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CHAPTER I
NATURE AND MEANING OF DRUG ABUSE

Drug abuse affects most countries in the world, both rich and poor.

The problem now crosses national, ethnic, religious and gender lines. Addicts

range from the homeless, to white-collar professionals, college students to rural

farmers, street children to suburban teenagers1

Meaning of drug abuse

The drugs that are beneficial to humanity may also be the same drugs that

are detrimental to mankind. It is of no argument that drugs are created to cure

diseases and to alleviate human illness of human body; however people may

misuse over these drugs and it is called drug abuse. Abuse of all drugs has adverse

effects on physical, psychological and social conditions of the user. Under

nutrition, loss of appetite, bronchitis and generalized debility which may lead to a

host of other problems are the physical complications. Psychological effects

include anxiety, depression, insomnia, paranoia, deterioration of personality and

other severe mental illness. Abstinence from the work place, accidents, criminal

involvement, prostitution etc are social ill-effects of substance abuse.2

Kinds of drug abuse

Drugs can be categorised as Depressants, Stimulants, Hallucinogens and

Narcotics. Depressants includes alcohol, tranquilizers, calmpose, valium etc.

Stimulants are, cocaine and amphetamines. The third category, i.e. Hallucinogens,

1 UN Report on drug abuse, 2012, p.1 , https://www.unodc.org/documents


2 ibid
2

are LSD, ganja etc. Narcotics drugs include, opium and its derivatives such as

heroin, brown sugar, Tidigesic, morphine, pethedine, fortwin etc. In Kerala,

alcohol, ganja, brown sugar and tranquilizers are greater in abuse3.

Effects of drug abuse

Drug abuse has become a social problem because it has afflicted the

family, the economy and the community. And abuse of all drugs has adverse

effects on physical, psychological and social conditions of the user. Under

nutrition, loss of appetite, bronchitis and generalized debility which may lead to a

host of other problems are the physical complications. Psychological effects

include anxiety, depression, insomnia, paranoia, deterioration of personality and

other severe mental illness. Abstinence from the work place, accidents, criminal

involvement, prostitution etc are social ill-effects of substance abuse.4 Drug abuse

is a complex phenomenon, which has various social, cultural, biological,

geographical, historical and economic aspects. The disintegration of the old joint

family system, absence of parental love and care in modern families where both

parents are working, decline of old religious and moral values etc lead to a rise in

the number of drug addicts who take drugs to escape hard realities of life. Drug

use, misuse or abuse is also primarily due to the nature of the drug abused, the

personality of the individual and the addict's immediate environment. The

processes of industrialization, urbanization and migration have led to loosening of

the traditional methods of social control rendering an individual vulnerable to the

stresses and strains of modern life.

3 Kerala calling , magazine, February 2004


4 ibid
3

Causes of drug abuse

There are many reasons for a person turning to drugs, which include social

causes such as influence of peer group, for pleasure, rebelliousness to family and

society etc, Economic causes such as poverty, unemployment etc,changing life

style of people and acts of drug pushers to help drug vendors. The fast changing

social milieu, is mainly contributing to the proliferation of drug abuse, both of

traditional and of new psychoactive substances.

The introduction of synthetic drugs and intravenous drug has led spreading

of HIV/AIDS this has added a new dimension to the problem, especially in the

Northeast states of the country. Drug abuse has led to a detrimental impact on the

society. It has led to increase in the crime rate. Addicts resort to crime to pay for

their drugs. Drugs remove inhibition and impair judgment egging one on to

commit offences. Incidence of eve - teasing, group clashes, assault and impulsive

murders increase with drug abuse. Apart from affecting the financial stability,

addiction increases conflicts and causes untold emotional pain for every member

of the family. With most drug users being in the productive age group of 18-35

years, the loss in terms of human potential is incalculable. The damage to the

physical, psychological, moral and intellectual growth of the youth is very high.

