SOCIO-LEGAL ANALYSIS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INDIA

Abstract [English]

This research critically examines the socio-legal implications of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, concentrating on its effectiveness, enforcement challenges, and the non-existence of satisfactory rehabilitation measures in addressing drug abuse in India. The primary objective is to assess how the NDPS Act, originally intended to combat drug trafficking and abuse, has resulted in unintended consequences, including the over-criminalisation of drug users, overcrowded prisons, and limited access to rehabilitation services. The study employs a qualitative methodology, analysing the text of the NDPS Act, relevant case laws, legal literature, and international best practices, particularly Portugal's decriminalisation model, to highlight India's drug policy's shortcomings and potential reforms.
Key findings reveal that whilst the NDPS Act presents stringent consequences for drug-associated offences, its recognition of criminalisation rather than rehabilitation has exacerbated public health problems, leading to stigmatisation and social marginalisation of drug users. The Act's enforcement challenges, including inconsistent implementation, corruption, and lack of resources, have further limited its success. The loss of the difference between drug traffickers and customers under the Act has contributed to a cycle of punitive measures that fail to address addiction as a health problem.
Based on these findings, the study proposes several reforms, including the integration of rehabilitation-focused strategies, differentiation between traffickers and users, judicial reforms to expedite drug-related trials, and the acceptance of a community health methodology for drug abuse. This research contributes to ongoing legal reforms by critically analysing the NDPS Act and recommending a more effective and humane drug control strategy in India.