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1 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

DRUGS AND CRIME

Shafaque Raza1

INTRODUCTION

Drugs are blessed discoveries for the safety and wellbeing of members of the society and not

to cause any harm to any of its members but it is abused worldwide. Drug means any

substance that, when taken into the living organism, may modify one or more of its

functions.2 The Australian Drug Foundation has defined drugs as ‘Any substance which

changes the way the body or mind functions’.3

In common usage, the term often refers specifically to psychoactive drugs, and often, even

more specifically, to illicit drugs, of which there is non-medical use in addition to any

medical use.4 Drug-taking can be legal or illegal. The caffeine in coffee and tea is a licit drug

and is unregulated. Alcohol is licit, as is tobacco, but both are more heavily regulated.

Prescription drugs like benzodiazepine (sleeping pills) and steroids are licit when prescribed

but illicit if used by someone without a prescription. Cannabis is illicit, although in several

states there are expiation schemes which allow those charged with some possession offences

to avoid having the conviction placed on their criminal record; thus, payment of a fine

‘expiates’ (atones for) the violation of the law. Heroin, ecstasy, hallucinogens, and others are

also illicit drugs.2

Drug abuse arises out of a maladaptive pattern of substance use, manifested by recurrent and

significant adverse consequences related to the repeated intake of the substance. These

problems must occur recurrently during the same 12 months period. The criteria do not

include tolerance, withdrawal, or a pattern of compulsive use, and instead include only the

harmful consequences of repeated use. Drug abuse can lead to drug dependence or addiction.

Drug dependence arises out of a maladaptive pattern of substance use, leading to a cluster of

1 1st Year LL.M Student, Jamia Millia Islamia, New Delhi 2 Taber’s encyclopaedic medical dictionary. 17th ed. Philadelphia: F.A. Davis Company; 1993. Drug; p.578. 3 Crime Prevention and Community Safety Learning Circles - Drug related crime [Online]. [cited 2012 Sep

21]; Available at

http://www.crimeprevention.gov.au/Informationresources/Documents/Drug_related_crime_Module.pdf (last

accessed on 2/1/2017 ) 4 Lexicon of alcohol and drug terms published by the World Health Organization [Online]. [cited 2012 Sep 21];

Available at: http://www.who.int/substance_abuse/terminology/who_lexicon/en/ (last accessed on 2/1/2017)


behavioural, cognitive and psychological phenomenon that develops after repeated intake. It

includes a strong desire to take the drug, difficulties in controlling its use, persisting in its use

despite harmful consequences, a higher priority given to drug use than to other activities and

obligations, increased tolerance, and sometimes a physical withdrawal state. It includes both

the terms “addiction” and “habituation”. Addiction defined as a chronic, relapsing disorder

characterized by compulsion to take a drug (craving) resulting in physical, psychological and

social harm, and continued use despite evidence of that harm. Drug habituation is a condition

resulting from the repeated consumption of a drug, in which there is psychological or

emotional dependency on the drug.5

HISTORICAL BACKGROUND

The history of drugs illuminates the history of humanity and explores the long relationship

between mankind and mind-altering substances. Use of drug is as old as the history of

mankind. Almost all primitive and modern societies seem to have used some mood

modifying drugs; and in some cases, it was only alcohol.6 Alcohol was made, drunk, and used

to excess as far back as memory and records go. Tobacco (Nicotiana), hemp (Cannabis

Sativa), opium poppy (Papaver Somniferum) and other plants containing drugs have been

chewed and smoked almost as long as alcohol and coffee has been served in the Middle

East.7

In his sensational best-seller8 that sheds light on the unknown life of Jesus Christ, Holger

Kersten states thus: “The exceptional aesthetic and sedative power of opium was well known

to the Jews even in pre-Christian times… so it is certainly possible that Jesus was given

opium dissolved in some liquid while on Cross. Indeed, such a drug cocktail would have been

ideal for the purposes of Joseph and his colleagues: not only was Jesus given the best of

pain-killers, the dose was designed to make him lose consciousness in a short time and so be

able to hang limply ‘dead’ on the Cross.”9

5 Reddy KSN. The essentials of forensic medicine and toxicology. (Medical Book Company, 26th ed.

Hyderabad:; 2007) 6 Leslie Iversen , Drugs: A Very Short Introduction, (2001), p.1. 7 Sudip Kumar Chaudhari, Drug Addiction Among the Youth in Calcutta, (1998), p.11. 8 Holger Kersten, Jesus Lived in India- His Unknown Life Before and After the Crucifixion (Penguin Books Ltd,

London, 2001). 9 The Pharmacological Basis of Therapeutics, (First Edition 1941), p.186


Moreover, on the clay tablets of Sumerians it was recorded that the juice of the poppy was

“collected in the early morning”, perhaps before the eastern sun should have tempered its

anodyne 10 . The people of lower Mesopotamia-now Iraq-cultivated the poppy plant five

thousand years before Christ in order to extract its juice:jil was the name given to it; which

means “joy” or “rejoicing”, and this name is still used today for opium in some parts of the

world. 11 Similar examples can be found in cultures as diverse as the Celts, the ancient

Egyptians, the Aztecs, the Lake Dwellers in Switzerland and other indigenous people around

the world.12

Wine was used at least from the time of the early Egyptians; narcotics from 4000 B.C;13 and

it was Babylonians, inheritors of Sumerian civilization, who, with their expanding empire,

spread the knowledge of the poppy’s medicinal properties eastward to Persia and westward to

Egypt where its use as a remedy for human ailments are known as early as 1550B.C.14

The use of dependence producing drugs in India also has long traditional and social roots.15

Near the end of the nineteenth century, it was realized that cocaine was being used in certain

parts of the States of Bengal and Bihar for its euphoric effects. The habit spread to large

towns such as Calcutta and others. The habit appears to have spread along the main rail

routes to northern India.16

But the problem of drug abuse became acute in the decades following World War II. Though

drug abuse includes usage of many drugs including alcohol, cannabis, heroin and opium and

the various derivatives such as cocaine, cannabis, hashish etc., a brief history of drug

addiction due to very common drugs viz. alcohol, opium, cannabis, morphine and cocaine has

been discussed below to elicit out dimensions of drug abuse in India:

10 Alfred Burger, “A Brief History of Drugs”, www.a1b2c3.com 11 Alfred R. Lindensmith, Addiction and Opiates, p.207 12 Escohotado, Antonio, et.al, A Brief History of Drugs: From the Stone Age to the Stoned Age (Inner

Tradition Intl Ltd. May 1, 1999) 13 Available at www.factmonster.com. (Last accessed on 2/1/2017) 14 Supra.n.2. 15 Gupta S.P, “The Young Escapist Who Takes Drugs” 29 Social Welfare, 17 (1982 ) 16 The earliest record of its use came from a small town named Bhagalpur in Bihar State. In course of time, it

was observed that cocaine was being secretly sold by certain agencies to people who were taking it in

prepared betel leaf (pan). A class of peddlers had sprung up who were selling the drug not only to grown-up

people but also to teenage schoolboys. It was usually sold in packets or “lifafas” (envelopes) of a half grain

each. See, Choppra, The Cocaine Problem in India, (United Nations Office on Drug and Crime).


