The Lok Sabha recently introduced the NDPS (Amendment) Bill, 2021, seeking to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. This Act is aimed at regulating activities related to narcotic drugs and psychotropic substances such as manufacturing, transport, and consumption.
The Narcotic Drugs and Psychotropic Substances Act, 1985
This Act classifies certain illicit activities like cultivating cannabis, manufacturing narcotic drugs or sheltering persons engaged in these activities as offenses. These crimes warrant severe penalties, including a minimum of 10 years imprisonment, extending up to 20 years, and a fine of at least Rs.1 lakh. In addition to this, the Act also allows for the confiscation of property derived from or used in illegal drug trafficking. It even contains provisions for death penalty in repeated offense cases. The Narcotics Control Bureau was set up under this Act in 1986.
Key Points about the NDPS (Amendment) Bill, 2021
The new bill aims to correct a drafting error from a 2014 amendment to the Act. In the past, section 2 clause (viii-a) contained sub-clauses (i) to (v), which defined illicit traffic. With the 2014 amendment, the clause number for illicit activities changed, but the related penalty section (27A) remained unchanged, causing a discrepancy. The bill will resolve this by altering section 27A to refer to the updated clause.
Judgment by Tripura High Court and Section 27A of the NDPS Act
The Tripura High Court ruled that until there are legislative changes to amend Section 27A of the NDPS Act, the sub-clauses (i) to (v) of clause (viii-a) of section 2 would be nullified.
Reason for Section 27A becoming Inoperable
Due to the amendment in 2014, the offences mentioned under Section 2 (viiia) sub-clauses i-v quickly became non-existent, making Section 27A inoperable as it was originally penalising a now-defunct list.
Objective of the NDPS (Amendment) Bill, 2021
The intent of this bill is not only to rectify previous errors but also to assist victims of drug abuse in overcoming addiction. It aims to decriminalise possession of a limited quantity of drugs for personal use while still imposing strict regulations on manufacturing, transport and consumption of these substances.
Concerns regarding the NDPS (Amendment) Bill, 2021
There are certain reservations expressed about the bill, as it seems to retroactively apply from 1st May 2014, potentially infringing on fundamental rights as per Article 20. This violation arises as the law proposes punishment for offences that didn’t have a legal standing at the time of their commission.
Government Initiatives to counter Drug Addiction
Some of the measures taken by the government include the formation of NCORD, revival of the ‘Financial Assistance to States for Narcotics Control’ scheme, development of the Seizure Information Management System (SIMS), conducting a National Drug Abuse Survey, launch of Project Sunrise, revisions to the NDPS Act in 1988, 2001 and 2014, and the initiation of the ‘Nasha Mukt Bharat’ campaign.
The proposed Amendment Bill seeks to accomplish more than just correcting legislative errors; it aims to strike a balance between law enforcement and victim rehabilitation, marking a significant step in India’s fight against substance abuse.
