ROLE OF STATE GOVERNMENTS VS. CENTRAL GOVERNMENT IN ENFORCING THE NDPS ACT

ABSTRACT

Any legislation before its commencement witnesses a vast history from where it evolves and finally takes a final form. Until 1985 India was devoid of any legislation that deals with the consumption or production of narcotics. It was only in 1985 when under the governance of the Rajiv Gandhi, the Narcotic Drugs and Psychotropic Substances Act, 1985 also known as the NDPS Act was passed. The NDPS Act is a legislation that prohibits the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and consumption of any narcotic drug or psychotropic substance by any person residing in India including any Indian citizen outside India and any person on ships and aircrafts registered in India, thus having a wide extent of application[1]. One of the crucial aspects of the NDPS Act is its implementation in the whole country. This article mainly focused on the role of state governments vs. the central government in the enforcement of the NDPS Act. It primarily highlights the role played by the state and central governments for its successful enforcement and the other areas where a focus is required for the enhanced implementation of the NDPS Act at the central and state levels.

Keywords

NDPS, narcotics, Narcotics Crime Bureau, drugs, substance use, ANTF, NAPDDR, rehabilitation, grant in aid, special task force.

INTRODUCTION

The use of narcotics particularly cannabis has been known in India since 2000 BCE with its first mention in Atharva Veda where it is considered at par with alcohol consumption[2]. During British rule in India, there was no specific statute that strictly restricted the consumption of narcotics such as cannabis, marijuana, opium, hemp, etc. in the country. However, some laws were in place that regulated the production of these drugs. A mention can be made of the Opium Act (1857), the Opium Act (1878), and the Dangerous Drugs Act (1930). It was only after independence that an elaborate act i.e. the NDPS Act, for controlling the consumption and production of narcotics was introduced. The act was enacted keeping in view Article 47 of the Indian constitution and some international conventions which include the UN Single Convention on Narcotics Drugs (1961), the UN Convention on Psychotropic Substances (1971), and the UN Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), of which India is a signatory[3].

The NDPS Act is widely regarded as a prohibitionist law that seeks to deal with two kinds of offenses: trafficking of prohibited substances i.e. cultivation, manufacture, distribution, and sale, as well as their consumption[4]. The act has been amended four times since its inception, the latest being in 2021. These amendments were brought keeping in view the new challenges the country was facing and to rectify previous errors.

FEATURES OF THE NDPS ACT

The NDPS Act prohibits the sale of around 200 psychotropic substances to walk-in customers without a proper prescription.
The act imposes stringent penalties for the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import, inter-state movement, export, or transshipment of narcotic drugs and psychotropic substances, except for medical or scientific purposes[5].
The penalties imposed depend on the quantity of the substance involved. It also provides for the forfeiture of property derived from or used in the illicit trafficking of narcotic drugs and psychotropic substances[6].
Law enforcement agencies like the Narcotics Control Bureau (NCB) are authorized under the act to conduct operations against drug trafficking[7].
An important feature of the NDPS Act is that it provides for the establishment of special courts for the trial of offenses under the Act[8].
It also emphasizes the treatment and rehabilitation of addicts. The government is authorized to establish centers for the identification, treatment, education, aftercare, rehabilitation, and social reintegration of addicts[9].

The NDPS Act, in overall is a comprehensive act that imposes plenty of measures to deal with the issue of narcotic and psychotropic substances in the country.

OVERVIEW OF SUBSTANCE USE IN INDIA

The Global Burden of Disease Study has reported that nearly 7.5 lakh people worldwide in 2017 alone are estimated to have been killed by illicit drugs. The estimated number of lives lost in India was around 22,000. In 2018, according to a government report, around 2.3 crore opioid users were reported in India. It was five times more than what was reported in 2014. In 2004, the number of opium users was around 20000. It was more than twice that of heroin i.e. 4000. However, trends were reversed some years later wherein heroin consumers went up to 2.5 lakhs, almost double that of opium consumers[10]. It was highlighted in a report “The Magnitude of Substance Use in India’ by AIIMS’ National Drug Dependence Treatment Centre that about 2.8% of Indians (3.1 Crore individuals) report having used any cannabis product within the past 12 months (from 2019). On the national scale, the most common opioid used is Heroin, with the current use being at 1.14%. It is followed by Pharmaceutical Opioids having current use at 0.96% and then Opium at 0.52%. About 1.08% of 10 to 75 years old Indians (approximately 1.18 crore people) are current users of sedatives (non-medical, non-prescription use). An estimated 18 lakh adults and 4.6 lakh children need rehabilitation for their inhalant use (harmful use/dependence)[11].