ALCOHOL

Alcohol can be said to be man’s oldest drug. In India, it has been used from time

immemorial.17 Post-independent India is no exception to widespread alcoholism.18 In 1976,

the Government of India appointed a committee with the Director General of the Indian

Council of Medical Research as its Chairman to examine the extent of alcoholism and drug

abuse in India. The committee concluded that alcoholism is a growing menace and the

Government should take serious steps to arrest it.19

OPIUM

The word “opium” is derived from the Greek name of “juice”. One can infer that opium

smoking (and eating) in ancient civilization was done for pleasure. The Sumerians prepared

opium 5000 years before Christ. Opium was first used in Assyrian medical tablets from the

7th century B.C.20 The earliest mention of opium, as a product of India, was made by the

traveller Barbosa in his description of the Malabar Coast in 1511; and the Portuguese

historian Pyres in a letter to King Manuel of Portugal in 1516, spoke about opium of Egypt

and Bengal.21

India is a traditional producer of licit opium for medicinal and scientific purposes. It is grown

mainly in three States viz, Uttar Pradesh, Rajasthan and Madhya Pradesh under official

control of Narcotics Commissioner. Licenses are issued by Central Bureau of Narcotics to

eligible cultivators of the above States, subject to the conditions laid down by the Central

Government.

CANNABIS

17 Hira and Subhash, Drug Addiction and Drug Abuse: Some Thought (Shree Shakti Printers Baroda, 1977) 18 Cherian, Study On The Extent and Pattern of Alcohol Use and Alcohol Related Problems in South India,

(1983) p.41. 19 PK Kar.., “Drug Abuse: A Perspective of the National Problem” (Dr.B.N.Ghosh Memmorial Oration),

Hyderabad, Indian Pharmacological Society XXI Annual Conference, December 29-31, 1988. 20 Drug Addition with Special Reference to India (SCIR, New Delhi, 1965) p.264. 21 Sudip Kumar Chaudhari, Drug Addiction Among the Youth in Calcutta.(1998), p.13.


The use of cannabis plant for a variety of purposes has long existed in India and many other

Asian countries.22 Archaeological evidence indicates that cannabis cultivation dates back to

6000 BC; religious and mystical use of cannabis in Indian societies was reported from the 7th

century AD.23 Until the 1980s cannabis consumption does not appear to have been regarded

as an issue of major social concern in India, with little or no official mention of excessive

use. Prevalent socio-cultural regulations with regard to the form of use, mode of

consumption, context of use and profile of users, ensured a system of use management that

limited drug use within the country.24

MORPHINE AND ITS DERIVATIVES

Morphine derived from opium was well-known in ancient times and was used as far back as

4000B.C. In the 15th century, Paracelsus (1493-1541), the Swiss physician, gave the name

“landanum” (from the Latin ‘landare which means “to praise”) to preparations of opium.25

COCAINE

Sigmund Freud, the Austrian psychoanalyst (1856-1939) while treating many deeply

disturbed cocaine addicts, noted the numbing effect of the drug.26 He brought this effect to

the attention of the clinical pharmacologist, Carl Koller, who introduced cocaine as a local

aesthetic into surgical procedures. Cocaine’s potential for addiction was known and used with

sinister intent by South American Indian chiefs hundreds of years ago.27

DRUG ABUSE IN INDIA

22 Charles M, “Culture, Drug Abuse and Some Reflections on the Family”, XLVI Bulletin on Narcotics, 67-84

(1994), Khan M.Z, Drug Use Amongst the College Youth in Bombay ( Somaiya Publications, 1985) 23 Preventing and Controlling Drug Abuse, (WHO 1981), p.19. 24 Dasmattumantha. M.S, “Addicted to Drugs” 25 .R.R.Levine, Pharmacology: Drug Actions and Reactions (Boston, 1983)pp.211-247 26 Ernest Jones, The Life and Work of Sigmund Freud, (Vol.1), p.82 27 Sudhip Kumar Chaudhari, Drug Addiction Among the Youths in Calcutta , (1998), p13


Today, there is no part of the world that is free from the curse of drug trafficking and drug

addiction. Millions of drug addicts, all over the world, are leading miserable lives, between

life and death. India too is caught in this vicious circle of drug abuse, and the numbers of

drug addicts are increasing day by day.

According to a UN report, One million heroin addicts are registered in India, and unofficially

there are as many as five million. What started off as casual use among a minuscule

population of high-income group youth in the metro has permeated to all sections of society.

Inhalation of heroin alone has given way to intravenous drug use, that too in combination

with other sedatives and painkillers. This has increased the intensity of the effect, hastened

the process of addiction and complicated the process of recovery.28

It is estimated that, in India, by the time most boys reach the ninth grade, about 50 percent of

them have tried at least one of the substance of abuse nature.29 In last three decades, many

epidemiological surveys have been carried out in India to assess the prevalence of substance

abuse.

In Uttar Pradesh, Dube and Handa30 reported that 22.8 per 1000 were dependent on alcohol

and drugs while Thacore31 from Lucknow gave a figure of 18.55 per 1000. The Important

finding of these studies is that alcohol was the commonest substance used (60-98%) followed

by cannabis use (4-20%). Epidemiological surveys32 also revealed that 20-40% of subjects

above 15 years are current users of alcohol and 10% of them are regular or excessive users. In

a rural population of Uttar Pradesh alcohol was found to be the commonest substance abused

(82.5%) followed by cannabis (16.1%). Varma et al33 found that rates of current use of

alcohol in Punjab were 45.9% in Jalandhar and 27.7% in Chandigarh whereas it was 28.1% in

rural areas of Punjab34. Shukla35 reported that 38.3% of the rural population in Uttar Pradesh

was habitual substance users. In a study conducted in rural community in Bihar prevalence of

alcohol/drug use was found to be 28.8% of the study population.36

28 Ahmad Nadeem and Bano Rubeena et al. (eds.) SUBSTANCE ABUSE IN INDIA, (2009) 29 V Ramachandran . “The prevention of alcohol related problems. Indian J Psychiatry” ; 33:3-10 (1991) 30 Dube and Handa “Drug use in health and mental illness in an Indian population”. 118:345-6 (1971) 31 Thacore VR. “Drug abuse in India with special reference to Lucknow.” ;14:257-61 (1972) 32 Lal B, Singh G. “Drug abuse in Punjab”. 74:441 (1979) 33 Varma VK, and Singh A et al.. “Extent and pattern of alcohol use in North India”. 22:331-7 (1980) 34 Lal B, Singh G. “Alcohol consumption in Punjab”; 20:212-6 (1978) 35 BR Shukla Drinks and drugs in a north Indian village-an anthropological study. (Ethnographic and Folk

culture Society: Lucknow, India, 1979) 36 R Jena and TR Shukla et al. “P. Drug abuse in a rural community in Bihar”: 38:43-6 (1996)


The reasons for widespread drug addiction are many. Unemployment and frustrated

economic conditions are among these. Further the pharmaceuticals such as pain relieving

opioids and sedatives are easily available from chemists without prescription. The fact that

there is a steady supply of drugs from across the border is another reason. Heroine is

smuggled from Afghanistan and Punjab is the transit route for drugs. This fact is evidenced

by frequent seizures of illegal drugs by authorities. Recently a movie named ‘Udta Punjab’

also highlights the drug epidemic in the state of Punjab.