Adolescent drug abuse is one of the major areas of concern in adolescent and

young people's behaviour. Over the last three years, there has been an increase in

cases of drug abuse among children in the 10-16 years age group in the city. As
4

per the data of city-based drug de-addiction hospitals, hardly any case of drug

abuse among children was reported five years back.5

A recent review article on 'substance abuse in children and adolescent in

India' by Dr Manu Agarwal of King George's Medical University (KGMU) stated

that not only in the city, the trend is being observed across the country. Substance

abuse is fast becoming a public health problem among the children and

adolescents of India revealed the study. Today drug abuse among students and

adolescents is growing in India faster than any other time before. And it has been

seriously affecting the growing Indian economy as well as the cultural richness of

Indian society for the past two decades. According to a recent survey, it is shown

that, an estimated 7.5 crore Indians are drug addicts and the number is going up

significantly, spreading to semi-urban and backward areas. The current prevalence

rates within the age group of 12-18 years was Alcohol (21.4 per cent), Cannabis

(three), Opiates (0.7) and any illicit drug (3.6 per cent)6. And it is reported that a

high concentration of drug addiction in certain social segments and high-risk

groups, such as, commercial sex workers, transportation workers and street

children.7

Let us analyse how drug abuse has affected the social economic and

cultural aspects of India as well as Kerala.

5 Times of India, June 26,2013


6 National Survey on Extent, Pattern and Trends of Drug abuse in India conducted by the Centre in collaboration with United Nations
Office on Drugs and Crime, 2012, https:// www.unodc.org/documents
7 http://ibnlive.in.com/news, 2012 may 13
5

CHAPTER II

DRUG ABUSE IN INDIA

Drug abuse is a social evil. It destroys not only vitals of the society but also

adversely affects the economic growth of the country. Drug abuse is a global

phenomenon. In India, the use of opium and cannabis has been in existence since

long ago. In the last three decades, however new drugs like heroin, amphetamine

type stimulants (ATS), cocaine and pharmaceutical compounds have made their

entry and are being used especially in metropolitan cities. Currently, India is not

merely a country for the transit of such drugs from the ‘Golden Triangle’ or

‘Golden Crescent’; it has also become a country of consumption.8

The population of India has reached over 1 billion people and is rising. The

country is growing at an incredible pace. Its culture, social values, demographics

and economy is rapidly changing, and these stresses are having an impact on the

people. Some evidence suggests that there is an increasing use of illicit drugs and

reported numbers point to over 3 million drug addicts in India. However, the

World Health Organization does note that there is significant difficulty in

estimating drug usage and addiction rates in the country due to poor bureaucratic

processes and census reporting.9 Drug abuse among children and adolescents is

one of the major challenges that India has been facing even before the foreign

invasion. The Indian culture successfully handled mind-altering substances

without the worry of excessive use. The natural psychotropic plants in India,

8 National Drug Demand Reduction Policy, Ministry of social justice and empowerment, March, 2013,
https://socialjustice.nic.in/pdf/NDDRP-march2013
9
http://alcoholrehab.com/drug-addiction/drug-addiction-in-india
6

namely cannabis, poppy, khat and datura, were kept under control for thousands

of years. Cannabis was used by being blown from a hubble-bubble pipe as madak

and brewed with teas as bonda chai.10

In fact, opium use prospered even with invasions from Alexander and the

Mughals. It was only after the British invasion that it was monopolised. The

British used to buy at least 15 million pounds of tea from China and has nothing

to sell in return. To balance the deficit, it aggressively sold opium to China. While

controlling cannabis was difficult for the fact that it can be grown anywhere in

India, the British systematically controlled the cultivation, consumption,

production and sale of opium in India.

Over the years, drug addiction is becoming an area of concern as

traditional moorings, effective social taboos, emphasis on self-restraint and

pervasive control and discipline of the joint family and community are eroding.

