The Importance of Focusing on Curing Rather Than Criminalizing Drug Users : Daily Current Affairs

Date: 08/05/2023

Relevance: GS-3: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes

Key Phrases: war on Drugs, Ineffective Deterrence, Inadequate Rehabilitation, Social Well-being, Narcotic Drugs and Psychotropic Substances, Overloaded Courts.

Context:

Himachal Pradesh is reportedly considering joining Uttarakhand, Gujarat and Madhya Pradesh as states that have legalised cannabis cultivation.

Key Highlights:

The Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 criminalizes drug production, possession, and consumption.
The global "war on drugs" influenced the enactment of this law, intended to deter drug use.
In India, 3.1 crore people are reported to have used a cannabis product in the last 12 months and about 72 lakh people required help to address their cannabis dependency-related problems.
The 2001 amendment to the NDPS Act differentiates between "drug users" and "drug traffickers."
However, possession and recreational use of drugs remain offenses under the Act.
Such cases constitute 60 per cent of the total NDPS cases reported in India – in Maharashtra, the figure is as high as 85 per cent.

Provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in relation to drug users:

Criminalization of Drug Possession and Consumption: The NDPS Act criminalizes the possession and consumption of narcotic drugs and psychotropic substances. It treats drug users as offenders, subjecting them to legal consequences, including imprisonment and fines.
Differentiation between Small and Commercial Quantities: The Act distinguishes between possessing a small quantity of drugs (for personal use) and storing it in commercial quantities (for trafficking purposes). Possessing small quantities may result in lesser penalties, but it remains an offense.

Implications of Over-Criminalization of Drug Users:

Social Well-being: Over-criminalization undermines the social well-being of drug users. They face stigmatization, marginalization, and often lack access to necessary support systems and treatment options.
Burden on Criminal Justice System: The criminalization of drug users places a significant burden on the criminal justice system. Courts become congested with drug-related cases, leading to delays in proceedings and wastage of precious time and resources.
Ineffective Deterrence: Despite the intention to deter drug use, over-criminalization has failed to effectively address the issue. Drug dependence continues to rise globally, highlighting the need for alternative approaches.
Imprisonment makes rehabilitation difficult and increases the risk of individuals becoming involved in drug peddling.
Law enforcement agencies view drug users as offenders, while public health systems prioritize their well-being.
Strict bail provisions and moral panic in society further hinder the rehabilitation process.

Challenges Faced by the Criminal Justice System:

Limited Resources: The criminal justice system, including law enforcement agencies and courts, faces resource constraints in dealing with drug-related cases. This limits their ability to focus on more serious offences and adequately address the underlying causes of drug use.
Overloaded Courts: The high number of drug-related cases clogs the courts, leading to delays in trials and prolonged pre-trial incarcerations. This not only hampers the overall efficiency of the justice system but also impedes timely access to justice for both drug users and other offenders.
Inadequate Rehabilitation: The criminal justice system often fails to prioritize the rehabilitation of drug users. Incarceration without proper support and treatment exacerbates the problem, increasing the risk of recidivism and hindering successful reintegration into society.

Way Forward:

Public Health Approach: Shifting towards a public health approach emphasizes treating drug use as a health issue rather than a criminal offense. It involves focusing on prevention, harm reduction, treatment, and rehabilitation, with an emphasis on the overall well-being of individuals.
Decriminalization: Decriminalizing drug possession for personal use can reduce the burden on the criminal justice system. Instead of punitive measures, it allows for alternative interventions such as mandatory de-addiction programs, counseling, and community service.
Rehabilitation and Support Services: Investing in robust rehabilitation and support services is crucial. This includes expanding access to addiction treatment centers, providing comprehensive counseling and support programs, and addressing the social and economic factors that contribute to drug use.
Differentiation between Users and Traffickers: Differentiating between drug users and drug traffickers is essential. This ensures that individuals with substance abuse issues receive appropriate support, while those involved in the illicit drug trade are subjected to the necessary legal actions.
The Ministry of Social Justice and Empowerment recommended decriminalizing personal drug possession in 2021.
The ministry proposed mandatory de-addiction and rehab facilities, followed by community service for drug addicts.
Portugal and Canada have successfully implemented a public health approach to drug policies.
Sikkim's model of differentiating between peddlers and consumers and providing healthcare services can serve as a national example.

Approaches of Portugal, Canada, and Sikkim in Dealing with Drug-Related Issues:

Portugal:

Portugal decriminalized the possession and use of all drugs in 2001.
Instead of criminal penalties, individuals found in possession of drugs are referred to the Commission for the Dissuasion of Drug Addiction, where they may receive counseling, treatment, or other social support.
The focus is on treating drug use as a public health issue, with an emphasis on harm reduction, prevention, and rehabilitation.

Canada:

Canada implemented a comprehensive public health approach to drug-related issues.
It legalized the recreational use of cannabis in 2018, regulating and taxing its production and sale.
The approach combines strict regulations, public education, and harm reduction strategies such as safe injection sites and opioid substitution therapy.
The aim is to reduce the harms associated with drug use while providing access to treatment and support services.

Sikkim, India:

Sikkim differentiates between drug peddlers and drug users.
It has implemented a public health-oriented model that prioritizes the well-being of drug users.
The state provides healthcare services, including harm reduction programs, counseling, and treatment, to vulnerable drug users.
The focus is on reducing the harms associated with drug use and providing support for rehabilitation and reintegration.

Conclusion:

Criminalizing drug users has adverse effects on their well-being and burdens the criminal justice system.
Shifting towards a public health approach and focusing on rehabilitation is crucial.
Learning from international examples and implementing successful models within India can lead to positive outcomes for drug users and society as a whole.

Source: The Indian Express

Mains Question:

Q. Discuss the implications of the over-criminalization of drug users and the need for a shift in approach. Examine the challenges faced by the criminal justice system in dealing with drug-related cases and suggest alternative strategies to address drug use as a public health issue.(250 Words).