Day in and day out cases related to drug addiction and drug deaths are increasingly coming on surface throughout the country. But there is considerable increase in cases related to drug abuse in the Jammu region for last some months, drug traffickers have spread their tentacles in almost all the districts of Jammu province, so that nationalist people of this region and their generations are spoiled and ruined together. In last two months more than 30 young and budding children have been consumed by the drugs in Distt. Poonch only and if the figure of drugs casualties is taken in whole of the Jammu and Kashmir is quite alarming. Thus alarming bells sound in every Distt. and panic stricken parents are helplessly watching the passing away of their dear ones in such a short span of time which one cannot imagine even in dreams. Despite the rigour of law, the drug consumers, peddlers and suppliers are unaffected, undeterred and unconcerned about the pangs and plight of the society.
Drug Abuse can be fought with multi prong approach.
Broadly with following instruments:-
Legal Aspect: Drugs consumption and drugs trafficking has become bane of our society and if we unfold the history of control of drugs through legislation or enactments, it is traced back to 1857, when Opium Act was passed in British India. Again the Opium Act of 1878 and the Dangerous Drugs Act 1930.In modern times the provisions of these enactments found to be inadequate because of the passage of the time and developments in the field of illicit drug traffic and drug abuse at National and international level. In order to consolidate and amend all existing laws relating to narcotic drugs, a comprehensive legislation was considered, thus came the Act commonly known as:
The Narcotic Drugs And Psychotropic Substances Act, 1985.
The act is all embracing and comprehensive,defines the Narcotic drugs,Psychotropic substances. The seizure procedure, control,rigour of punishment and tends to cover all the aspects which are required to discourage and curb this menace and also rid the society from the evil consequences of the drugs consumption and drugs abuse.
Broadly speaking the drugs are covered under two headings:
Narcotics:- which includes, Coca Leaf, Cannabis (hemp), (a) Acetorphine, (b) Diacety lmorphine (Heroin), (c) Dihydrodesoxymorphine, (Desmorphine), (d) Etrophine, (e) ketobemidone.
And their salts, preprations, admixtures,extracts and other substances containing any of these drugs.
Psychotropic substances: Which are administered by Doctors to induce sleep and give rest to the brain. From Methaqualone to mesocarb,there are about 34salts and preparations of psychotropic substances.
As per the NDPS Act, of 1985 illicit traffic means:-
One -cultivating any coca plant or gathering any portion of coca plant.
Two -cultivating the opium poppy or any cannabis plant.
Three -Engaging in the production, manufacture, possession, sale – purchase, transportation,warehousing,concealment,use or consumption,import ,Inter-state export, Inter -state import into India, Export from India or transshipment of Narcotics drugs or psychotropic substances.
Four -dealing in any activities in Narcotic drugs or psychotropic substances other than those referred to in sub clauses one to three.
Five-handling and letting out any premises for the carrying on of any of the activities referred to in subclauses one to four.
Other than those permitted under Act or rule and order made or any condition of any licence, term or authorisation issued there under, and includes, Financing, directly or indirectly, any of the aforementioned activities.
Abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities : and
Harbouring persons engaged in any of the aforementioned activities.
All aforementioned activities are penal offences
The NDPS Act prescribes Rigorous punishment from six months to twenty years and also fine from Rupees ten thousands to ten lakhs
In repeated offences even death penalty is awarded.
Legality speaking NDPS Act of 1985 is complete in itself and is a great deterrent against the violators of drug laws in India. The Act is quite rigorous in terms of punishment and bail matters.
But lack of following of procedural norms and lacdasical approach of the prosecution and investigating Agencies are the causes of letting free of the Accused persons from the courts.
Administrative Aspect: Maintenance of law and order is the prime duty of the Administration. Prevention of crime and putting criminals to justice is the main job of the police Agency. Drugs trafficking and smuggling is on the rise in India despite NDPS Act 1985 .India is a transit destination for drugs which are ultimately smuggled to western Nation’s. Drugs trafficking is being carried by our neighbor in order to earn huge money for sustaining terrorism and fundamentalism in the region and also to create choas in India in general and foment trouble in J and K in particular to further the sinister designs of disruptive forces. Police Agency is one such organisation which can play a pivotal role in nabbing the culprits and curbing the menace of drugs abuse in our state because they have means and expertise to deal with such situations and exigencies. Police Agency should Act unbiased without the political interference and prepare the NDPS cases that no violater should go unpunished and such cases must stand the test of judicial scrutiny.
At Administrative level we ought to have drugs De-Addiction centres with professional counsellors at District level. Rehabilitation programmes For victims with trauma centres are the need of the hour.
Social Aspect: This is one of the most important aspect so for fight against the menace of drugs abuse is concerned. Programmes of social awareness regarding NDPS Act and abuse of drugs need to be conducted through judiciary, NGOs and all stake holders at school and college levels. In every social or religious congregations awareness regarding drugs abuse be communicated to the audience. At social level drugs abuse is one such issue where whole society converges at point to wage war against the menace irrespective of colour, caste, creed and religion.
There are four causes of falling in the death trap of drugs. Frustration, lack of parental care, easy flow of money in some cases and finally the poverty. Let us all join hands and heads together to launch a decisive fight collectively as a society against the enemy who wants to destabilize our region by transporting drugs so that our whole young generation is consumed and ruined. Let us all come together as parents, NGOs, Administration, police, Religious, social political organisations to weed out drug abuse and drug trafficking from our society. Still there is time to awake,lest it is too late. More