Considering the numbers, it can be gauged that strict enforcement of the NDPS act is needed to curb the menace and the role of state as well as central government is highly preeminent in this regard.

ROLE OF STATE GOVERNMENT IN ENFORCING THE NDPS ACT

The law in itself doesn’t make a society a better place. Rather, its proper implementation is necessary to achieve the desired results. The menace of illicit trafficking of drugs and its recreational use varies from state to state and the measures taken by states for enforcing the central legislation also vary depending upon their governments’ concerns related to the issue. While some states are ahead in enforcing the law, others still lag.

Role of police

In any state, the police play a major role in enforcing the NDPS Act. It conducts raids and searches to uncover illegal drug activities and takes action against the offenders. Seizing the narcotic drugs and psychotropic substances found during operations, arresting individuals involved in the illegal production, distribution, and trafficking of drugs, and keeping an eye on suspected drug traffickers and networks are the primary functions played by the police. However, in many states to ensure the proper enforcement of the NDPS Act the state governments have come up with specialized task forces constituted within the police departments. In Maharashtra for instance, the Anti-Narcotics Cell (ANC) was established in 1989 to achieve the true spirit of the NDPS Act. Since then, it has been involved in significant drug busts and seizures. For instance, in 2021, the ANC seized drugs worth ₹1,500 crores and arrested several individuals involved in drug trafficking[12]. Moreover, in 2021 the Maharashtra Home Department issued a government resolution that approved the formation of the Anti-Narcotics Task Force (ANTF) in Maharashtra to probe complex narcotics offenses across the state, raise awareness, help in the rehabilitation of addicts, and take measures to prevent trafficking and distribution of illegal narcotics, while coordinating with the Centre[13]. The Kerala and Andhra Pradesh Excise Department also has an enforcement wing dedicated to curbing narcotic drugs and psychotropic substance abuse[14]. In Tamil Nadu, the Narcotics Intelligence Bureau has been instrumental in intercepting large consignments of drugs being trafficked through Tamil Nadu. It often works in collaboration with central agencies to achieve the wider goals of national policy against drug abuse[15].

Special courts

Under section 36 of the NDPS Act, it is stated that “the Government may, for the purpose of providing speedy trial of the offenses under this Act, constitute as many Special Courts as may be necessary…”[16]. In this regard, various states have established special courts to deal with the cases registered under the act on a priority basis and ensure swift justice. In Maharashtra, for instance, special NDPS courts have been established in various areas like Pune, Mumbai, Nagpur etc. to deal with the like cases. Besides, special NDPS courts have also been established in other states like Delhi, Punjab, Kerala, Tamil Nadu etc. These courts have played a crucial role in delivering prompt judgments in various substance abuse-related cases. An example of a recent high-profile case that was initiated by the NDPS court of Mumbai is the Mumbai Narcotics Bust Case in which Aryan Khan, son of Bollywood actor Shahrukh Khan was allegedly involved. The special court refused to grant bail to the accused and extended the custody along with two other persons allegedly involved and consequently, the matter was taken to the high court[17].

Public awareness

Moreover, to comply with the measures of the NDPS Act and spread awareness among the public against the recreational use of drugs, the state governments have come up with various drug awareness programs in their respective states. In Delhi for instance, the Drug-Free Delhi Campaign is initiated which involves educational campaigns in schools and colleges, public seminars, and collaborations with NGOs. The campaign aims to reduce drug abuse and provide support to addicts[18]. Kerala, Punjab Mumbai, Himachal Pradesh, Karnataka, etc. are among the other states which have initiated such programs to curb the menace of drug abuse. The NCB frequently collaborates with state police and other agencies to conduct joint operations and share intelligence to combat drug trafficking. They provide training and support to state enforcement agencies[19]. The states thus have adopted numerous tools to enforce the measures under the NDPS act and achieve its true spirit.