Punjab, being a transit, has the highest average of drug abuse among the youth i.e. 51.6%

which is 18 times more than the national average of 2.8%. Moreover, Punjab has the highest

number of people booked under the Narcotic Drugs and Psychotropic Substance (NDPS) Act

of 1985.37

The drug menace in Punjab can be very well illustrated by the figure given below:

37 National Crime Records Bureau, 2013



DRUG ADDICTION: CAUSES AND ABUSE

“Drug abuse is a social evil. It destroys vitals not only of the society but also adversely

affects the economic growth of the country.”38

MEANING OF ADDICTION

According to classic definition, addiction refers to the state of being enslaved to a habit or

practice or to something that is psychologically and physically habit forming, such as

narcotics, that its cessation causes severe trauma.39

Addiction develops when a person becomes physically, psychologically and emotionally

dependent, most often to drugs or alcohol. It is defined by a collection of unique

characteristics:40

A chronic inability to abstain from a certain substance or behaviour

Behavioural impairment or loss of control

Cravings for a substance or behaviour

Continued use of a substance, or engagement in a behaviour despite evident

consequences, such as financial ruin, damaged relationships or career loss

Inappropriate or dysfunctional emotional response when access to substance or

behaviour is removed

‘Drug addiction’ is a state of mind and body resulting from continuous and repeated use of a

drug. Its most visible feature is an overpowering desire to continue taking the drugs, a

tendency to increase the dose and a high tendency of withdrawal symptoms41. The fear of

withdrawal symptoms generates a self -compulsion on the addict to obtain the drug by any

means. Response to tolerance is diminished due to repeated use of the drug; which in turn,

induces the addict to take unusual doses to obtain the desired effect.

38 Y K Sabarwal, Former Chief Justice of India (2006) 39 Collins English Dictionary- Complete & Unabridged 10th edition 40 Available at https://www.summitbehavioralhealth.com/resources/articles/what-is-addiction/ (Last visited on

November 11, 2016) 41 Hamid Ghodse¸ Drugs and Addictive Behaviour: A Guide to Treatment, (1989) p.14.


Drug addiction is a compulsive drive to take drugs despite there being potentially dangerous

and serious consequences. For decades, it has been seen as a negative choice for an individual

to make and a voluntary choice by addicts. However recent studies have shown that it is not

simply a choice that weather or not we become drug addicts, it involves many genetic and

environmental factors.42

The cultivation of opium in India and its export to China by the British East India Company

in the middle of the 18th century paved the way for the drug menace in the contemporary

world. Drug-abuse cannot be kept confined to a single country or nation. It is a phenomenon

all over the world which had started nearly two hundred and fifty years ago. However, drug

abuse assumed gigantic proportions and became a global issue only after the Second World

War.

The dreadful consequences of drug addiction can be summarized as follows:

a) Damage to human liver and eyes caused by ethyl alcohol and methyl alcohol respectively.

b) Genetic and chromosomal disorders.

c) Impairment of intelligence, memory and efficiency.

d) Mental illness, psychosis etc.

e) Infection and transmission of diseases like AIDS, Hepatitis etc.

f) Wasting of valuable time and money for procuring drugs; which in turn, adversely affects

career and occupation.

g) Indulgence in anti-social and criminal activities to procure drug.

h) Breaking up of interpersonal relationship at family and social level.

i) Traffic accidents and industrial accidents under the influence of drugs.

CAUSES OF ADDICTION

There are a wide range of reasons why people use drugs. For example, it may help them to

cope with problems, while stopping might lead to unpleasant effects. There may also be

things happening within the family or community that are contributing to the person’s drug

42 Goldstein and Volkow, Drug addiction and its underlying neurobiological basis: neuroimaging evidence for

the involvement of the frontal cortex, 159(10):1642-52. (2002)


use.43 Many cases of drug or alcohol addicts arise after apparent failure in business or

professional life.44 Some people may not even be sure why they use drugs.

Dopamine receptors within the brain are affected by drug use and dopamine floods the

individual with desirable emotions, rewarding for substance use. Once dopamine’s

relationship to reward was discovered, dopamine was thought to be heavily involved as the

reason for addiction. Upon initial use of a psychotropic substance, such as amphetamine or

cocaine, changes occur within the brain, influencing a cycle of addiction. Cognitive

functioning affects whether or not someone initially tries an illicit substance. Once affected

by the drug, brain chemistry is altered to perpetuate additional use. There are various

cognitive variables that are common to drug abusers, such as poor decision making, high risk

taking and lack of self control.45

The causes of drug addiction could be three-fold.

a) Psychological Causes of Drug Addiction

b) Environmental Causes of Drug Addiction

c) Genetic Causes of Drug Addiction

While biological causes of drug addiction have been suggested, many people still believe

psychological factors comprise the bulk of what causes drug addiction. Some of the

psychological causes of drug addiction appear to stem from trauma, often when the drug

addict is young. Sexual or physical abuse, neglect, or chaos in the home can all lead to

psychological stress, which people attempt to "self-medicate" (decrease the stress's pain

through drug use). This self-medication becomes a cause of drug addiction.46

Other psychological causes of drug addiction include:

43 Problem drug use [Online]. [cited 2012 Sep 24]; Available at:

http://www.mhfa.com.au/documents/guidelines/8307_AMHFA_probdrug_guidelinesemail.pdf (Last

accessed on 2/1/2017) 44 Sharma HR, Mohan D. Drug abuse in India: prevalence, pattern, policy and prevention. Social Defence ,

XVI( 63):63 (1981) 45 Pinel JPJ. Biopsychology. 7th ed. Boston: MA. Pearson Education Inc.; 2009.

46 Causes of Drug Addiction - What Causes Drug Addiction?, Natasha Tracy, Available at

http://www.healthyplace.com/addictions/drug-addiction/causes-of-drug-addiction-what-causes-drug-

addiction/#ref (Last modified August 12, 2016)


A mental illness such as depression

Inability to connect with others, lack of friends

Poor performance at work or school

Poor stress coping skills

A person's environment can be part of what causes drug addiction. Drug addiction is more

common in environments where drug abuse is seen or where it's seen as permissible. Children

who grow up in homes with drug addicts often become drug addicts themselves. Because

most drug use starts in adolescence. Those with inattentive, abusive or neglectful parents are

more prone to drug abuse. One cause of drug addiction can be the combination of drug

experimentation with the lack of parental oversight.47

Other environmental factors that can be causes of drug abuse include:

Participation in a sport where performance-enhancing drugs are encouraged

A peer group that uses or promotes drug use

People of lower socioeconomic status are at greater risk of drug addiction

Gender and ethnicity contribute to addiction of some drugs

Further drug addiction tends to run in families, indicating genetics may have a role in causing

drug addiction. In fact, in studies of twins it appears half of someone's risk of becoming

addicted to drugs is genetic. Genetic causes of drug addiction appear to involve multiple gene

sequences and science has not yet been able to pinpoint all the genes involved. However, it is

known some genes, like those involved in brain receptors of nicotine, contribute to the cause

of drug addiction.48

DRUG ABUSE

Non-medical use of drugs and the problem of drug abuse are as old as civilization itself.49

Drug abuse refers to the use of any drug by self administration in a manner that deviates from

the approved medical and social patterns within a given culture. The word “drug” has

47 Available at http://www.mayoclinic.org/diseases-conditions/drug-addiction/basics/causes/con-20020970 (Last

Visited on November 11, 2016) 48 Available at https://www.altamirarecovery.com/treatment-specialties/drug-addiction/causes-effects-drug-

addiction/ (Last Visited on November 11, 2016) 49 Molly Charles and Dave Bewley et al., Drug Policy in India : Compounding Harm, p.3.

http://www.healthyplace.com/addictions/drug-addiction/what-is-drug-abuse-drug-abuse-information/


acquired bad connotations in recent years because the widespread abuse of a few chemicals

that affect the central nervous system has become a serious sociological problem.