The processes of industrialization, urbanization and migration have led to

loosening of the traditional methods of social control rendering an individual

vulnerable to the stresses and strains of modern life. The fast changing social

milieu, among other factors, is mainly contributing to the proliferation of drug

abuse, both of traditional and of new psychoactive substances. The introduction of

synthetic drugs and intravenous drug use leading to HIV/AIDS has added a new

dimension to the problem, especially in the Northeast states of the country.11

Detecting this threat of spreading drug abuse among Indian citizens the

government of India have framed several policies and laws.


10
Y K shabarwal, National seminar organized by Delhi High court,https:// delhihighcourt.nic.in
11
http://socialjustice.nic.in
7

Demand reduction strategy - a welfare approach

The issues relating to drugs are tackled by the Government of India

through its two-pronged strategy viz. supply reduction and demand reduction.

Whereas the supply reduction is under the purview of the enforcement agencies

with the Department of Revenue as the nodal agency, the demand reduction

strategy is under the domain of social sector and the Ministry of Social Justice &

Empowerment in Government of India is responsible for implementation of

demand reduction strategy in the country.

Over the years it was realized that the drug abuse is not only a problem

arising out of the availability of such intoxicating drinks and drugs but it has a

great deal to do with the social conditions which create the demand for or the need

for consumption of such substances. The vulnerability of the modern society plays

a catalytic role in promoting the consumption and abuse of narcotic and

psychotropic drugs.

The findings of studies/reports indicate to the relationship of drug abuse

with the socio-economic conditions or the social dynamics of the population.

Therefore, the approach is to recognize drug abuse as a psycho-socio medical

problem, which can be best, handled through community based interventions.

Keeping the aforesaid approach in view, the Govt. of India has a three-

pronged strategy for demand reduction consisting of:

 Building awareness and educating people about ill effects of drug abuse

Building awareness and educating people about ill effects of drug abuse.
8

 Dealing with the addicts through programme of motivational counselling,

treatment, follow-up and social-reintegration of recovered addicts.

 To impart drug abuse prevention/rehabilitation training to volunteers with a

view to build up an educated cadre of service providers.

The objective of the entire strategy is to empower the society and the

community to deal with the problem of drug abuse.12

Treatment and Rehabilitation of Addicts - Government - NGO Collaboration

The Ministry of Social Justice & Empowerment, as the focal point for drug

demand reduction programmes in the country, has been implementing the

Scheme for Prohibition and Drug Abuse Prevention since the year 1985-86. As

implementation of programmes for de addiction and rehabilitation of drug

addicts require sustained and committed/involved effort with a great degree of

flexibility and innovation, a State-community (voluntary) partnership appears

to be particularly strong mechanism for service delivery. Accordingly, under

the Scheme, while major portion of the cost of services is borne by the

Government, the voluntary organisations provide actual services through the

Counselling and Awareness Centres such as de-addiction cum Rehabilitation

Centres, De-addiction Camps and through awareness Programmes.

