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India: Crime and punishment

Joginder Singh

The Pioneer

Monday 19 Jun 2006

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The recent involvement of a high profile deceased politician's son in a
case of drug abuse has focussed attention on the problem and sale of
narcotics in the country. The criminalisation of drug use and trade is
covered under the Narcotic Drugs and Psychotropic Substances Act. From
the law enforcement agencies' point of view, crime involving narcotics
forms a small portion - 0.7 per cent - of the total cognisable IPC crime
in the country.

In spite of a punitive and rehabilitative approach, the issue of drug
demand and control still remains elusive. For long India was producing
opium to satisfy the medicinal requirement of the world. It was only in
1985 that the Narcotics Drugs and Psychotropic Substances Act was
passed. Both cannabis and opium have been traditionally consumed for
social and cultural purposes in many parts of the country. The religious
use of cannabis continues to exist especially among followers of Lord
Shiva. bhang (a drink made with tender leaves of cannabis) is used by
common people to celebrate Shivaratri and Holi. But the Shaivite sadhus
(religious priests who live ascetic, celibate lives, often in isolation)
consume hashish and or marijuana. This is to help them concentrate and
meditate under harsh climatic conditions. Some sadhus consume cannabis
products daily in large quantity. For them, offering a pipe of cannabis
is similar to offering a cup of tea or coffee to visitors.

Though such religious use has existed for centuries, there has been no
provisions made other than to state that the use of bhang is legal, and
yet cannabis leaves - the source for making bhang - is illegal. There
are no measures for legally cultivating cannabis and collecting tender
leaves. In States like Rajasthan and Gujarat, the use of opium drink was
a part of culture, where guests are greeted with few drops of this
drink. Prior to the amendment of the NDPS Act in 2002, one could be
arrested for trading drugs if one was held in possession of 250mg or
quarter of a gram.

In the drug trade, a loose network of disposable actors have always
ensured that not even a dent is caused to those in this field. Today it
is considered more a social evil than a crime. Therefore, not many are
willing to furnish information about it though there are general rumours
and media reports about its use in big parties. Drug consumption was
carried out openly, legitimised by cultural norms and restricted by
traditional demand. It was also free of underground dealings. Instead of
reducing drug supply, the imposition of laws has resulted in the
replacement of culturally sanctioned use by traditional suppliers with
criminal networks.

The natural psycho-active plants commonly found in India include
cannabis, poppy, khat and dhatura. Cannabis and opium are part of the
cultural and religious elements in the country, which was used and kept
under control for thousands of years. The international community,
however, views these two drugs as particularly troublesome. Lessons
learnt during the last two decades indicate that targeting traffickers
and traders has fewer negative effects. It does not require providing
alternative means of livelihoods, to those who are affected by strict
enforcement of laws and illegal trade in narcotics. So much so, nobody
shall launch an andolan or an agitation of Narmada Bacho andolan-kind
for them. The illicit drug trade is a low-risk but a high profit
activity. In order to eliminate it, the situation needs to be reversed:
The illicit drug trade must be made a high-risk activity.

The present drug control strategy of India can be traced back to the
Single Convention on Narcotics Drugs of 1961. The NDPS Act is designed
to conform to the Single Convention of 1961, which the Indian Government
had signed in 1964. India was committed to the international goal of
eradicating all cultural uses of cannabis within a 25-year period - till
1989.

India is one of the world's top producers of licit opium, and is the
sole producer of opium gum. To meet India's share of anticipated world
demand for licit opium in 2000 and rebuild domestic stockpiles toward an
International Narcotics Control Board, the recommended level was about
750 metric tons. The Government set a harvest target of 1,200 metric
tons, of which 870 metric tons was meant for export, 130 metric tons for
domestic use and 200 metric tons for buffer stocks. To meet this goal,
the Government continued to license a historically larger number of
farmers and an increased area for poppy cultivation.

However, in 2001, the total licensed area has been reduced from 35,271
hectares to 25,375 hectares in 2001. Those cultivators who had failed to
achieve qualifying yields at least 45 kilograms per hectare in States
like Madhya Pradesh and Rajasthan were de-licensed. On the other hand,
criminal elements produce heroin from both diverted legal opium and
illegally grown opium, no reliable data are available on the extent of
production.

Nevertheless, the NCB sources are of the opinion that farmers often hide
the exact quantity of their yield and sell off some in the black market.
The Government periodically raises the official price paid to farmers to
increase incentives to licit cultivators. This graduated scale of
payment to licensed farmers is designed to encourage greater
productivity and prevent diversion to the black market, where opium can
fetch prices as much as 25 times higher than the base price of Rs 630
per kilogram.

For one kilogram the Government pays a farmer Rs 250, which is not only
meagre but also a fraction of the drug's value on the black market. In
2001, there was a decrease in the floor purchase price of opium from Rs
280 to Rs 270 per kilo. This led to induce the farmers to divert sales
to drug traffickers instead, who paid a much higher price.

Preventing substance abuse, or coping with it when it happens, are
matters of concern for society and Government. Drug prevention is a
shared responsibility. The reasons for drug use are varied. The world is
filled with opportunities to use drugs. It is for parents, teachers and
society to prepare the youth to make positive choices. High self-esteem
will enable them to resist peer pressure to use drugs, but not always.
The Government should accept that the law enforcement hypothesis would
never work alone. It should also focus on treating drug abuse as a
health problem with social and economic implications.

http://www.dailypioneer.com/
http://www.ccguide.org.uk/

 

 

 

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