Trap door: Reforming the NDPS Act is the way forward

Aryan Khan.: File photo

The Editorial Board   |   TT  |  01.11.21  : The shrill noise over the arrest of Aryan Khan, the son of Shah Rukh Khan — the former has since been released on bail — in a case involving a drug bust on a cruise ship deflected public attention from an important and relevant proposal presented by the Union ministry of social justice. The ministry has suggested some key amendments to the Narcotic Drugs and Psychotropic Substances Act: they include a provision for treating those apprehended with small quantities of drugs as victims rather than criminals. At present, the NDPS Act defines such consumers as “addicts”. The ministry has also underlined the need for a mandatory period of rehabilitation followed by community service. The intention of the amendments is admirable — they seek to recognize the dignity of drug consumers and treat them in a humane manner in the hope of assimilating them into society. There is no reason to stall such a welcome initiative. In fact, the scope of reform can be widened. For instance, cannabis — it was outlawed in 1985 — must be decriminalized. This could free India’s premier drug investigative agencies to crack down on the consumption of lethal hard drugs instead of being mired in chasing petty cases. There should also be space for revising the law so that punishment can be meted out after differentiating drug users from drug suppliers and cartels. Penalties should be stiffer for those who profit from this spurious trade than for those who become dependent on these substances after suffering traumatic losses. The home ministry — it lords over the Narcotics Control Bureau — must go through the recommendations seriously.

The scrutiny merits attention because of a global shift in the strategy against fighting the menace of drug abuse. In the 1970s, the hawkish administration of Richard Nixon led the global charge in undertaking an inflexible, heavy-handed approach with the ‘war on drugs’ campaign. Years later, empirical evidence suggested that a policy that relied on retribution and deterrence alone had not succeeded in curtailing the growth of global drug markets. Worse, by deepening social stigma against addicts, it had led to the eruption of a full-blown medical crisis not just in addiction but also in HIV. This forced a course correction and a number of countries — Portugal being one example — adopted a piecemeal approach that targeted bigger, shadowy supply chains. Drug addicts were treated compassionately, receiving medical aid and counselling, leading to a dramatic improvement. India must take lessons from this history. Reforming the NDPS Act could be a step in this direction.