The basic objective of the scheme is to create facilities for treatment, at

Centres run through voluntary organisations, is to ensure that the support of

the family and the community is mobilized to the maximum. These Centres

adopt a wide variety of approaches, systems and methodologies for treatment


12
https:// www.ncbi.nlm.nih.gov
9

and rehabilitation of the addicts suitable and adaptable to the social customs,

traditions and culture. However this do not in any way undermine adoption of

scientific, modern and established systems of treatment.13

Awareness and Preventive Education

The Counselling and Awareness Centers are engaged in a wide range of

awareness generation programme in varied community settings including

village panchayats, schools etc. Besides these Centers, the Ministry has been

actively utilizing the various media channels, print as well as audio-visual for

educating the people on the ill effects of drug abuse and also disseminating

information on the service delivery.14

International Cooperation - An Enrichment Process

The Ministry of Social Justice & Empowerment, in collaboration with the

International Labour Organization and UNODC, implemented a project on

"Developing Community Drug Rehabilitation and Workplace Prevention

Programmes", to sensitise and train the voluntary organisations and workplace

settings on prevention of alcoholism and substance abuse in workplace. It is

viewed that the work environment of an individual is the most important area

of preventive intervention for a potential addict as he still enjoys economic

security. The loss of a job further aggravates the addictive behaviour. This

aspect was not getting its due importance under the on-going programme. With

13 Pratima Murthy, N. Manjunatha, “Substance use and addiction research in India”


14 P Murthy, Substance use and addiction research in India, 2010, https:// www.ncbi.nlm.nih.gov
10

the sincere efforts made under the project, a number of corporate institutions

have also volunteered their involvement in the project.15

While all round efforts are being made for prevention and containment of

drug abuse in our society, a long journey is yet to be covered before India can

draw some satisfaction. Even though these policies and schemes are there in

the country there is no following up for the implementation of them, the

increasing drug usage in the country is evident for this. The problem having

transnational causes and implications shall require Herculean efforts on the part

of all the Government. The empowerment of society through sensitisation and

awareness is the only solution to support the efforts of enforcement agencies in

containing the proliferation of drug trafficking and drug abuse. In addition to

these policies several anti-drug laws as well as constitutional provisions are

there in the country to tackle this menace.

15 ibid
11

CHAPTER III

LAWS PREVENTING DRUG ABUSE IN INDIA

Drug abuse is a serious social problem. The drug abuse is growing and an

ever increasing number of youth is becoming addicted. The smuggling of narcotic

drugs and psychotropic substances into India, and illegal trafficking in such drugs

and substances lave led to drug addiction among a sizeable section of the public,

particularly the adolescents has assumed serous and alarming proportions in the

recent years. Drug addiction threatens to kill the whole generation. No individual,

family or community is safe where illicit drugs take control. Drugs may control

the body and mind of individual consumers, the drug crop and drug cartels may

control farmers, illicit trafficking and crime may control communities. Drugs

destroy lives and communities, undermine sustainable human development and

generate crime. Drugs affect all sectors of society; in particular, the young people.

CONSTITUTIONAL MANDATES

India's approach towards Narcotic Drugs and Psychotropic Substances is

enshrined in Article 4716 of the Constitution of India. Which mandates the

government to prohibit the use and consumption of intoxicating drinks and drugs

which are injurious to health. The right to health has been perhaps the least

difficult area for the court in terms of justifiability, but not in terms of

enforceability. Article 47 of Directive principles of state policy provides for the

duty of the state to improve public health. This Article is based on Gandhian

16 The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public
health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
12

principles. However, the court has always recognized the right to health as being

an integral part of the right to life guaranteed by Article 21 of Indian

constitution.in the case State of Punjab v Mohinder Singh, the Supreme Court

held that Right to health is a fundamental right guaranteed under Article 2117.

Article 25318 of the Constitution empowers the Parliament to legislate for

the purpose of discharging obligations under international conventions and

foreign treaties. Accordingly, the Narcotics Drugs and Psychotropic Substances

Act, 1985 was enacted in November, 1985, to give effect to the provisions of the

existing UN Conventions. It contains stringent provisions for the control and

regulation of narcotic drugs and psychotropic substances, and provides an

essential framework and appropriate provisions for administrative action.

ANTI-DRUG LAWS

The statutory control over narcotic drugs in India is exercised through a

number of Central and State enactments. The Opium Act of 1857, Opium Act of

1878 and the Dangerous Drugs Act of 1930 were enacted a long time ago.

However with the increase in drug abuse and illicit drug traffic certain

deficiencies in the existing laws surfaced which made it necessary for the

Parliament to enact a comprehensive legislation to combat this challenge. For e.g.

the Dangerous Drugs Act, 1930 provides for a maximum term of imprisonment of

3 years with or without fine and 4 years with or without fine for repeat offences.

