Drug and Substance Abuse

WHY IN NEWS?

• The Lok Sabha on 12^th December 2021 passed the Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 which seeks to rectify errors that had crept into the Narcotic Drugs and Psychotropic Substances (Amendment) Act.

INTRODUCTION:

• Drug or substance abuse refers to the use of certain psychoactive substances for the purpose of creating pleasurable effects on the brain.
• Psychoactive substances include alcohol, tobacco, cocaine from coca, opium and opioids from poppy plants. hashish or marijuana from cannabis, synthetic drugs such as heroin, ecstasy and LSD

STATISTICS

• There are over 190 million drug users around the world and the problem has been increasing at alarming rates, especially among young adults under the age of 30.
• According to NCRB data
  • 15 people die every day – or one every 96 minutes – from the effects of drinking alcohol.
• According to the Ministry of Social Justice and Empowerment Ministry report:
  • India's illicit drug markets are mostly dominated by cannabis and opioids.
  • There were 3.1 crore cannabis users and 2.3 crore opioid users in 2019.
• 12 lakh people die in India each year due to tobacco use

CAUSES OF DRUG ABUSE:

• Social factors
  • Curiosity and peer pressure, especially among school children and young adults
  • Chemicals may be used as part of religious practices or rituals
  • Recreational purposes
  • As a means of obtaining creative inspiration
  • Erosion of moral values
• Diversion of drugs from its intended target
  • The use of prescription drugs that were originally intended to target pain relief may have turned into recreational use and become addictive.
• Biological factors
  • Family history and genetic predisposition
  • Pre-existing psychiatric or personality disorder
• Psychological factors:
  • Mental stress due to work pressure, dysfunctional families etc.
  •  Childhood trauma
• Economic factors:
  • Poverty and unemployment
  • Economic inequality >> frustrated population, especially youth are getting easily attracted to drug abuse.
• Other factors:
  • Proximity to Golden Crescent and Golden Triangle
    • These are largest opium-producing areas of the world since the 1950s.
    • Golden Triangle is the area where the borders of Thailand, Laos, and Myanmar meet
    • Golden Crescent covers the mountainous peripheries of Afghanistan and Pakistan, extending into eastern Iran.
  • Easy availability:
    • Due to weak law enforcement, drug peddling is rampant in the country.
  • External state actors:
    • Pak-backed organised crime syndicates have a lucrative business in drug trafficking.
  • Glorification of drug use:
    • Popular media, like Bollywood movies, glorify the use of psychotropic drugs, which further attracts youth into trying them.

IMPACT

• Health impact:
  • Apart from the long term damage to the body drug abuse causes, drug addicts who use needles are also at risk of contracting HIV and hepatitis B and C infections.
  • Tobacco use is the leading cause of cancer in the country.
  • It also results in low level work productivity and pre-mature deaths
• Law and order issue:
  • Addicts resort to crime to pay for their drugs.
  • Drugs remove inhibition and impair judgment egging one on to commit offences. Incidences of teasing, group clashes, assault and impulsive murders increase with drug abuse.
• Human rights violation:
  • Rampant irregularities and torture of inmates are prevalent at the de-addiction centres.
  • The right of basic human dignity of persons desperately in need of care and treatment is being violated with impunity.
• On women:
  • Studies have shown that drug abuse among women is also on the rise. But due to social stigma, state of denial and lack of exclusive facilities, women are not seeking help and often fall victim to sexual abuses and threat to life.
• On economic security:
  • Drug cartels, with the support of external state actors are smuggling huge volume of drugs into India so as to threaten the country’s financial security, which amounts to a terror act.
• Road accidents:
  • Drug abuse and alcohol consumption is a major factor for rash driving >> threatens safety in roads