Nevertheless, drugs can benefit as well as harm the nervous system, and have made possible,

a revolution in the way modern doctors treat diseases.50

When a drug is being used without medical approval, or used excessively, it is judged to be a

“misuse”. ‘Drug abuse’ is an alternative phrase defined by World Health Organisation as

“persistent or sporadic excessive use inconsistent with or unrelated to acceptable medical

practice”.51

People take drugs for many reasons: peer pressure, relief from stress, increased energy, to

relax, to relieve pain, to escape reality, to feel more self-esteem and for recreation. They may

take stimulants to keep alert; or cocaine for the feeling of excitement it produces. Athletes

and body builders take anabolic steroids to increase muscle mass.52

In order to improve their performance, athletes use drugs. The pressure to win is burdening as

the medals can be worth millions of dollars. Drugs which are usually used by the athletes

include: anabolic steroids, stimulants, testosterone, erythropoietin and human growth

hormones; the first three being the most popular ones. For events in which body strength and

weight are principal determinants as in the case of weight lifting and shot puts, anabolic

steroids like stanzolol is used; for events in which output of energy is explosive, central

stimulants like amphetamine or cocaine are used; and for events in which steadiness is

essential as in the case of riffle shooting, propranolol is used.53

DRUGS AND VICTIMISATION

The above observations already establish the link between drug use and crime. In general, it

is accepted that violence, intimidation / extortion and corruption are linked to the illicit drugs

market. Various researches indicate a strong positive correlation between the frequency of

offending and the level of an offender’s illicit drug use. However the question of causality

50 Alfred Burger, “A Brief History of Drugs”, www.a1b2c3.com 51 Hamid Ghodse¸ Drugs and Addictive Behaviour: A Guide to Treatment, p.14. (1989) 52 “Drug Addiction and Drug Abuse”, www.factmonster.com. 53 “The Real Scandal”, News Week, February 15,1999, pp.28-40.


continues to be contentious as the research does not, in itself, show conclusively that the drug

use causes the crime.

Now, before we go into the concept of victimisation, we should briefly revise what a drug-

related crime actually means. A drug-related crime can be summarised as –

Crimes that are the result of the victim's or the offender's drug use

Crimes that transpire subsequent to the offender's need to support his or her drug habit

Crimes that happen as a result of drug trafficking and distribution

Drug-related crime victimization occurs in many forms. Many drug users resort to violent

crimes that include homicide, assault, and armed robbery. Drug use may contribute to

situations such as domestic violence. In an attempt to obtain their drug of choice, drug users

may also commit non-violent crimes, such as identity theft.

One of the major victims of drug abuse is children. Maltreated children of substance abusing

parents are more likely to have poorer physical, intellectual, social, and emotional outcomes

and are at a greater risk of developing substance abuse problems themselves.54 They are the

most innocent and defenceless targets. Children of drug users, dealers and producers are also

often the most compliant victims. From abuse and neglect to worry and stress, kids

sometimes don't know that their situation is abnormal, nor where to turn for help.

Drugs and/or alcohol are involved in a lot of sexual assaults. Both women and men have been

targeted. Most have been drinking alcohol prior to the assault though other drinks and food

have also been spiked. Unfortunately this crime is not rare.

54 Goldman and Salus, et al. “A Coordinated Response to Child Abuse and Neglect: The Foundation for

Practice,” U.S. Department of Health and Human Services, Office on Child Abuse and Neglect, User Manual

Series (2003)


THEORIES OF DRUG ABUSE

As is true of theories of crime, there are three broad types of explanations for drug use:

(1) Biological theories,

(2) Psychological theories, and

(3) Sociological theories.

Each focuses on a different range of factors as crucial in determining why people use and

abuse psychoactive substances. Of course, even within each broad type, there is a range of

specific theories. All biological theories, and nearly all psychological theories, are

individualistic in that they focus on differences between and among people. They can be

referred to as “kinds-of-people” theories.

For instance, person X is different in some way from person Y (or has had different kinds of

experiences from person Y), and therefore, person X is more likely to use drugs than person

Y. Biological theories are based on constitutional or inborn differences between persons who

become drug users and those who do not. One such theory is genetic. Some progress has been

made in locating a genetic predisposition to alcoholism, but it is only one factor among many.

In contrast, most sociological theories tend to focus not on individual differences but group or

category differences (persons belonging to group X are different from persons belonging to

group Y), or structural differences (the larger structures or circumstances in which persons

are located differ, such as cities, neighbourhoods, time periods, social conditions, or

countries). Since most of these theories explain only a piece of the puzzle, most of them are

complementary rather than contradictory. Still, some explanations do contradict others: If one

is true, one or more others cannot be true. It’s important to understand the implications of

each one so that we have a clear idea of what manner of evidence confirms or falsifies it.55

A number of factors are at work in encouraging drug use; no single factor or variable can

possibly completely answer the question of why some people use drugs and others do not.

The main theories of drug use and abuse can be boiled down to three: biological,

psychological, and sociological explanations. These theories can be well understood by the

following flow Figures:

55 Goode, Erich, Drugs in American society (McGraw-Hill, New York, 8th ed)


Figure 1 and 2 (above)

THEORIES OF DRUG

ABUSE

BIOLOGICAL THEIRIES

They are based on physical causes, such a genes, hormones, neurological factors, etc. It postulate that specific physical mechanisms in individuals influence them to experiment with or abuse drugs once they are exposed to them.

PSYCHOLOGICAL THEORIES

They are based either on reinforcement, whether positive or negative, or personality type

SOCIOLOGICAL THEORIES

They make use of broader, structural, cultural, or institutional factors and variables

BIOLOGICAL THEORIES

GENETIC THEORY

They rely on chromosomal differences in the population which influence the predisposition to take or abuse psychoactive substances. Gene or combination of genes influence biological mechanisms relevant to substance abuse

METABOLIC IMBALANCE

It focuses specifically on narcotic addiction Once persons with a

metabolic imbalance begin using narcotics, a biochemical process kicks in to make their bodies crave opiate

drugs and render them prone to becoming addicts.


Figure 3 (above)

PSYCHOLOGICAL THEORIES

POSITIVE/NEGATIVE REINFORCEMENT

based on the idea that drug use is caused by the reinforcing effects of

psychoactive drugs

Positive reinforcement = motivation to continue using drug because of

positive sensations

Negative reinforcement = motivation to continue

using drug to avoid withdrawal symptoms

INADEQUATE PERSONALITY

based on the notion that young people who lack self-esteem, are unable to cope with life, who are failures, turn to drugs to drown out the feelings of failure. Drugs use masks some of life’s problems

PROBLEM-BEHAVIOUR PRONENESS

It argues that drug use is simply one specific manifestation of a wide range of problematic behaviors, such as early sex, juvenile delinquency, conflict with alienation from parents, and impulsivity


Anomie theory argues that nonconforming behavior is the product of a malintegrated society

whose culture encourages material achievement but whose social structure and economic

structure denies that same achievement to most members, thus leading to strain, which results

in deviant adaptations, including retreatism (such as drug addiction and alcoholism).

Social control theory argues that violations of the norms, particularly juvenile delinquency,

take place to the extent that bonds to conventional others, conventional beliefs, and

conventional activities are weak or absent.

Self-control theory explanation that argues that deviant, criminal, and delinquent behavior –

including recreational drug use – are caused by low self-control which, in turn, is caused by

poor, inadequate parenting.

Social learning theory of deviance which argues that deviant, criminal, and delinquent

behavior are learned in a more-or-less straightforward manner, as a result of exposure to

social circles whose members define engaging in non-normative activity in positive terms.

Subcultural theories explanations of use, abuse, or addiction based on the notion that group-

based norms, values, beliefs, and behavior influence drug taking.

Selective interaction/socialization theory argues that young people use recreational drugs

because, first, they gravitate toward social circles whose members are compatible in a range

of ways, drug use included, and second, because these circles further socialize them into the

desirability of using drugs.

SOCIOLOGICAL THEORIES

ANOMIE THEORY

SOCIAL CONTROL & SELF CONTROL

THEORY

SOCIAL LEARNING & SUBCULTURE

THEORY

SELECTIVE INTERACTION/SO

CIALISATION THEORY

CONFLICT THEORY


Conflict theory argues that social behavior is the outcome of differences among groups and

categories in the population in power, wealth and resources; drug abuse and drug selling

tends to be more entrenched in poorer, more disorganized neighborhoods because viable

economic options for residents are limited and community members find it difficult to

combat the power of drug dealers.

