NDPS Act - a draconian law! - Narcotic Drugs and Psychotropic Substances (NDPS) Act -

By Rajesh Khongbantabam *

In more recent times, most countries around the world established national drug policies including India which enforced the NDPS act to curb drug related offences.

However, this act has become one of the harshest acts in Indian penal code that its provisions are identical to provisions of terrorist and disruptive activities' (prevention) Act and prevention of terrorism act, in short TADA act, resulting in long periods of imprisonment without trial, evoking strong criticism from the human rights movement.

The restriction imposed on grant of bail under NDPS act amounts to virtual denial and ensure years of incarceration. Under the blanket of drug menace to society, this draconian nature of legislation has passed unnoticed.

A certain section of the Act provides for mandatory death sentences without the alternative of life imprisonment.

In the case of a second conviction, which could be restricted to abetment or attempt to commit an offence?

There is no doubt that with its unduly harsh punishments - death penalty, virtual denial of bail, presumption with regard to intention and knowledge, virtually leading to the burden-of-proof being placed on the accused to establish innocence - the NDPS act should be reviewed from the viewpoint of civil liberties.

Also, this Act places the state in the capacity of a moral guardian vis-a-vis the citizen. Of course, there has had to be an ostensible distinction between decriminalizing drugs and that of legalizing the same and hence the larger jurisprudential question whether the state should criminalize vices and immoral act needs to be debated.

Generally, a person is punished for acts on harm done to others, such as murder or theft.

Statutorily created offences like those under the 'NDPS act' falls under the category of victimless crimes. There is no harm done to anyone by a person being in possession of drugs or an ascetic sadhu holding a chillum of marijuana and there is no victim in these acts.

How does a Law constitute itself or get formulated in a democratic society like ours?

It just does not get made from above, by the ruling class who decide how the masses should be regulated.

Rather, it is the result of a processes that hear the voices of and account for the concerns of those who are most affected by the laws being made.

And my families have had enough of it?