As a result of experience gained on account of India’s participation in various

17 AIR 1997 SC 1225


18 Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement
or convention with any other country or countries or any decision made at any international conference, association or other body.
13

international conventions that are single convention on Narcotic drugs,1961,

Convention on psychotropic substance 1971, Convention on illicit traffic in

Narcotic Drugs and Psychotropic substance 1988 and realizing India’s obligation

under Article 25319 of the Universal Declaration of Human Rights 1948 and

Article 12 of the International Covenant on Economic, Social and Cultural Rights

196620 , which are reflect the concern of the international community for the

protection of the individual's right to the enjoyment of the highest attainable

standards of physical and mental health and the gravity of the problem and the

need to enact laws in tune with times, the Narcotic Drugs and Psychotropic

Substances Act of 1985 was passed by Indian Parliament as a comprehensive

legislation on narcotics, providing for stringent and long term prison sentences

and heavy fines for offenders. Offender under this Act includes the cultivator,

supplier, and seller as well as the drug consumer21.The amended Drugs and

Cosmetics Act 2008 and Rules also provide for deterrent punishment and

stringent control over manufacture, sale, and distribution of psychotropic

substances. The amended Act provides that any drug deemed to be adulterated or

spurious when used by any person for or in the diagnosis, treatment, mitigation, or

prevention of any disease or disorder is likely to cause his death or is likely to

cause such harm on his body as would amount to grievous shall be punishable

with imprisonment for a term which shall not be less than ten years but which

may extend to imprisonment for life and shall also be liable to fine which shall not

19 Everyone has the right to a standard of living adequate for the health and Well-being of himself and of his family.
20 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
Highest attainable standard of physical and mental health.
21 Y.K Shabharwal, Narcotic Drugs and Psychotropic substances, National Seminar organised by Delhi High Court in collaboration
with Government of Delhi. http://www.supremecourtofindia.nic.in/speeches
14

be less than ten lakh rupees or three times value of the drugs confiscated,

whichever is more. The fines realized in such cases will be paid to the relative of

the deceased or the aggrieved person22. Despite these harsh punishments, the

crime is on rise23.

AN OVERVIEW OF NARCOTIC DRUGS AND PSYCHOTROPIC


SUBSTANCES ACT

The NDPS Act, 1985 is one of the harshest laws in the country. It prohibits

cultivation, production, possession, sale, purchase, trade, use and consumption of

narcotic drugs and psychotropic substances except for medical and scientific

purposes under license.

The NDPS Act 1985 sets out the statutory framework for drug law

enforcement in India. The main elements of the control regime mandated by the

Act are.

 The Act prohibits the cultivation, production, manufacture,

possession, sale , purchase, transportation, ware housing,

consumption , interstate movement, transshipment and import and

export of narcotic drugs and psychotropic substances except for

medical or scientific purposes and in accordance with the terms and

conditions of any license, permit or authorization given by the

government.24

22 Section 12, Drugs and cosmetic (amended) Act 2008

24 Section 8 of the Act


15

 The central government is empowered to regulate the cultivation,

production, manufacture, import, export, sale, consumption, use etc.

of narcotic drugs and psychotropic substances.25

 State governments are empowered to permit and regulate possession

and interstate movement of opium, poppy straw, the manufacture of

medical of medicinal opium and the cultivation of cannabis

excluding hashish26

 The central government is empowered to declare any substances,

based on an assessment of its likely use in the manufacture of

narcotic drugs and psychotropic substances as a controlled

substance.27

Given India’s size and the federal nature of polity, a number of agencies

both at the center and the states have been empowered to enforce the provisions of

the Act. These agencies include the department of customs and central excise, the

Directorate of Revenue Intelligence, the Central Bureau of Narcotics and the

central Bureau of Investigation and the central level and state police and Excise

departments at the state level. The Union Ministries of social Justice and

Empowerment and Health are responsible for the demand, reduction aspects of

drug law enforcement which broadly covers health- care and the de-addiction,

rehabilitation and social re-integration of addicts.28

25 Section 9 of the Act


26 Section 10 of the Act
27 Section 9 A of the Act
28 Malik, Commentaries on Narcotic Drugs and Psychotropic Substances Act, 1985. Law publishers (India) pvt. Ltd, 2012, p.5
16

Chapter IV (15 to 40) of the Act deals with prohibition of offences and

penalties related to cultivation, production, transportation, selling, and purchasing

of poppy straw29, coca plant30 , coca leaves31, prepared opium32, opium poppy33 ,

opium34, cannabis plant35 and cannabis36. All these offences are triable by special

courts and the punishments prescribed range from imprisonment from 10 to 20

years for first offences, to 15 to 30 years for any subsequent offences together

with monetary fines. In addition to persons directly involved in trafficking

narcotic drugs and psychotropic substances, any person who finances trafficking

or harbors a person in trafficking or abets, or is a party to a criminal conspiracy.