RELATIONSHIP BETWEEN DRUGS AND CRIME

Drugs are related to crime in multiple ways. Most directly, it is a crime to use, possess,

manufacture, or distribute drugs classified as having a potential for abuse (such as cocaine,

heroin, marijuana, and amphetamines). Drugs are also related to crime through the effects

they have on the user’s behaviour and by generating violence and other illegal activity in

connection with drug trafficking. The chart below summarizes the various ways that drugs

and crime are related.56

Drugs/crime relationship Definition Examples

Drug-defined offenses Violations of laws

prohibiting or regulating the

possession, use, distribution,

or manufacture of illegal

drugs

Drug possession or use.

Marijuana cultivation.

Methamphetamine

production. Cocaine, heroin,

or marijuana sales.

Drug-related offenses Offenses to which a drug’s

pharmacologic effects

contribute; offenses

motivated by the user’s need

for money to support

continued use; and offenses

connected to drug

distribution itself.

Violent behaviour resulting

from drug effects. Stealing to

get money to buy drugs.

Violence against rival drug

dealers.

Drug-using lifestyle A lifestyle in which the

likelihood and frequency of

involvement in illegal

A life orientation with an

emphasis on short-term goals

supported by illegal

56 John P. Walters, “Drug-Related Crime”, Office of National Drug Control Policy-Fact sheet (2000)


activity are increased because

drug users may not

participate in the legitimate

economy and are exposed to

situations that encourage

crime.

activities. Opportunities to

offend resulting from

contacts with offenders and

illegal markets. Criminal

skills learned from other

offenders.

There are three major models that examine the drugs–crime link.57 That:

1 Drug use leads to crime:

This first model (i.e. that drugs cause crime) is the most popular, whether in the media or

elsewhere. Sometimes the relationship is presented in direct causal terms, sometimes mere by

association. There is considerable research evidence in the USA, Britain and Europe to

support it but no conclusive evidence of a direct causal link.58

2 Crime leads to drug use:

The research literature surrounding and providing support to this model is scanty by

comparison. Conversely, speculation is greater. Moreover, as stated earlier, the debate is

more than of academic interest. If crime leads to drugs there will be no reduction in

criminality even with the successful treatment of the drugs problem. If crime leads to drugs

then treatment should be directed at reducing the criminality, and the drug problem will be

correspondingly reduced.59

3 Drug use and crimes have a common aetiology:

One single model cannot account for the drug crime relationship. Rather the drug using

population is heterogeneous, and there are multiple paths that lead to drug use and crime.60

Others have rejected the simple causal explanatory model where one (drugs or crime) leads to

the other (crime or drugs). The relationship is said to be too complex.

Therefore drugs and crime can be linked in a number of ways, such as,

57 Philip Bean, Drugs and Crime (Willan publishing, 3rd edn., 2008) 58 MacCoun , “Research on Drug-Crime Linkages:The Next Generation”, NIJ 2003 59 Hammersley et al, Crime, Drugs and Social Theory-A phenomenological approach (Ashgate Publishing Ltd,

2007) 60 White and Gorman, The Dynamics of Drug-Crime Relationship (Volume 1, 2000)


People who use/supply illegal drugs getting caught

People who commit violent offences while under the influence of drugs

Drugs and alcohol related driving offences

Violence involving drug dealers who may clash with rival gangs or be violent towards

drug users who owe them money.

Drugs can cause terrible damage and can change the life of the victim forever. Here are a few

jaw dropping instances of drug fuelled crime. These are more grisly murders and actions

caused by drugs and those who used them.

One of the first cases that came to mind was the recent acts that blamed on those using so-

called bath salts. Rudy Eugene, a resident of Miami made a feast out of a homeless man’s

face. Eugene was shot by a Miami cop, but the homeless man had already lost 75 percent of

his face. Thankfully the homeless man survived.61

Another attack followed this one, this time featuring a woman called Pamela McCarthy high

on a similar drug. These drugs are related to the active ingredient of khat, a plant that grows

naturally around the world. The woman went on a naked rampage, and police were called

after she reportedly punched and choked her three-year-old son. She also attempted to

strangle the family dog. Once on the scene, the police doused her with pepper spray after she

attempted to bite an officer, but this had no effect. The police elected to use a Taser on her,

and she died after a cardiac arrest, possibly due to the combination of the Taser use and the

drug.62

Next incident is of Dale Nelson, who was a Canadian logger who killed eight people. Nelson

had drunk heavily on Sept. 4, 1970, and he later drove to a relative’s house and murdered a

mother and one of her children using a fire extinguisher and a knife. He apparently tried to

eat the child’s organs. He then went to another house and shot the people inside apart from a

child, who he raped shortly after and then killed. These crimes were blamed partly on his

heavy alcohol and LSD use 63

61 Available at http://www.dailymail.co.uk/news/article-2165733/Miami-cannibal-Rudy-Eugene-high-bath-

salts-attacked-Ronald-Poppo.html (Last updated June 28, 2012) 62 Available at http://www.dailymail.co.uk/news/article-2159333/Bath-salts-mom-pictured-Pamela-McCarthy-

35-dies-police-Taser-attacking-child-3.html (Last updated June 14, 2012) 63 Available at http://murderpedia.org/male.N/n/nelson-dale-merle.htm (Last updated June 17, 2015)


Archibald McCafferty was responsible a number of horrific murders while high on a variety

of drugs, including PCP, often called angel dust. His murder spree started after his son died

aged just a few months old. He, after being released from a psychiatric institution, went on a

murderous rampage, apparently inspired by visions of his son, who apparently told him to kill

seven people. He only succeeded in killing three with help from a gang before he was caught.

He was given multiple life sentences. In prison, he was accused of killing fellow prisoners

and caught taking more drugs. Eventually, he got clean, and he now lives in Scotland.64

Drug use often causes an individual to do things they normally wouldn’t do if they were free

of the influence of drugs. It is wrong to say that the violence associated with drugs is simply a

product of drug trafficking. That is, if drugs were legal, then most drug crime would end. But

violent crime is often committed not because people want to buy drugs, but because people

use drugs. Drug use changes behaviour and exacerbates criminal activity.

For experts in the field of crime, violence, and drug abuse, there is no doubt that there is a

connection between drug use and violence. As Joseph A. Califano, Jr., of the National Center

on Addiction and Substance Abuse at Columbia University and the former Secretary of

Health, Education, and Welfare stated, “Drugs like marijuana, heroin and cocaine are not

dangerous because they are illegal; they are illegal because they are dangerous.”Drug use is

not a victimless crime. If you really want to hear the truth about drug use and subsequent

behaviour, or the arguments of legalizing a specific drug, you should go and talk with a

victim of a drug-related crime.65

DRUG POLICY IN INDIA

India has a long history of opium and cannabis use, especially for medicinal, religious and

recreational reasons. Serving opium is an age-old tradition in many parts of the country that

marks respect for guests. Yet, this social propriety turned into legal impropriety with the

enactment of the Narcotic Drugs and Psychotropic Substances Act (NDPS) in 1985, in order

to comply with international agreements. The NDPS Act prohibits cultivation, production,

manufacture, possession, sale, purchase, transport, import, export, use and consumption of

64 Available at http://www.dailyrecord.co.uk/news/scottish-news/killer-archie-mccafferty-spotted-working-

1230053 (Last updated August 7, 2012) 65 Califano, Jr., Joseph A., “Should Drugs be Decriminalised? No.” BMJ 2007, 335:967 (10 November),


narcotic drugs and psychotropic substances, except for medical and scientific reasons, under

license.66

In the last two decades, the world over, efforts to control drug trafficking have been stepped

up and new strategies formulated. Nevertheless, drug abuse persists on a large scale and

trafficking has become an enduring problem, despite draconian laws such as the Indian

legislation. One such law is the Narcotic Drugs and Psychotropic Substances (NDPS) Act

1985.67

The Act was promulgated with the definite intent to terrorise those involved in any manner

with the illicit drug market, be it as user, buyer, seller, peddler or an agent, but has not

succeeded in even making a visible dent in the illicit drug empire. What has gone wrong?

