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Research Paper Volume 8 Issue 3 1548 - 1585 May 25, 2025

Compassionate Rehabilitation for Drug Users and Strict Action against Traffickers: A Legal Analysis under the NDPS Act, 1985

Lead author · Corresponding
Srinivasan Gopal, IRS
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119842
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.

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.119842
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CC BY-NC 4.0 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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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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