Including a criminal conspiracy to commit an offence outside India, is also liable

to the same scale of punishments.

The most important mandate of this Act is that it provides punishment for

the consumption of any kind of narcotic drugs and psychotropic substances. 37The

earlier provisions of this Section made possession of small quantity of any

narcotic drug or psychotropic substance, which is proved to have been intended

for personal consumption and not for sale and distribution or consumes any

narcotic drug or psychotropic substance punishable under the Act.

29. Section 2 (xviii) of the Act defines"poppy straw" as all parts (except the seeds) of the opium poppy after harvesting whether in their
original form or cut, crushed or powdered and whether or not juice has been extracted therefrom.
30 Section 2(vi)(a) the Act defines "Coca plant" as the plant of any species of the genus Erythroxylon.
31 Section 2(vi)(a) defines “coca leaf means” as the leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any other
ecgonine alkaloids have been removed
32 Section 2(xi)(b) defines “prepared opium” as any product of opium by any series of operations designed to transform opium into an
extract suitable for smoking and the dross or other residue remaining after opium is
smoked
33 section 2 (xvii)of the Act defines "opium poppy" as the plant of the species Papaver somniferous L.; and
the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can
be extracted and which the Central Government may, by notification in the Official Gazette,
declare to be opium poppy for the purposes of the Act
34 section 2 (xv) of the Act defines “opium" as the coagulated juice of the opium poppy, S.2,(xv)
35 Section 2 (iv) of the Act defines “cannabis plant" as any plant of the genus cannabis.
36 Section 2 2 (iii) defines Cannabis(hemp) as charas that is the separated resin, obtained from cannabis plant and ganja, that is, the
flowering or fruiting tops of the cannabis plant.
37 Section 27 of the Act.
17

But the new provision clearly stipulates that whoever consumes any

narcotic drug or psychotropic substance shall be punishable. Thus, the provision

of small quantity for personal consumption has been completely deleted and

substituted by provision of mere consumption. Punishment varies accordingly to

consumption. In the case Alpesh kumar v.State of Rajasthan38, the accused was

caught for illegally possessing two cigarettes containing 500 ml.gm of heroin, the

accuse argued that it was for his personal consumption but interpreting section

2739 r/w S.8 of the Act the supreme court held that the accused was guilty.

Prior to 2001, in cases pertaining to drug users, the Supreme Court, took

into account the actual drug content in calculating quantity and not the entire

quantity seized40. After the 2001 notification, the penalties were determined by

the quantity of drugs involved, but the NDPS Act did not provide any guidance of

ascertaining the quantity of narcotic drugs or psychotropic substances. In 2008,

the Supreme Court in E. Michael Raj v Intelligence Officer41, Narcotic Control

Bureau held that “in the mixture of a narcotic drug or a psychotropic substance

with one or more neutral substance/s, the quantity of the neutral substances is not

to be taken into consideration while determining the small quantity or commercial

quantity of a narcotic drug or psychotropic substance. It is only the actual content

by weight of the narcotic drug which is relevant for the purposes of determining

whether it would constitute small quantity or commercial quantity.”