The Act has failed due to:

(i) Delays in trial,

(ii) Weak bail laws which afford bail to the rich while keeping the poor in

prison,

(iii) Failure of the investigating agencies to present prosecution cases

according to the procedure set by the NDPS Act and

(iv) Poor understanding of the addiction problem.

The Constitution of India, under article 47, provides that – “Duty of the State to raise the

level of nutrition and the standard of living and to improve public health” -The State shall

regard the raising of the level of nutrition and the standard of living of its people and

the improvement of public health as among its primary duties and, in particular, the

State shall endeavour to bring about prohibition of the consumption except for

medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

In pursuance of this goal, the government of India has initiated a variety of legal and

preventive measures to reduce the demand of such substances. The various governmental

drug de-addiction programmes have to be seen in this light. India is signatory to:

Single Convention on Narcotic Drugs 1961 as amended by the 1972 Protocol

66 AbhijitTripathi, “Drug Policy of India A critical analysis of the illegal drugs prohibition laws in India” (1998) 67 KVLN Anuradha, “A Flawd Act” (1992)


Convention on Psychotropic Substances 1971

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotrophic

Substances 1988

The broad legislative policy of Indian Parliament on narcotic drugs is contained in the two

Central Acts, viz-

The Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act

1988

LEGISLATIVE BACKGROUND OF NDPS ACT

The NDPS Act was enacted by Parliament in 1985 in keeping with International Drug

Conventions, namely the Single Convention on Narcotic Drugs, 1961; the Protocol amending

the Single Convention on Narcotic Drugs, 1972 and the Convention on Psychotropic

Substances, 1971. The NDPS Bill, 1985 was passed hastily over four days, without much

legislative debate. It received the President’s assent on 16 September 1985 and came into

force on 14 November 1985. The NDPS Act, 1985 replaced the Opium Act, 1857, the Opium

Act, 1878 and the Dangerous Drugs Act, 1930. According to the Statement of Objects and

Reasons of the NDPS Act, 1985, India was becoming a transit for drug trafficking and the

then legislation was ineffective in countering the problem. The following deficiencies were

noted in the law prevailing at the time –

o Absence of stringent penalties against drug trafficking;

o Weak enforcement powers;

o Development of a vast body of international law, which India was a signatory to, and,

o Lack of regulations over psychotropic substances.

The NDPS Act, 1985 was introduced as a comprehensive legislation to tighten control over

abuse on narcotic drugs and psychotropic substances, enhance penalties, especially for

trafficking in drugs, strengthen regulations over psychotropic substances and provide for the

implementation of international conventions, to which India was a party.

The NDPS Act, 1985 was supplemented by the Prevention of Illicit Traffic in Narcotic Drugs

and Psychotropic Substances Act, 1988, which provides for preventive detention of persons


involved in illicit traffic in narcotic drugs and psychotropic substances.

The preamble of the NDPS Act 1985 provides that “An Act to consolidate and amend the law

relating to narcotic drugs, to make stringent provisions for the control and regulation of

operations relating to narcotic drugs and psychotropic substances 1[, to provide for the

forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and

psychotropic substances, to implement the provisions of the International Convention on

Narcotic Drugs and Psychotropic Substances]and for matters connected therewith.”

As is evident from its Preamble, the Act was enacted as to make stringent provisions for the

control and regulation of operations relating to narcotic drugs and psychotropic substances

and to provide deterrent punishments, including forfeiture of property derived from the used

in illicit traffic of such drugs.

OVERVIEW OF THE ACT

The NDPS Act contains 5 Chapters, with each chapter dealing with a certain subject with

respect to the statute. The first chapter serves as a Preliminary chapter, introducing and

defining the various narcotic drugs and psychotropic substances, and finally highlighting that

the Central government has the power to omit or add other substances to the list under the

NDPS Act.

The second chapter highlights the relevant Authorities and Officers that have been created

under the NDPS Act. It also sets the guidelines for the Central government to appoint a

Narcotics Commissioner, to set up a Narcotic Drugs and Psychotropic Substances

Consultative Committee and to fund a National Fund for Control of Drug Abuse.

The third chapter lays out the Prohibition, Control and Regulation of the previously

mentioned substances. It prevents the cultivation or production of the coca plant, opium

poppy or any cannabis plant by anybody, while reserving these rights with both the Central

and State governments if they wish to do so, by creating rules later. Furthermore, all Inter-

State and International smuggling of such substances have been prohibited. Finally, this

chapter looks at the regulation on other controlled substance that can be used to create


narcotic drugs and also has clauses which illustrate cases under which opium poppy, coca

plant, and cannabis plant can be legally cultivated.

Chapter four deals with the Offences and Penalties. It describes with punishment duration the

various possible crimes that can be tried under this Act, such as possession of such

substances, for commercial or recreational use, cultivation or preparation of such substances

and smuggling of such substances.

The fifth chapter looks at the Procedure of how the cases are to be dealt with, and also set the

guidelines for the officers empowered under this Act.



SIGNIFICANT ASPECTS OF THE ACT

Quantity Based Sentencing- under the NDPS Act, sentencing of punishment is based on the

substance and its quantity found. The government has also cleared the fact that when the

quantity of the seized product is to be calculated, the weight of the product will be given

prime consideration instead of the pure drug content of the product.68

Death Penalty- the harshness of the NDPS Act is very evident from the fact that death

penalty has also been included as a form of punishment under the Act. Courts can award

death sentence in the case of certain repeated offense (such as manufacture, production,

import, export, possession, and transportation) involving large quantities of drugs. 69 The

death penalty was made mandatory through the 1989 amendment, but the rage of offenses in

which death penalty could be awarded was narrowed down in 2001. Through the 2014

amendment, the death penalty was made discretionary and an alternative punishment of 30

years of imprisonment was introduced.

Treatment for Drug Dependence- the NDPS Act supports treatment for people who use

drugs both as an ‘alternative’ to, and independent of criminal measures. Several provisions

stipulated under the Act de penalise consumption and offenses involving small quantities of

drugs and encourage treatment seeking. The treatment aspects under the NDPS Act has come

distinct features-

Sec 4(2) (d) and 7A states that treatment of drug addict is one of the measures for

which the Central Government should create funds.

Sec 64A states that drug dependent people who are charged with an offense

involving small quantities of drugs or consumption can go for treatment and will

be exempted from prosecution.

Sec 39 says that instead of awarding sentences, the courts can divert drug

dependent people convicted for consumption or an offense involving a small

quantity of drugs, to a recognized medical facility for detoxification.

Sec 71, 76 (2) (f), and 78 (2) (b) contains provisions that the Central or the State

government can set up and regulate centres for identification, care, and treatment

of drug dependent people.

68 Notification through S.O.2941 (E), dated 18 November 2009 69 Section 31A, NDPS Act


The evil of drug abuse not only creates shackles on the very idea of a better life but it also

acts as an impediment to the growth of the country. The legal framework which is present to

counter the abuse of drugs is based on a solid foundation. A lot more can be achieved by just

efficiently implementing the existing laws and streamlining the procedure.