STEPS TAKEN TO TACKLE THE MENACE

• Constitutional provisions
  • Seventh Schedule:
    • The entry 51 in the State List makes “Alcohol for human consumption” a subject matter of states.
    • This provides states the power to make laws and charge duties on alcoholic liquors for human consumption.
  • Article 47 of DPSP:
    • This article directs that 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.
• Legislations:
  • Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:
    • It defines the various narcotic drugs and psychotropic substances and lays out the prohibition, ontrol and regulation of such substances
    • The penalties under this Act are severe considering the consequences of drug abuse and its trafficking. All the offences under the NDPS Act are non-bailable.
    • The 2014 amendment to the Act eased restrictions on Essential Narcotic Drugs (Morphine, Fentanyl and Methadone), making them more accessible for use in pain relief and palliative care
  • The Mental Health Care Act (2017)
    • It has included alcohol and drug use disorders under its ambit.
    • This measure is likely to increase the availability and access to the minimum standard of care and rehabilitation for people with substance use disorders.
  • Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill 2020:
    • Increase the legal smoking age from 18 to 21 years.
    • Ban on sale of loose cigarettes.
    • Doing away with smoking rooms at airports, restaurants and hotels.
    • Fine for smoking in public is also proposed to be increased from Rs 200 to Rs 2,000.
    • Stricter punishment and imposition of penalties for manufacturing or importing illicit cigarettes or tobacco products.
• Institutions:
  • Nodal Ministry:
    • The Ministry of Social Justice and Empowerment is the nodal Ministry for drug demand reduction.
  • Narco-Coordination Centre (NCORD) under Ministry of Home Affairs
    • It is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.
  • Narcotics Control Bureau:
    • It was constituted in 1986 under the provisions of the NDPS Act.
    • The NCB is a nodal agency that is responsible for coordination with various ministries, other offices & State/Central enforcement agencies with regard to drug law enforcement and also in respect of matters relating to drug abuse.
    • It works under the Union Ministry of Home Affairs.
• Nasha Mukt Bharat:
  • Annual Action Plan for 2020-21 would focus on 272 most affected districts.
  • It is a three-pronged attack combining efforts of Narcotics Bureau, Outreach/Awareness by Social Justice and Treatment through the Health Dept.
• Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse for Social Defence Services:
  • The scheme helps Voluntary Organizations for Prevention of Alcoholism and Drug abuse.
• National Survey:
  • To analyse the extent of drug abuse in the country, Government conducted the first National Survey on Extent and Pattern of Substance Use in India during 2018.
• National Action Plan for Drug Demand Reduction (NAPDDR) for 2018-2025:
  • Implemented by Ministry of Social Justice and Empowerment,
  • It aims at reduction of adverse consequences of drug abuse through a multi-pronged strategy involving awareness generation programmes, community outreach etc.
• International cooperation:
  • WHO's Framework Convention on Tobacco Control
    • It is WHO treaty that aims to protect present and future generations from the devastating consequences of tobacco consumption by enacting a set of universal standards stating the dangers of tobacco and limiting its use in all forms worldwide
    • India is a party to it.
  • UN Conventions:
    • India is a party to the three United Nations drug conventions:
      • Single Convention on Narcotic Drugs 1961,
      • Convention on Psychotropic Substances, 1971
      • Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
  • Bilateral:
    • For effective coordination with foreign countries in the matter of illicit drug trade, India has signed 37 Bilateral Agreements/Memoranda of Understanding.
• State government efforts:
  • Tackling drug menace:
    • Punjab and Haryana governments are undertaking efforts to reduce supply, demand and consumption of drugs.
    • This includes Special Task Force (STF) in Punjab, border patrols by security forces and police, opioid assisted treatment clinics and other rehabilitation facilities.
  • Alcohol prohibition
    • It is enforced in the states of Gujarat, Bihar, Nagaland, and the union territory of Lakshadweep.
• National Tobacco Control Programme
  • Public awareness/media campaigns
  • Inclusion of tobacco control campaign in academic syllabus
  • Collaboration with research institutions to find alternative cropping mechanism
  • Training social workers

CHALLENGES IN CURBING DRUG ABUSE

• India acts as a hub for drug trafficking:
  • Geographically, India lies between the Golden triangle and the Golden crescent, the major opium production regions in the world making it a hub for drug trafficking in the continent.
• Flawed approach to drug consumption:
  • State policy of controlling drug trade and usage has traditionally been punitive in nature since the usage of drugs is treated as a criminal law issue.
  • This approach traces its roots back to the U.S.’s stance of pursuing a global ‘war on drugs’, first declared in the 1970s by President Richard Nixon.
  • India, under the influence of Nixon’s policy and in recognition of its international obligations to deter drug trade and usage, enacted the NDPS Act in 1985.
• Organized nature:
  • Since drug peddling is an organised crime, it is challenging for the police to catch the persons involved from the point of source to the point of destination
• P-P-P Nexus:
  • The Police-Politician-Peddler nexus is an open secret in Punjab. Employees of the Punjab police and other security forces are often arrested for their involvement in the drug trade.
• Legal loopholes:
  • According to the present provisions of the NDPS Act, a seizure of less than five grams of heroin can lead to smaller imprisonment and fines.
  • Moreover, the suspect can easily secure bail. In order to take advantage of the legal loopholes, most of the trafficking takes place in small quantities.
• Treatment gap:
  • The National Mental Health Survey (2015-2016) showed a treatment gap of more than 70 per cent for drug use disorders.
  • Further, merely five per cent of people with illicit drug use disorders received inpatient care.
  • This indicates poor accessibility, utilization and quality of health care.
  • There is an acute shortage of psychiatrists and counsellors for de-addiction.
• Revenue for government
  • Tobacco and alcohol are highly taxed products >> so huge revenue for government >> hence no commitment from the government to reduce consumption.
• Advancement in technology:
  • Increased digital penetration and use of the dark web by online markets, rapid proliferation of internet-based pharmacies and bitcoin-based transactions has further enhanced the accessibility of drugs.
• Increased vulnerabilities due to pandemic:
  • The COVID-19 pandemic has exacerbated the factors that fuel the vicious circle of socio-economic vulnerability and drug use disorders
• Lobbying of producers
  • Tobacco companies, tobacco farmers and beedi employees lobby to maintain their economic opportunities
• Surrogate advertisement
  • Is a form of advertising which is used to promote regulated products, like cigarettes and alcohol, in the disguise of another product.
  • This type of advertising uses a product of a fairly close category, as: club soda, mineral water in case of alcohol, or products of a completely different category (for example, music CD's or playing cards) to hammer the brand name into the heads of consumers.
• Difficulty in influencing social behaviour

