Punjab’s plan to decriminalise the possession and use of small quantities of illicit drugs not only aims to shift the focus on treatment and rehab rather than compulsory incarceration of addicts but also decongest the state prisons.
A report, which was also cited by Punjab health minister, Dr Balbir Singh, revealed that against the capacity of 26,000, around 30,000 inmates are lodged in state jails, and almost half of them are undertrials under the NDPS Act.
Under the proposed move, those found with small quantities of illegal substances will not be prosecuted but instead, they will be sent for lengthy stints of drug rehabilitation, Dr Singh said.
For this purpose, the Bhagwant Mann-led AAP government has proposed the implementation of Section 64 (A) of the NDPS Act that provides immunity from prosecution to addicts, who voluntarily seek to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the government, said the health minister.
“I have been told that there is no need to amend the NDPS and provisions of immunity and treatment to addicts are already there in the section,” he added.
Currently, addicts are charged under Section 27 (punishment of consumption of any narcotic drug or any psychotropic substance) of the NDPS Act.
Rehab instead of jail time
The decision to shift the policy from mandatory jail to rehab is in line with the approach taken by most countries globally. A 2016 report by the Global Commission on Drug Policy (GCDP)–a panel of world leaders and intellectuals, with a secretariat based in Geneva, Switzerland had also given a huge thrust on decriminalization in its report on advancing drug policy reform.
The report had stated that for the principle of human dignity and the rule of law to be firmly upheld, there must be no penalty whatsoever imposed for low-level possession and/or consumption offences.
Beyond decriminalizing, the possession of drugs for personal use, governments must implement alternatives to punishment for many low-level actors in the drug trade, including those who engage in social supply, drug couriers, and cultivators of illicit crops. Many of these people engage in the trade non-violently and may do so to alleviate their severe socio-economic marginalization.
“Punishing these groups is unjust and only serves to heighten their vulnerability,” the report had said.
Law experts in India said that under Section 39 of the NDPS Act too, the court has the power to release a person convicted for the offence of personal consumption having regard to his/her age, gender, character and also on condition that the offender will undergo de-addiction treatment.
According to senior police officials, dealing with NDPS cases, the provisions of these sections were never invoked in Punjab or elsewhere in the country.
In 2014, Punjab tried to implement this section keeping in view the rush of persons caught with small quantities inside prisons but could not do so because of opposition from a few legal experts.
Punjab Police’s Special Task Force (STF) official, on the condition of anonymity, said, “It is a good move, but there is a thin line. What if the smugglers and others who deal in huge quantities find a loophole? The mechanism to be set for implementation of this has to be foolproof so that while addicts are not punished, the big fish can’t escape the punishment.”
Ex-DGP Shashi Kant doubts that this move will help.
“I doubt this idea of giving immunity to addicts is going to bring success in decreasing the drug menace because governments have not been able to curb the drug supply. Every day you read that big fish of the drug trade has been caught by the police, but has it, in any way, decreased the supply of drugs? The answer is no. I don’t want to belittle the idea of giving immunity to addicts, as the government is capable of doing it, but they must deliberate on the issue properly,” he said.
Overcrowded prisons
The need to shift focus on rehab and treatment has been felt in the past few years due to a large number of persons caught with small quantities of drugs inside the prisons.
“When we are saying addiction is an ailment, then those who have been caught with a small quantity of drugs for personal consumption should be dealt with compassion and a holistic approach to settle them in society. During their decriminalization process in which they would be treated, the government is also planning to give them skill training,” said the health minister.
According to a senior police officer, working in Punjab Police’s Special Task Force (STF), the state registers nearly 10,000 to 12,000 FIRs every year. As many as 13,000-14,000 accused are arrested in these cases and are sent to jails.
“Our analysis has shown every year, out of those caught nearly 2,000 FIRs are registered against those accused who were possessing small quantities of drugs mainly for their own consumption. When they go inside jails, their tendency to become hardcore criminal increases,” the official said.
BOX: Section 64(A) route
Section 64(A) provides immunity from prosecution to an addict, who is charged with an offence punishable under Section 27 (punishment of consumption of any narcotic drug or any psychotropic substance) or with offences involving a small quantity of narcotic drugs or psychotropic substances. “Who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the government or a local authority and undergoes such treatment shall not be liable to prosecution under Section 27 or under any other section for offences involved in a small quantity of narcotic drugs or psychotropic substances,” the NDPS Act section reads. The section also states that the said immunity from prosecution may be withdrawn if the addict does not undergo complete treatment for de-addiction.
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