CRITICISM OF THE ACT

Over the years, this Act has been criticized as a hasty piece of legislation that had been

introduced under pressure and pointed key flaws in its functioning. Since there is no clear

definition of what is to be done with naturally found plants like cannabis, people have been

able to get away legally for consuming bhang, because even that isn’t mentioned in the Act.

Furthermore, the Act has been criticised for not giving the necessary leeway to the medical

usage of these substances, a change that was finally made in 2014. The 2014 amendment

created a list of ‘essential narcotic drugs’. As mentioned before, since States have been given

the power to allow the cultivation of narcotic substances, Uttarakhand has moved towards

legalizing marijuana. However, farmers will only grow this for industrial purposes, generally

to makes fibres, and not for recreational purposes. Moreover the Uttarakhand government has

also been accused of coming down hard on drug users and handing out similar punishments,

as if they were drug suppliers. While there definitely are some flaws that can be worked on,

the statute has had an impact on modern Indian society and is very important to any debate

regarding drugs.70

Following are few of the other problems created by the Act-

The Act presupposes the guilt of the accused, reversing the onus of proving one’s innocence,

which is not the norm under Indian jurisprudence. Section 35 presumes that an accused under

this Act had the intent, motive and knowledge of and for his actions.

When the Act came into force the cases were initially triable by the regular Sessions courts.

These new cases were an addition to the existing backlog of numerous other offences under

different legislation in the Sessions court calendar, resulting in an inordinate delay in their

disposal.

70 Chaitanya Kediyal, “Understanding the NDPS Act” Factly (2016)


Another problem is the failure of enforcement agencies to abide by section 50 of the Act

which gives the accused the right to be searched in the presence of a magistrate or a gazetted

officer. The Supreme Court held that, ‘It is obligatory on the part of such officer to inform the

person to be searched. Failure to do so would amount to non-compliance of section 50 which

is mandatory and thus it would affect the prosecution case and vitiate the trial.’71

The Act does not adequately discriminate between the addict, petty peddler and drug

trafficker. There is a complete lack of distinction between various offences. Under the Act,

any illegal activity related to drugs has been termed as trafficking and the punishment made

absolute. Circumstances of the offence, intent of the accused, discretion of the judges, all of

which form the basis of deciding the guilt or innocence of an accused, have been done away

with by a single stroke. The judge has to punish the convicted with a minimum sentence of

five years (in the case of ganja) and 10 years rigorous imprisonment in other cases. The

punishment cannot be commuted, reduced or transferred.

POSITIVE ASPECTS OF THE ACT

An interesting feature of this Act is that the procedure of addition and deletion from the list of

manufactured drugs (narcotic drugs) and psychotropic substances has been made very simple.

No formal bill or amendment is required for the purpose and the government has been

empowered to do such changes through simple notification in the official gazette on the basis

of available information or a decision under any international covenant.72

Also, Narcotic Control Bureau was set up by the Central Government in 1986 in order to

coordinate drug laws enforcement nationally.73

Further an addict convicted under section 27 may be released on probation after signing a

bond with or without sureties, for de-toxication or de-addiction from hospitals or an

institution maintained or recognised by the government. The conviction would stand and the

sentence would remain in abeyance to enable him to report back on successful completion of

de-addiction treatment within one year. The court may order release of the offender after

successful completion of the de-addiction treatment and abstaining from the commission of

71 State of Punjab V. Balbir Singh, 1994 AIR 1872, 1994 SCC (3) 299 72 Section 3, Narcotic Drugs and Psychotropic Substances Act 1985 73 Section 4(3), Narcotic Drugs and Psychotropic Substances Act 1985


any offence under chapter IV of the Act for three years. On failure to do so, he would have to

serve the sentence.74

Further, the power to issue search and arrest warrants has been vested both in Magistrates as

well as specially designated (Gazetted) officers of both Centre and States Governments. This

is designed to ensure timely and effective action in response to any information.75 However, it

is to be noted that while the power to search, seize, arrest etc, inherent in the Act are subject

to both substantive and procedural safeguards mandated by the Code of Criminal Procedure.

PREVENTION OF DRUG ABUSE

Having analysed the harmful effects of drugs on individual as well as society as a whole, it is

necessary to throw light on the preventive aspects as well. A plethora of research works have

been done on the drug treatment or de addiction mechanism worldwide. However the

preventive aspect has always been overlooked. Let us now analyse what necessary steps are

to be taken in order to curb the drug related menace.

First of all, the role of parents, teachers and educational institutions must be emphasised.

Parents, teachers and educational institutions have a great role to play in combating drug

abuse. Many a times, they ignore their roles. This is an area which needs a detailed research.

Most of the researches conducted in this regard has proved that one of the major reasons

responsible for drug addiction is the social environment which includes friend circle, peer

groups etc. This is more evident in the case of children. Hence parents and teachers can play

a major role in this regard.

Further the medical professionals (chemists) should realise their role in this regard. They

should ensure that no habit forming drug is given without a proper prescription. It is very

common now a day in drug shops that in spite of legal restrictions, many sell drugs to the

consumers.

74 Section 39, Narcotic Drugs and Psychotropic Substances Act 1985 75 Section 41, Narcotic Drugs and Psychotropic Substances Act 1985


The concerned authorities should consult with civil society groups, including representatives

of people who use drugs, medical professionals, academics and patient groups specializing in

drugs issues in drug policy formulation.

The government should ensure that the legal provisions on drug treatment are adequately

applied in a way that enables people who use drugs to access evidence-based treatment

services without the threat of punitive sanctions such as criminal prosecution and

imprisonment.

There must be strict surveillance and enforcement at import and export points, land borders,

coastal areas, airports, major and minor ports, foreign post offices etc. Also, intensive

preventive and interdiction efforts should be made along known drug routes.

The government should further make policies for the identification of illicit cultivation of the

opium poppy and the wild growth of cannabis; and eradication of these sources of supply.

The use of opium should be restricted and confined solely for medical and scientific

purposes.

Machinery may be set up to watch the co-ordination between various Central and State

Government agencies in order to ensure that their objectives are properly, speedily and

consistently implemented. Further, to combat the menace, the Government has to set up

district level committees consisting of representatives of various departments such as police,

excise, forests and Narcotic and Drugs Control Board.

Presently, the NCB is having only limited powers. Hence, steps must be taken to formulate

special schemes to strengthen NCB for fixing its future role. NCB could be empowered under

to enter, search, seize and arrest without warrant or authorization.76

Apart from these, effort must be made to understand the trends and patterns of drug use in the

country, especially along the rural areas falling along the drug trading routes.77

76 Section 41(2), 42, 53 and 67 of NDPS Act 77 Dalal and Kumar, “Critical Appraisal of NDPS Act 1985” IIBS (2009)


WHETHER DRUGS SHOULD BE LEGALISED?

We should all be concerned about our laws on illegal drugs because they affect all of us –

people who use drugs; who have family members using drugs; health professionals seeing

people for drug-related problems. But what can we do? Some people feel that we should

legalise drugs – treat them like alcohol and tobacco, as regulated products.

ARGUMENTS IN FAVORS OF LEGALISATION OF DRUGS

Proponents of legalisation argue that today’s drug laws contribute to the problem in the

following ways:78

In the illegal narcotic trade, the criminal law operates as a tax or duty that makes the supply

of narcotics profitable for the dealers by driving up prices. Similarly it discourages

competition by keeping other vendors out of the market.

Also, the enhanced profits draw organised crime into the drug trade; these crime families

grow, diversify and promote other criminal activity. Further, the high price caused by

criminalisation has a secondary criminogenic effect because it causes people to resort to

crime to obtain the money for drugs.