WAY FORWARD

• Supply side:
  • Create a joint institutional mechanism where the state police, BSF, DRI, NCB, Intelligence Bureau and other important agencies are represented.
  • This joint platform will help in better coordination among various agencies, creating synergy and avoiding overlap in operations.
  • Improvement of security infrastructure and surveillance capability at India-Pakistan and India-Myanmar border should be accorded priority.
  • The Central and state governments should develop ways of providing additional focus on anti-corruption measures, the modernisation of the police as well as judiciary.
• Demand side:
  • Community policing can play a meaningful role in building partnerships with parents and community leaders to become mentors for the prevention and treatment of drug abuse.
  • The government should encourage sports and other recreational facilities for youth, so that they can focus on healthy and productive ways of spending their free time.
  • Regular assessment and feedback of ground realities of the anti-drug drive.
• Ministry of Social Justice and Empowerment recommendations on NDPS Act:
  • The ministry has suggested that drug users and addicts be treated as ‘victims’ who need de-addiction and rehabilitation.
  • Criminal action should not be taken against them.
  • It has also called for decriminalising possession of ‘small quantities’ of drugs for personal consumption.
  • Decriminalisation has multiple advantages, including promoting better access to treatment facilities, as well as providing a breather to the Indian criminal justice system, currently clogged with cases involving small quantities of drugs.
  • As a corollary, this will allow the State to focus its resources on the prosecution of persons involved in large-scale trafficking and manufacture of drugs
• Evidence-based substance use prevention programmes:
  • Prevention programmes must aim at not just preventing substance use but ensuring that young population of India has enough opportunity to realize their potential. This requires:
    • Prevention of school/college dropouts
    • Adequate skilling to increase their employability
    • Generation of employment avenues
    • Facilitating participation of young population in civil society groups, political parties etc.
• Scientific treatment at the required scale:
  • India needs massive investments in enhancing the avenues for treatment.
  • Optimum allocation of resources for treatment of substance use disorders is imperative
• Changed outlook towards drug abuse:
  • Awareness programmes can play an important role in establishing substance use disorders as bio-psycho-social health conditions (and not just moral failings).
  • Enhancing the awareness in the society can be an effective tool in minimizing the stigma associated with substance use.
• Ensuring participation of all stakeholders in prevention  and rehabilitation:
  • Appropriate linkages between health workers, community leaders, religious leaders, and teachers for planning prevention and rehabilitation activities for drug abuse should be established.
• Controlling diversion of drugs:
  • There need effective coordination between Central Drugs Standard Control Organisation, Narcotics Control Bureau and Health authorities to tackle diversion of drugs to illicit activities.
• Community based approach:
  • Many addicted people struggle with a sense of isolation from their society.
  • Community based approach would provide the addicts and their families with not only emotional support but also the validation of being part of a community.

BEST PRACTICE

• Portugal’s experiences:
  • In 2001, Portugal, after suffering from one of the worst drug epidemics in Europe, was the first country to shift to a policy of decriminalisation, eliminating criminal charges for possession and consumption of drugs for personal usage.
  • This shift was in recognition of the inefficacy of criminal penalties to deter substance abuse.
  • As per the Portuguese legislation, persons caught with less than a 10-day supply of any drug are not subject to the criminal justice system.
  • Instead, they are required to appear before a panel, comprising a doctor, psychologist, and social worker, which determines suitable sanctions, ranging from fines to community service.
  • The ripple effects of the Portuguese model of decriminalisation have been significant. For instance, the number of persons who were admitted for treatment for substance abuse increased by 63% between 1998 and 2008. This is because access to de-addiction facilities became easier, due to reduced fear of criminal sanction.
  • The drug-induced death rate in Portugal, which was earlier higher than the European Union average, also plummeted to a level five times lower than the EU average.
  • In recognition of the success of the Portuguese model, the UN and the WHO have advocated for nations to repeal punitive laws relating to the use and possession of drugs for personal use.
• Iceland:
  • Iceland witnessed acute drug abuse among its children and the youth.
  • The government decided to tackle the issue right from the school level.
  • From introducing aptitude tests which revealed the inclinations of students to persuading parents to keep liquor and cigarettes out of reach of the youth. It has successfully weaned away 70-80% of its young population from drugs.
• “Mera Pind-Mera Maan”:
  • Mansa district in the Punjab is deploying youth energy to prevent idle time and potential addiction.
  • They run campaigns on single-use plastics, stubble burning, tree planting, road safety, and against drugs.
  • The motto of their campaign is ‘mera pind-mera maan’ (my village, my pride).

PRACTICE QUESTION:

Q. Examine the efficacy of Narcotic Drugs and Psychotropic Substances Act in tackling the menace of drug abuse in India. Also suggest demand and supply side measures required to address the illicit use of drugs