Rehabilitation

The NDPS Act highlights the need for treatment and recovery of drug addicts in the country and empowers the government to establish such centers as may be necessary for rehabilitation, education, and aftercare. Keeping in view this provision, several states have established rehabilitation centers known as Integrated Rehabilitation Centres for Addicts for the full recovery of substance use abusers and their reintegration into society. State governments have evolved their policies for granting financial assistance to drug de-addiction centers, many of which are also run by NGOs. An example can be given of Himachal Pradesh. Under the Rashtriya Kishore Swasthya Karyakram, the State Health Department has constituted de-addiction centers across regional and zonal hospitals. In the state policy on Rehabilitation of Drug Addicts, published in 2018, financial assistance to NGOs running de-addiction centers has also been provided[20]

ROLE OF CENTRAL GOVERNMENT IN ENFORCING THE NDPS ACT

The central government plays a pivotal role in enforcing the Narcotics And Psychotropic Substances Act 1985. This role involves formulating policies, coordinating enforcement efforts, and facilitating international cooperation.

Division of roles

While dealing with the matters pertaining to substance abuse the government business is divided in the Central Government as per the Allocation of Business Rules,1961. As per the Business Rules, the NDPS Act is administered by the Ministry of Finance. However, matters pertaining to Drug Demand Reduction are handled by the Ministry of Social Justice & Empowerment (MSJE). MSJE extends its assistance to various NGOs involved in reducing the demand for drugs. Finally, the Ministry of Health of the Government of India is responsible for dealing with all health issues resulting from substance abuse and runs several drug de-addiction centers in Government hospitals across the country.

Institutional setup

TheCentral Government keeping in view the provisions of the NDPS Act has set up various institutions to carry out the functions associated with the regulation of narcotics and psychotropic substances. It includes the Narcotics Control Bureau, which works under the Ministry of Home Affairs. It coordinates actions by various Central and State functionaries under the NDPS Act[21]. There is another institute, the Central Bureau of Narcotics, under the Department of Revenue, Ministry of Finance, that regulates the legal cultivation of opium, monitors the licit manufacture of narcotic drugs, and prevents diversion into illicit channels[22].

A National Policy

An important measure taken by the central government to implement the objectives of the NDPS Act was the framing of the National Policy on Drug Abuse in 2012. It aims to spell out the policy of India towards narcotic drugs and psychotropic substances. It serves as a guide to various Ministries and organizations in the Government of India and to the State Governments as well as International Organizations, NGOs, etc.; and re-asserts India’s commitment in combating the drug menace holistically[23].

National Action Plan for Drug Demand Reduction (NAPDDR)

Section 71 of the NDPS Act, 1985 states that “The Government may establish, recognize or approve as many centers as it thinks fit for identification, treatment, management, education, after-care, rehabilitation, social reintegration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity.” For the implementation of the objectives of the act and NDPS Policy 2012, the National Action Plan for Drug Demand Reduction has been implemented. NAPDDR was formulated by the Ministry of Social Justice and Empowerment for the year 2018 – 25. It is an umbrella scheme under which financial assistance is provided to ‘State Governments/ Union Territory (UT) Administrations for Preventive Education and Awareness Generation, capacity building, skill development, vocational training, and livelihood support among ex-drug addicts. Organizing programs for Drug Demand Reduction by states is also aimed under the schemes. This scheme also aims to establish Rehabilitation Centres for Addicts (lRCAs) and Addiction Treatment Facilities in hospitals and NGO’s are encouraged for the same purpose[24]. Thus, the central government from time to time initiates various measures to achieve the goals of NDPS and ensure its proper implementation.

