ISSN 2581-5369
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Compassionate Rehabilitation for Drug Users and Strict Action against Traffickers: A Legal Analysis under the NDPS Act, 1985
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Srinivasan Gopal, IRS
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, India
Abstract
India's drug policy under the NDPS Act, 1985, balances strict enforcement against traffickers with rehabilitative measures for addicts. The legal framework evolved from the British-era Dangerous Drugs Act, 1930, to the proactive NDPS Act, 1985 integrates deterrence, public awareness, and rehabilitation efforts. Key provisions like Sections 39 and 64A allow probation and immunity, respectively, for addicts seeking de-addiction treatment, distinguishing punitive measures from rehabilitative approaches. Institutional support from the Ministry of Health & Family Welfare and the Ministry of Social Justice & Empowerment drives rehabilitation programs such as Nasha Mukt Bharat Abhiyaan. Despite these, challenges persist, including societal stigma, inadequate infrastructure, etc. The article advocates a balanced approach that strengthens rehabilitation while maintaining effective deterrence against illicit drug trade.
Keywords
- Rehabilitation
- addict
- section 39
- section 64A of the NDPS Act
- 1985
- From reactive enforcement to proactive enforcement.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1548 - 1585
DOI: https://doij.org/10.10000/IJLMH.119842Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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