38 AIR 2004 SC 952


39 Section 27 states that Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,- (a) where the narcotic
drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic
substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous
imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and
(b) Where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with
imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
40 Hussain v State of Kerala (2000)8 SCC 139; Ouseph v State of Kerala [2001, Supreme Court; reported in (2004) 4 SCC 446]
41 (2008) 5 SCC 161
18

By the amendment in 1989 Section 31A was inserted in the NDPS Act

which imposes mandatory death penalty for certain repeat crimes involving a

large quantity of drugs. The death sentence is mandatory in that there is no

punishment laid down in Section 31A other than death. In June 2010, An NGO

the Lawyers Collective challenged this provision in Indian Harm Reduction

Network v Union of India42 on grounds of infringing fundamental rights under

Articles 21 (protection of life and liberty) and 14 (equal protection of law) of the

Constitution of India. It also questioned the appropriateness of a death sentence

for drug trafficking, which does not involve killing or taking of human life and is

merely an economic offence.

Section 64A of the NDPS Act provides immunity from prosecution to

addicts43volunteering for treatment, if they are charged with consumption or

offences involving small quantity. This provision is in keeping with International

Drug Conventions that encourage alternatives to penal sanctions where the

offence is of a minor nature or where the offender is dependent on drugs

her/himself.44

The Act has been amended twice; in 1989 and 2001. The first amendments

in 1989 leaned towards greater stringency by introducing mandatory minimum

sentences of 10 years, restrictions on bail and mandatory capital punishment for

repeat offenders. Following the amendments, persons caught with small amounts

of drugs faced long prison sentences, without the possibility of release on bail.

42 AIR 2013 SC 562


43 Section 2 (i) defines ‘addict’ as ‘a person who has dependence on any narcotic drug or psychotropic Substance’.
44 Article 36 (1) (b), Single Convention on Narcotic Drugs, 1961, as amended by the Protocol Amending the Single Convention on
Narcotic Drugs, 1972, https://www.unodc.org/pdf/convention_1961
19

Courts criticized the harsh and disproportionate sentencing structure, which led to

a fresh set of reforms in 2001 to rationalize punishment on the basis of whether

the quantity of drugs involved is “small” “commercial” or “intermediate” and

provide some leniency towards drug offenders who also use drugs.45

Though the NDPS Act provides for stringent provisions for curbing drug

abuse and illicit trafficking of narcotic drugs and psychotropic substances, the Act

has certain defects, for example Patients with severe pain in India are not able to

get opioid medicines for pain relief because the state NDPS Rules make it

difficult for hospitals to store and dispense opioids. Hospitals have to obtain

licenses for stocking, import, export, transport etc, each license requiring

concurrence from different departments (Excise, Drugs Control, Health

administration). These licenses need to be valid at the same time, though often the

validity period of a license is as short as a month. By the time the institution gets a

second license, often the first would have expired validity. On the other hand,

though the NDPS Act allows medical use of narcotic drugs and psychotropic

substances, stringent regulations and onerous licensing procedures together with

controls under the Drugs and Cosmetics Act, 1940 have impeded access to opiates

for millions of patients.

In order to rectify these disabilities of the Act, recently on February 2014

the loksabha has passed the NDPS (amendment) Bill. The amendments make

important, path breaking changes for medical access to narcotic drugs by

removing barriers that date back to 1985, when the Act was first introduced. The

45 The Narcotic Drugs and Psychotropic Substances act Ignoring Health; Infringing Rights, http://www.lawyerscollective.org
20

amendments also include provisions to improve treatment and care for people

dependent on drugs, moving away from abstinence oriented services to treating

drug dependence46 as a chronic, yet manageable condition.47 This will now change

as Parliament has adopted a new category of “essential narcotic drugs” in section

2(viiia) of the Act – a list, which the Central Government can notify on the basis

of expediency in medical practice. Drugs identified as essential will be subject to

Government Rules, which will apply uniformly throughout the country, bringing

to an end the unwieldy and inept practice of obtaining multiple State licenses for

possession, transport, purchase, sale, distribution, use and consumption. And the

amendments broaden the object of the NDPS Act from containing illicit use to

also promoting the medical and scientific use of narcotic drugs and psychotropic

substances

It is true that the efficacious provisions of the Act are worth for curtailing

the illicit trafficking of narcotic drugs and drug abuse but when we consider the

changing life style of people and growing demand for narcotic drugs for medicinal

purposes these provisions are inadequate and needs to be amended. And more

than adopting a punitive approach to the drug users the anti- drug laws should

adopt means to rehabilitate them and make them useful citizens to the country.

