and educate the public, especially the youth.

CONCLUSION

The role of NGOs and civil society in drug awareness and prevention under the NDPS Act is crucial and multifaceted. These organizations serve as essential partners in the fight against drug abuse, complementing governmental efforts by bridging gaps in education, outreach, and community engagement. Their initiatives range from raising awareness about the dangers of drug abuse, offering preventive education, and providing support to individuals and families affected by substance use disorders.

NGOs often operate at the grassroots level, making them uniquely positioned to tailor interventions to the specific needs of local communities. Their efforts in organizing awareness campaigns, educational programs in schools, and community-based rehabilitation services are vital for fostering a preventive culture against drug abuse. Additionally, civil society organizations play a significant role in advocating for policy changes and ensuring that the implementation of the NDPS Act is both effective and sensitive to the needs of those affected by drug abuse.

Despite their impactful contributions, NGOs and civil society face challenges such as limited funding, bureaucratic hurdles, and the need for greater collaboration with government agencies. Addressing these challenges requires a concerted effort from both the public and private sectors to support and empower these organizations. The synergy between NGOs, civil society, and governmental bodies under the NDPS Act is indispensable for a comprehensive approach to drug awareness and prevention. By leveraging their strengths and addressing their challenges, we can enhance the effectiveness of drug prevention strategies and work towards a healthier and drug-free society.

REFERENCES

• NCB, https://narcoticsindia.nic.in/index.php#About-section, (Last visited July. 16, 2024)
• Test book, https://testbook.com/ias-preparation/ndps-act (last visited July. 16, 2024)
• Press Information Bureau, https://pib.gov.in/Pressreleaseshare.aspx?PRID=1808240, last visited July. 18, 2024
• Nasha Mukt Bharat Abhiyaan, https://nmba.dosje.gov.in/content/about-us, last visited July. 18, 2024
• SPYM, https://spym.org/about-spym/, Last visited July. 18, 2024
• Research gate, https://www.researchgate.net/publication/380185921_RESPONSIBILITY_OF_SOCIETY_AND_NGO_IN_COMBATING_THE_PROBLEM_OF_DRUG_ABUSE, (last visited July. 19, 2024)
• I pleaders, https://blog.ipleaders.in/ndps-act-narcotic-drugs-and-psychotropic-substances-act-1985/#Amendments_to_the_NDPS_Act, Last visited July. 19, 2024
• Sharma, S., & Sethi, P. (2018). Drug Policy and NGO Intervention in India. Oxford University Press.
• Reddy, K. S. (2017). Addressing Drug Abuse: The Role of Civil Society in India. Sage Publications.
• Narcotic Drugs and Psychotropic Substances Act, 1985, § 8, No. 61, Acts of Parliament, 1985 (India).
• Narcotic Drugs and Psychotropic Substances Act, 1985, § 8, No. 61, Acts of Parliament, 1985 (India).
• Narcotic Drugs and Psychotropic Substances Act, 1985, §§ 68E, 68F, No. 61, Acts of Parliament, 1985 (India).
• Narcotic Drugs and Psychotropic Substances Act, 1985, §§ 4, 5, No. 61, Acts of Parliament, 1985 (India).
• Narcotic Drugs and Psychotropic Substances Act, 1985, § 71, No. 61, Acts of Parliament, 1985 (India).

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[1] NCB, https://narcoticsindia.nic.in/index.php#About-section, (Last visited July. 16, 2024)

[2] Test book, https://testbook.com/ias-preparation/ndps-act (last visited July. 16, 2024)

[3] Narcotic Drugs and Psychotropic Substances Act, 1985, § 8, No. 61, Acts of Parliament, 1985 (India).

[4] Narcotic Drugs and Psychotropic Substances Act, 1985, § 8, No. 61, Acts of Parliament, 1985 (India).

[5] Narcotic Drugs and Psychotropic Substances Act, 1985, §§ 68E, 68F, No. 61, Acts of Parliament, 1985 (India).

[6] Narcotic Drugs and Psychotropic Substances Act, 1985, §§ 4, 5, No. 61, Acts of Parliament, 1985 (India).

[7] Narcotic Drugs and Psychotropic Substances Act, 1985, § 71, No. 61, Acts of Parliament, 1985 (India).

[8] Narcotic Drugs and Psychotropic Substances Act, 1985, § 4, No. 61, Acts of Parliament, 1985 (India).

[9] Narcotic Drugs and Psychotropic Substances Act, 1985, § 71, No. 61, Acts of Parliament, 1985 (India).

[10] Press Information Bureau, https://pib.gov.in/Pressreleaseshare.aspx?PRID=1808240, last visited July. 18, 2024

[11] Nasha Mukt Bharat Abhiyaan, https://nmba.dosje.gov.in/content/about-us, last visited July. 18, 2024

[12] SPYM, https://spym.org/about-spym/, (Last visited July. 18, 2024)

[13] The art of living, https://www.artofliving.org/in-en/drugfreeindia#:~:text=To%20tackle%20these%20issues%2C%20the,and%20conducting%20de%2Daddiction%20drives, last visited July. 21, 2024

[14] TT Ranganathanhttps://www.ttkhospital.com/services/awareness-programs/#1488522330217-42f9e6bc-c52a last visited July. 21, 2024

[15] Research gate, https://www.researchgate.net/publication/380185921_responsibility_of_society_and_ngo_in_combating_the_problem_of_drug_abuse, (last visited July. 19, 2024)

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