Amid the ongoing Aryan Khan drug case, a ministry is batting for decriminalization if drugs are found in small quantity from a person’s possession. The Social Justice Ministry is responsible for the rights and welfare of the disabled, elderly, drug abuse victims, and people belonging in marginalized sections of Indian society.

According to reports, the Ministry has shared new suggestions where prison is avoided for some drug users and addicts. The Ministry suggests that people who are found with small quantity of drugs in their possession should be sent to rehabilitation and not prison.

The move comes after the Revenue Department asked Indian ministries for amendments to the current NDPS Act with their reasoning and rationale.

Background

The war against drugs is looked by most people as something that is black and white. However, like most matters pertaining to laws, the war against drugs is an extremely complex matter with multiple factors and variables.

India is a country filled with people having myriad of opinions on what may be right or wrong. With such opinionated masses, it becomes all the more important to keep one’s biases aside, and treat humans in a more humane way.

Developed countries like USA, UK, Sweden, Norway, etc have specific laws where the authority gives a person that consumes drugs a chance to rehabilitate. The same is not true in India, where any kind of possession or consumption of drugs, is illegal and further attracts a prison sentence.

Recently, the Ministry of Social Justice has come up with suggestions for amendments in the NDPS act.


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The Facts of the Matter

Amid regular news of drug raids and the ongoing case of Aryan Khan which has left us all introspecting about drug abuse, the Social Justice ministry has come up with a new suggestion.

The Ministry of Social Justice is seeking to “decriminalize” those people who have been nabbed for having small quantities of drugs for the consumption. The ministry claims that such people ought to be rehabilitated, then straight away be sent to prison.


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Those Caught Must be Treated As Victims

Reportedly, the ministry has suggested certain changes in the NDPS (Narcotic Drugs and Psychotropic Substances) Act which was framed in 1985. The ministry suggests that those who are caught with possession of drugs, ought to be treated as drug victims, and should be sent to de-addiction centers for rehabilitation.

For the unversed, any kind of consumption or possession of drugs in India is a criminal offence. However, the current NDPS Act gives addicts an immunity from being prosecuted if they seek treatment and rehabilitation.


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No Distinction Between First Time User, Recreation User or Addict

Interestingly, the NDPS Act does not differentiate between a first-time user, an addict, or recreational drug user. Since the act does not differentiate between these categories of drug user, it offers no relief or exemption to those who are nabbed in different circumstances.

The Section 27 of NDPS Act specifically directs an imprisonment of up to one year or fine worth Rs. 20,000 for consuming any drug or psychotropic substance. However, the Section does not provide distinction if the drug was consumed for the first time by a person, is consumed recreationally, or is consumed by an addict on a regular basis.

Ministry Suggests Counselling of 30 Days Instead of Prison

In this regard, the ministry has suggested that the prison term be decriminalized and be swapped with treatment at a mandated Centre-run rehab and counselling center for a minimum of 30 days.

It should be noted that the NDPS Act’s Section 27 was invoked in several cases, the recent being the arrest of 23-year-old Aryan Khan.