Scheme of Assistance

The Ministry of Social Justice and Empowerment of the Government of India has initiated a flagship scheme in the field of drug demand reduction known as the ‘Scheme of Assistance for the Prevention of Alcoholism & Substance (Drugs) Abuse and for Social Defence Services’. The scheme of assistance for the prevention of alcoholism & substance (drugs) abuse aims for the identification, counseling, treatment, and rehabilitation of addicts through voluntary and other eligible organizations. Under this scheme, financial assistance is given to NGOs and other eligible agencies. This may extend up to 90% of approved expenditures This assistance is provided for setting up and running Integrated Rehabilitation Centres for Addicts (IRCAs), Regional Resource and Training Centres (RRTCs), for holding Awareness-cum-de-addiction camps (ACDC), and Workplace Prevention Programmes, etc. It also provides grants-in-aid in the field of social defense.

The central government thus has taken a holistic approach to deal with the production and consumption of narcotics and henceforth enforce the provisions of the Narcotics Act.

COLLABORATION BETWEEN THE STATE AND CENTRAL GOVERNMENT

The central and state governments have collaborated under various programs to curb the menace of illicit substance use in the country. For instance, the Ministry of Social Justice and Empowerment initiated the Nasha Mukt Bharat Abhiyan (Drug-Free India Campaign) in 2020. It involves the central government collaborating with state governments to run awareness programs, workshops, and community outreach initiatives to prevent drug abuse. This increased public awareness and community involvement in drug prevention efforts. The collaboration has helped in coordinating the measures of central and state governments to enforce the NDPS Act. The central government under its schemes like NAPDDR and scheme of assistance has granted infrastructural and financial support to the state governments for the enforcement of the act. The collaboration between the state governments and the central government has enhanced the process of implementation of the act.

COMPARISON BETWEEN THE ROLES PLAYED BY THE STATE AND CENTRAL GOVERNMENT

For the enforcement of the NDPS Act, both the state governments and the central government have adopted a holistic approach to ensure its proper implementation. The collaboration between the two and the integration of the policies at the state and national level is quite evident. However, the areas of focus for the state and central government are quite different.

The central government mainly focuses on policy formulation and international coordination of efforts in regulating the consumption or production of Narcotics. It provides a legal framework for the whole nation to highlight the national-level concerns with regard to narcotics and their use. It is for the same reason that any kind of amendment to the NDPS Act is brought by the central government. This role of central government ensures that the legislation remains effective and relevant in addressing the evolving challenges related to drug trafficking and abuse. Besides all the international conventions in matters related to narcotics are signed and monitored by the central government. The national-level policies and strategies are also the domain of the central government which provides a blueprint to the state governments.

On the other hand, if we look into the roles performed by the state governments, it can be observed that they are primarily responsible for the enforcement of the legislation on the ground. The national strategies formulated by the central government are implemented locally by the state government and adapted to regional needs. The state governments utilize the police and special task forces for the local enforcement of the law. It establishes the centers for rehabilitation as per the national policies and coordinates its functioning with national-level institutions like NCB and CNB. Moreover, while the central government provides the funds and resources for the enforcement of the NDPS Act, it is the state governments that utilize them as per their local needs. The state governments also establish special courts to dispense the cases related to narcotics and carry out the persecution of matters under the NDPS Act.

Henceforth, both the state and central government collectively for the enforcement of the NDPS act. A continuous collaboration is needed between the two levels to ensure a more effective and stringent implementation of the NDPS Act and to free India from the menace of substance abuse.

CONCLUSION

The role of the state as well as central government has been very pivotal in enforcing the NDPS Act. While both the state and central governments have implemented various measures to ensure that the act is implemented in true substance and effect. However, various shortcomings are yet not adequately dealt with. Narco-terrorism is one of the major threats the country is facing and thus requires intervention at both the central and state levels. Besides, the increasing number of people involved in the recreational use of narcotic substances is also a major concern that has to be tackled. The stringent implementation of the NDPS Act is thus the need of the hour and both the state and central government have a role to play.

