Reforming NDPS Act 1985: Path toward balanced drug policy in India

Drug abuse and illicit trafficking pose significant challenges to public health, social order, and national security worldwide. In India, the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 serves as the primary legal framework for regulating narcotic drugs and psychotropic substances. Enacted in response to growing concerns about the proliferation of illicit drugs, the NDPS Act reflects the Indian government’s efforts to tackle drug-related problems through legal and regulatory measures. This article examines the historical evolution, key provisions, enforcement mechanisms, and impacts of the NDPS Act while highlighting its shortcomings and proposing reforms to ensure a more balanced approach to drug control.

 

Historical Context
The enactment of the NDPS Act in 1985 marked a turning point in India’s fight against drug abuse. Before its introduction, the regulation of narcotics was limited to the Opium Acts of 1857 and 1878, which primarily governed the cultivation and trade of opium for medicinal purposes. However, the rise of synthetic drugs and increasing instances of trafficking demanded more comprehensive legislation. The NDPS Act was introduced to provide a robust framework for controlling narcotic drugs and psychotropic substances. It was influenced by international drug control conventions like the Single Convention on Narcotic Drugs (1961) and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). These global agreements emphasized restricting narcotics for medical and scientific use while addressing drug abuse and trafficking.

 

Key Features of the NDPS Act
The NDPS Act criminalizes a broad spectrum of activities, including the cultivation, production, possession, sale, transportation, and consumption of narcotic drugs and psychotropic substances. It imposes strict penalties, including mandatory minimum sentences and heavy fines, reflecting its zero-tolerance approach. Strict bail provisions under Section 37 and the reversal of the presumption of innocence under Sections 35 and 54 further underscore the Act’s stringent nature. Additionally, the Narcotics Control Bureau (NCB) was established to enforce the Act’s provisions, coordinate with international bodies, and combat drug trafficking effectively.

 

ALSO READ: Hidden costs of child labour’s toll on health, education, well-being – THE NEW INDIAN 

 

Loopholes in the NDPS Act
Despite its intent to curb drug abuse and trafficking, the NDPS Act has several loopholes that undermine its fairness and effectiveness. One major flaw is the reversal of the presumption of innocence, where the burden of proof lies on the accused. This often results in prolonged pretrial incarceration, disproportionately affecting marginalized groups. Strict bail provisions exacerbate the problem, as even minor offenders find it nearly impossible to secure bail.

 

Another critical issue is the lack of proportional sentencing. The Act does not distinguish between small-scale users and large-scale traffickers, subjecting minor offenders to harsh punishments, including mandatory imprisonment of 10 years for possession of small quantities of narcotics. Furthermore, the Act’s punitive focus overlooks the need for rehabilitation. Treating addiction as a crime instead of a health issue stigmatizes addicts and perpetuates the cycle of abuse, highlighting the urgent need for reform.

 

Impact of the NDPS Act
The NDPS Act has played a significant role in India’s efforts to combat drug abuse and trafficking. It has facilitated international cooperation, strengthened domestic enforcement mechanisms, and established a legal framework for controlling narcotics. However, its harsh penalties and procedural complexities have resulted in unintended consequences. Vulnerable communities and small-time offenders often bear the brunt of its stringent provisions, while the lack of emphasis on rehabilitation hinders long-term recovery. The criminalization of minor offences diverts law enforcement resources away from dismantling large-scale trafficking networks, limiting the Act’s overall effectiveness.

 

ALSO READ: Nurturing our elders: Unpacking Senior Citizens Act, 2007 – THE NEW INDIAN 

 

Medical Use, Decriminalization, and Legalization
India’s drug policy is shaped by strict regulations that only permit the use of narcotic drugs for medical purposes. However, global trends toward decriminalization and legalization have sparked debates about reforming the country’s approach. Decriminalization involves reducing penalties for personal use, while legalization allows controlled markets for medicinal or recreational use. Advocates of reform argue that such measures could reduce judicial burdens, enhance access to medical treatments, and address public health concerns more effectively. Balancing progressive approaches with regulatory control presents a complex challenge for policymakers.

 

Suggestions for Reform

To address the shortcomings of the NDPS Act and align it with contemporary challenges, several reforms are essential. First, the focus should shift from punitive measures to rehabilitation, prioritizing treatment and recovery for drug addicts. Accessible and well-funded rehabilitation facilities can help address the root causes of addiction and reduce the demand for illegal drugs. Second, decriminalizing minor offences such as personal drug use and possession of small quantities is crucial. This approach can prevent minor offenders from facing disproportionate punishments, reduce prison overcrowding, and alleviate the stigma associated with drug addiction.

 

Third, implementing differentiated sentencing is necessary to distinguish between small-scale users and large-scale traffickers. Minor offenders should face lighter penalties, while resources can be redirected to dismantling organized drug trafficking networks. Strengthening international collaboration is another key reform. Improved cooperation with global law enforcement agencies and enhanced intelligence-sharing mechanisms can bolster efforts to combat transnational drug trafficking.

 

ALSO READ: Mental health laws need change – THE NEW INDIAN

 

Additionally, communities dependent on drug crop cultivation should be supported with sustainable livelihood programs, including skill development and agricultural diversification, to reduce their reliance on illicit activities. Clear and transparent sentencing guidelines should also be established to ensure fairness and consistency in judicial decisions, taking into account the severity of offences and the roles of the accused. Finally, public awareness campaigns about the dangers of drug use and the availability of treatment options are essential. Such initiatives can encourage early intervention, reduce stigma, and lower demand for illicit substances. These reforms collectively aim to create a balanced approach, emphasizing public health, justice, and social development.

 

The NDPS Act of 1985 is a cornerstone of India’s drug control policy. While it has made significant strides in combating drug abuse and trafficking, its stringent provisions have led to disproportionate punishments and overlooked the importance of rehabilitation. To create a more balanced and humane approach, reforms are essential. Decriminalizing minor offences, emphasizing rehabilitation, and implementing proportional sentencing can address systemic inequities. Additionally, international cooperation, sustainable livelihood programs, and public awareness campaigns can enhance the Act’s impact. A progressive and inclusive policy framework will better equip India to address the multifaceted challenges of drug abuse and trafficking, ensuring public health, justice, and social development.

 

The contributors are law scholars from Kashmir University, interested in women’s rights, good governance, judicial activism, social justice and environment conservation, respectively.