Study suggests simplification of narcotics rules

Thus the drugs that are absolutely necessary for the treatment of terminally ill patients of diseases such as cancer have become quite inaccessible. Simplification of rules have been suggested as a corrective measure.

The study further suggests that drug addiction be treated as disease and the addicts be sentenced to corrective measures such as compulsory de-addiction and counselling. Making available treatment and harm reduction facilities8217; such as supply of clean needles to addicts available in each major prison of the country has also been strongly suggested in the study.

The Nagpur University has recently awarded PhD degree to M C Mehanathan, Deputy Secretary, Union Finance Ministry, for this study titled International legal control for combating abuse and illicit trafficking in narcotic drugs and psychotropic substances with special reference to India8217;. The thesis was completed under the guidance of Dr Thrity Patel, professor and head, Department of Law, Nagpur University.

Mehanathan has studied in details the provisions of the international laws and conventions agreements on narcotic drugs including the Narcotic Drugs and Psychotropic Substances NDPS Act of 1985 prevalent in India. The adequacy of these laws to solve the growing global menace of drug trafficking and addiction and the level of their application in the country was also studied by Mehanathan. He has come up with a number of interesting findings and suggestions.

It was found during the study that the NDPS Act has failed to make a dent as regards drug abuse and drug trafficking in the country. The conclusion has been drawn from the unusually high rate of acquittals under the act.

The study has further concluded that the number of international conventions, to which India is a party, has failed to recognise important aspects related to the narcotic drugs and allied substances. Important among them is the fact that these conventions do not differentiate between the medicinal/scientific and addictive uses of drugs. This failure to recognise the use of drugs for medicinal purposes and the resultant restrictions on the growth, production, sale/purchase and export/import authorisation of these drugs has created a lot of problems for the needy patients.

Another important fact pointed out in study is that various drug-related laws direct similar punishment for offences of all grades. For instance, persons found in possession of few grams of objectionable drug and those found in possession of a large amount of drug are liable for the same punishment. The author, who spent a number of years with the Union Narcotics Department, has concluded that this principle of minimum punishment8217; incorporated in most of the punishment sections of NDPS Act is out of tune with present day penal system.

He has suggested that in order to make the punishment acceptable and effective, it is necessary that graded punishment by given for graded quantities of drugs involved in the offence. Judicial discretion should be allowed in this matter, it has been further suggested.

The failure to control drug abuse and to discourage addiction has been blamed on the fact that the salutary provisions of NDPS Act which are meant for compassionate treatment of addicts are not used effectively. It has been suggested that de-addiction treatment be made the only punishment for first time offenders. Also, lighter punishment should be made applicable in all cases of small quantity possession irrespective of the fact whether the drug was for self use or for trafficking.

Interestingly, the study found that the major international conventions such as the Single Convention on Narcotic Drugs, 1961, failed to recognise any other species of opium poppy other than Papaver Somniferum L. as narcotics. Thus the other species of opium and other related substances such as poppy straw, leaves and straw of cannabis and other such plants are not treated as drug and there is thus no control over their production and use.

The study has thus suggested additional provisions under such conventions. It has been suggested that the conventions make provision for interventions at national and international level to prohibit abuse of Internet to promote illegal drug use and drug trafficking, make it mandatory for each country to devise a system to collect data on drug abuse and harmonisation of national drug laws which would ensure prosecution and punishment for traffickers at same level, wherever they are.

Strengthening of the existing legislative interventions to combat the increasing drug abuse in the country has also been suggested.