REFERENCES

NDPS ACT, 1985
Survey On Addiction of Drugs, https://pib.gov.in/, (last visited July 20, 2024).
Implementation Framework of National Action Plan For Drug Demand Reduction by Ministry of Social Justice and Empowerment, Government of India, https://socialjustice.gov.in/, (last visited July 20, 2024).
National Action Plan for Drug Demand Reduction, Ministry of Social Justice and Empowerment, Government of India, https://socialjustice.gov.in/, (last visited July 20, 2024).
Arpit Parmar, Lakshmi Narasimha, and Santanu Nath, National Drug Laws, Policies, and Programs in India: A Narrative Review, Volume 46, Issue 1 Ind. Jr. of Psych. Med.1, 4 (2023)], https://journals.sagepub.com
Astha Madan Grover & Sushovan Patnaik, India’s War on Drugs and the Challenges to Rehabilitative Justice, Vidhi Centre for Legal Policy (July 23, 2024, 1:30 pm), https://vidhilegalpolicy.in

[1] Narcotic Drugs and Psychotropic Substances Act, 1985, https://en.wikipedia.org/w/index.php?title=Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985&oldid=1210725677 (last visited July 19, 2024).

[2] Narcotic Drugs and Psychotropic Substances Act, 1985, https://en.wikipedia.org/w/index.php?title=Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985&oldid=1210725677 (last visited July 19, 2024).

[3] NikunjArora, NDPS Act: Narcotic Drugs and Psychotropic Substances Act, 1985, ipleaders, (July 20, 2024, 10:00 am) https://blog.ipleaders.in

[4] Ibid

[5] NDPS Act,1985, § sections 20, 21,22, No.61, Acts of Parliament, 1985 (India).

[6] NDPS Act,1985, § Chapter V-A, No.61, Acts of Parliament, 1985 (India).

[7] NDPS Act,1985, § section 4(3), No.61, Acts of Parliament, 1985 (India).

[8] NDPS Act,1985, § section 36, No.61, Acts of Parliament, 1985 (India).

[9] NDPS Act,1985, § section 71, No.61, Acts of Parliament, 1985 (India).

[10] Dipu Rai, All you need to know about drugs, substance abuse in India, India Today (July 20, 2024, 10:30 am), https://www.indiatoday.in.

[11] NDDTC, AIIMS, Magnitude of Substance use in India 2,3,4 (2019).

[12] Anti-Narcotics Cell Mumbai Police, https://mumbaipolice.gov.in (last visited July 20, 2024).

[13] Express News Service, Govt approves formation of anti-narcotics task force in Maharashtra, Indian Express (July 20, 2024, 11:30 am), https://indianexpress.com.

[14] Kerala Excise Department, https://keralaexcise.gov.in (last visited July 20, 2024).

[15] Enforcement Bureau Crime Investigation Department, https://enforcementbureautn.org (last visited July 20, 2024).

[16] NDPS Act,1985, § section 36, No.61, Acts of Parliament, 1985 (India).

[17] India News, Mumbai Drug Bust Case Highlights, NDTV (July 20, 2024, 12:30 am), https://www.ndtv.com/

[18] Delhi Government’s Drug-Free Campaign, The Hindu (July 20, 2024, 12:30 am), https://www.thehindu.com.

[19] Narcotics Control Bureau and State Agencies Collaboration, NCB Official Website (July 20, 2024, 12:50) https://www.narcoticsindia.nic.in.

[20] Astha Madan Grover & Sushovan Patnaik, India’s War on Drugs and the Challenges to Rehabilitative Justice, Vidhi Centre for Legal Policy (July 23, 2024, 1:30 am), https://vidhilegalpolicy.in

[21] National Policy on NDPS, https://www.crcl.gov.in (last visited July 20, 2024).

[22] Central Bureau of Narcotics, http://www.cbn.nic.in (last visited July 20, 2024)

[23] National Policy on NDPS, https://www.crcl.gov.in (last visited July 20, 2024).

[24]Survey On Addiction of Drugs, https://pib.gov.in/, (last visited July 20, 2024).

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