Bill to check drug abuse tabled: Life term for selling drugs to minors, jail for carrying narcotics in small quantities: What the bill promises

The proposals have been made with an objective to curb drug abuse, Shandil said: “The rising threat of drug abuse and illicit narco-trafficking poses serious risks to the public health, social stability, and economic progress. This Bill is with an aim to prevent drug abuse through stringent legal measures, while promoting rehabilitation and reintegrating addicts. The key measures include the establishment of state fund to finance de-addiction, rehabilitation, preventive education, and livelihood for addicts who have recovered individuals. Harsher punishments are based on drug quantity, with stricter penalties for repeat offenders; and enhanced penalties for selling drugs to minors or near educational institutions or using such premises for illegal activities.”

The introduced Bill also contains stricter punishment for the government servants stating, “Under Section 6 (2) if the public servant contravenes any provisions of this Act, he shall be punished with rigorous imprisonment for a term which may extend to one and half times of the term of punishment, and also be liable to fine, which shall extend to one and half times of the amount of fine.” The bill further states, “Any person who sells or supplies controlled substance to any individual under the age of eighteen years, shall be guilty of an offence to punishable with rigorous imprisonment for a term which may extend to one and half times of the term of punishment, and also be liable to fine which shall extend to one and half times of the amount of fine.”

The bill also provides an opportunity for convicted addicts to undergo the medical treatment. The bill’s Section 19 (1) states, “When an addict is found guilty of an offence punishable and if the court by which such person is found guilty is of the ease opinion, regard being had to the age, character, antecedents, or physical or certain offenders on mental condition of the offender, that it is expedient so to do, notwithstanding the court may, instead of sentencing such person at once to any imprisonment, with the person’s consent, direct that such person be released for undergoing medical treatment for detoxification or de-addiction from a hospital or an institution maintained or recognized by the government.”

The provisions

Stringent penalties: Those caught with small quantity of controlled substances will face two-five years of rigorous imprisonment with a fine between Rs 20,000 and Rs 50,000. For large/ commercial-scale trafficking, it will be 10-14 years of imprisonment with a fine up to Rs 2 lakh. Anyone found selling drugs to minors or near educational institutions will face “enhanced penalties”, including up to life imprisonment. Public servants found guilty will face 1.5 times the standard punishment under the Act.

Special enforcement zones around schools, colleges: A 500-metre radius around schools, colleges, and educational institutions will be designated as “special enforcement zone” where drug-related offences will attract severe punishment.

Fund for de-addiction, rehabilitation: Financial assistance to support de-addiction initiatives, funded through state and Central government grants, corporate social responsibility contributions, and fines — to be audited by the Comptroller and Auditor General of India regularly.

Legal safeguards, special courts: To handle drug-related cases, special courts will be responsible for expediting trials, holding protection programmes for witnesses, and ensuring drug-related offences remain non-bailable.