At a time when the Narcotics Control Bureau (NCB) is tightening its grip on drug users and peddlers, there has been a strong call for reform in laws pertaining to drugs in India.
The Department of Revenue, NDPS Act’s nodal administrative authority had invited suggestions from several ministries including the Home Ministry, Health Ministry, Social Justice, and Empowerment Ministry, the Narcotics Control Bureau, and CBI, to suggest changes to the law.
The social justice ministry, while reviewing the provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 made several suggestions to the Department of Revenue in which it was seen taking a more humane approach towards users and dependents who are caught with small quantities of drugs.
Instead of heavy fines and unavoidable jail terms, the Social Justice Ministry sought to decriminalize possession of small quantities of drugs meant for personal consumption and suggested treating drugs users as victims and referring them for de-addiction and rehabilitation.
In its argument, the ministry asserted that though drug consumption or possession is a criminal offense in India, in its present form, the NDPS Act only adopts a reformative approach towards addicts.
Section 27 of the NDPS Act has a provision for imprisonment of up to a year or a fine of up to Rs 20,000, or both, for consumption of any narcotic drug or psychotropic substance. This section however does not differentiate between addicts, first-time users, and recreational users.
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This comes at a time when the law of the land is dealing with high-profile cases like that of Aryan Khan in Mumbai’s Drugs-in-cruise case.
Arguing for Aryan Khan’s bail plea, his counsel, senior advocate Amit Desai had earlier cited many verdicts related to the seizure of a small number of drugs. As he claimed that his client was not even on the cruise and was apprehended as he was going to attend the party, Desai highlighted a few points regarding the motive of laws, international practices etc.
He said many countries have made these substances legal. Cannabis has been removed by many countries from the schedule of dangerous drugs, he added. Citing how India has moved towards reforming through penalising and that is why the punishment for consumption of drugs has been brought down from five years to one year in 2001, Desai requested legal system to not penalise in bail. They are some young kids, Amit Desai said, adding that they should not be considered drug peddlers, racketeers or traffickers.
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