Harsh drug laws sponsor and enhance the growth of an extensive criminal subculture.

Moreover, they give the drug addiction an aura of rebellion against the authority where the

addict is somehow viewed as heroic. Such rebellious image may have a particular appeal to

juveniles and encourage experimentation with dangerous drugs.

Further, the attempts to enforce drug statutes consumes disproportionate amount of time,

energy and resources of the criminal justice system, making it more difficult to deal with

other types of crime. Also, the drug trade promotes the corruption of the criminal justice

system, particularly the law enforcement officers. The availability of funds makes it possible

to bribe officials.

78 Gennaro F. Vito and Jeffrey Maahs (eds.), Criminology-Theory, Research & Policy, 3rd edn.


In short, current laws against drugs cause rather than deter crimes. Therefore, according to

above observations, current illegal drugs should be legalised and addiction should be treated

as a medical condition. This action would undercut the illicit traffic and largely eliminate the

profit incentive supporting the traffic.

ARGUMENTS AGAINST LEGALISATION OF DRUGS

Legalization of drugs will lead to increased use and increased levels of addiction. Legalization

proponents claim that making illegal drugs legal would not cause more of these substances to

be consumed, nor would addiction increase. They claim that many people can use drugs in

moderation, and that many would choose not to use drugs, just as many abstain from alcohol

and tobacco now. Yet how much misery is already attributable to alcoholism and smoking?

Failure of legalisation of drugs in various parts of the world is evident by the instances given

below. Here are a few failed legalization ventures-

In 1975, the Alaska Supreme Court ruled that the state could not interfere with an

adult’s possession of marijuana for personal consumption in the home. The court’s

ruling became a green light for marijuana use. Although the ruling was limited to

persons 19 and over, teens were among those increasingly using marijuana. According

to a 1988 University of Alaska study, the state’s 12 to 17-year-olds used marijuana at

more than twice the national average for their age group. Alaska’s residents voted in

1990 to re-criminalize possession of marijuana.79

By 1979, after 11 states decriminalized marijuana and the Carter administration had

considered federal decriminalization, marijuana use shot up among teenagers. That

year, almost 51 percent of 12th graders reported they used marijuana in the last 12

months. By 1992, with tougher laws and increased attention to the risks of drug abuse,

that figure had been reduced to 22 percent, a 57-percent decline.80

79 Johnston, L.D., Bachman, J.G., and O’Malley, P.M., “Monitoring the Future: Questionnaire Responses from

the Nation’s High School Seniors,” Institute for Social Research, 1980, page 266. 80 Johnston, L.D., Bachman, J.G., and O’Malley, P.M., “Monitoring the Future: Questionnaire Responses from

the Nation’s High School Seniors,” Institute for Social Research, 1992, page 327.


Other countries have also had this experience. The Netherlands has had its own

troubles with increased use of cannabis products. From 1984 to 1996, the Dutch

liberalized the use of cannabis. Surveys reveal that lifetime prevalence of cannabis in

Holland increased consistently and sharply during those years. For the age group 18-

20, the increase went from 15 percent in 1984 to 44 percent in 1996. 81

The Netherlands is not alone. Switzerland, with some of the most liberal drug policies

in Europe, experimented with what became known as “Needle Park”. Needle Park

became a Mecca for drug addicts throughout Europe. It was an area where addicts

could come to openly purchase drugs and inject heroin without police intervention or

control. Because of the rapid decline in the neighbourhood surrounding Needle Park,

with increased crime and violence, led authorities to finally close it in 1992.82

Drug legalisation cannot offer a quick solution to the complex solution. Legalisation is not a

panacea and would require a great deal of thought. Legalisation of drugs would include the

following issue:

o What drugs should be legalised and according to what criteria? Who should determine

the criteria?

o As with alcohol, should there be age limit on drug use?

o Should certain drugs be made available only to those already dependent on them?

o Where the drugs should be sold?

o What kind of advertising should be permitted?

o If drugs are to be legalised, what type of restrictions on their use should be permitted?

Therefore it could be summarised as follows: No evidence suggests that governmental

regulation of illegal drugs would be more effective than current law enforcement efforts to

reduce substance abuse. Present societal norms are moving towards better health practices,

improved diets, more exercise and restricted use of alcohol and tobacco. By making harmful

substances more readily available, the government would be violating these norms.

81 Foulkes, Imogen, “Ten years on from Needle Park,” February 4, 2002, see: www.swissinfo. 82 Ibid


Legalisation would include cocaine, crack in particular (the drug responsible for much of the

drug related violence). It would add to the present levels of violence associated with another

legal, regulated drug, i.e. alcohol.

Further the proponents of legalisation ignore the impact it would have on the lower classes.

Legalisation of drugs would render them easily available. Hence it may add to day to day

street offences such as pick pocketing, eve teasing, street fight, petty thefts etc.

Other proponents of legalization contend that if drugs were legalized, crime and violence

would decrease, believing that it is the illegal nature of drug production, trafficking, and use

that fuels crime and violence, rather than the violent and irrational behaviour that drugs

themselves prompt. Proponents’ state that users commit crimes to pay for drugs because they

are not easily obtained, and if drugs were legal, profits associated with drugs because of their

illegal status would disappear, and the black market and criminal activity of traffickers would

be eliminated.

Yet, under a legalization scenario, a black market for drugs would still exist, and it would be a

vast black market. If drugs were legal for those over 18 or 21, there would be a market for

everyone under that age. People under the age of 21 consume the majority of illegal drugs, so

an illegal market and organized crime to supply it would remain—along with the organized

crime that profits from it.83

83 Speaking out against drug legalisation, 2010


CONCLUSION

Drug abuse is when someone is using drugs (e.g. cannabis, amphetamines, inhalants or kava)

in a way that causes them harm. It is not just a matter of how much of a drug the person is

using, but how their use affects their life and the lives of those around them. The relationship

between drug abuse and crime is complex. Simply, it is a crime to use, possess, manufacture,

or distribute drugs classified as having a potential for abuse. Not all individuals who use

drugs become addicted, nor do they commit violent crime. However, the impact of illicit

drugs, crime and violence is highly damaging to local communities as members of those

communities have to live in the midst of illicit drug markets, where crime and violence, and

the threat of crime and violence, are ever present.

Relationship between drug abuse and crime is complex. The evidence indicates that drug

users are more likely than nonusers to commit crimes, that arrestees and inmates were often

under the influence of a drug at the time they committed their offense, and that drug

trafficking generates violence. There are different theories that explain relationship between

drug abuse and crime, assessing the nature and extent of the influence of drugs on crime.

Thus the relationship between drugs and crime is not easy to understand. The triangular

relationship between a person, product and behaviour is complex and cannot be defined in a

simple formula.

However a number of researches conducted on the issue establish links between illegal drug

use and crime. Sometimes, drug use intensifies and perpetuates the commission of criminal

offences. For example, the Nirbhaya rape case of Delhi, in which all the offenders were

under the influence of alcohol.

Substance abuse has always been a growing problem in India as well. Due to the inefficiency

of existing drug laws, the Narcotic Drugs and Psychotropic Substances Act 1985 was passed

PERSON

(addict)

BEHAVIOUR

(criminality)

PRODUCT

(drugs)


to tackle the issue. India being a signatory to the U.N Convention on Narcotic Drugs 1961,

U.N. Convention on Psychotropic Substances, 1971 and UN Convention against Illicit Traffic

in Narcotic Drugs and Psychotropic Substances, 1988, is having an international commitment

and obligation to tackle narco-terrorism and related issues.

While all round efforts are being made for prevention and containment of drug abuse in our

country, a long journey is yet to be covered before we can draw some satisfactory results.