46 Drug dependence is the body's physical need, or addiction, to a specific agent. There is therefore virtually no difference between
dependency and addiction. Over the long term, this dependence results in physical harm, behavior problems, and association with
people who also abuse drugs, https://www.google.co.in
47 http://www.lawyerscollective.org/updates/parliament-passes-ndps-amendment-bill-2014
21

CHAPTER IV

SITUATION IN THE STATE OF KERALA

“Drug abuse is a global problem. How to prevent it is also a global issue...

Only by working together can we create a healthier and safer world that is not

plagued by drug-related crime and violence and where the vulnerable feel they

can have hope for the future”48.

For hundreds of years, we have known that Kerala, the land’s end of India

which has produced the greatest Philosopher ever known Sankaracharya made

sense as a great state. It is true that among the other Indian states Kerala has a

uniqueness in its culture and life style of people. Our tourism department says it is

“gods own country”, yes to a certain extend it is true in the sense that most of the

time she was free from drought, floods, riots and other calamities even though

other states were being affected by these calamities. In literacy rate the state is

first49, sex ratio is highest among all other states50 and in human development

index Kerala ranks first with a rate of 0.62551 which is much higher than the

national average. But in recent years the situation is changing. As per the report of

national crime records bureau in 2013, Kerala is the state where largest number of

crimes against women is registered. And now Kerala is negatively famous for its

huge alcohol consumption in every year. Moreover the case of alcohol

consumption, in recent years there has been a tendency to use narcotic drugs and

psychotropic substances, particularly among children and adolescence. Children

48 Global action for healthy communities, without drugs. https://www.unodc.org/.../global-action-for-healthy-community


49 As per 2011 census literacy rate is 91.91%,http://censusindia.gov.in
50 As per 2011 census sex ratio is 1084 females for 1000 males. http://censusindia.gov.in
51 As per the HDI report 2011, http://www.undp.org/content/undp
22

and youths are the back bone of a society and they are the engineers of making

future, anything which affects their mental ability and thinking capacity will also

affect the social and economic development of a society. Many studies have

reported that children smoke their first cigarette while attending primary school,

though generally smoking is most likely to begin during adolescence.

People abuse substances such as drugs, alcohol, and tobacco for varied and

complicated reasons, but it is clear that our society pays a significant cost. The toll

for this abuse can be seen in our hospitals and emergency departments through

direct damage to health by substance abuse and its link to physical trauma. Jails

and prisons tally daily the strong connection between crime and drug dependence

and abuse. Although use of some drugs such as cocaine52 has declined, use of

other drugs such as heroin53 and "club drugs54" has increased.55

Studies conducted by the by the Thiruvananthapuram-based Alcohol &

Drug Information Centre (ADIC) India shows that there is an alarming increase in

drug abuse among youngsters. This also leads to increase in criminality and other

vices. The age group of people accused of various crimes show that most of them

are in their twenties.56

52 Cocaine is an addictive drug derived from coca or prepared synthetically, used as an illegal stimulant and sometimes medicinally as a
local anaesthetic.
53 Heroin is a highly addictive analgesic drug derived from morphine, often used illicitly as a narcotic producing euphoria.
54 Club drugs are a pharmacologically heterogeneous group of psychoactive drugs that tend to be abused by teens and young adults at
bars, nightclubs, concerts, and parties.
55
http://www.haindavakeralam.com
56 Urban youth on an alcoholic high, The Hindu newspaper, march, 5, 2013
23

DRUG ABUSE AMONG CHILDREN AND ADOLESCENCE IN

KERALA

Kerala is a developing state in India, it ranks highest in

health care, highest in standard of living, and it has better law and order and

infrastructure facilities etc. But recent studies and investigations conducted by

various organizations and TV channels shows that a sizable portion of the children

and adolescent population in the state are entangled in the use of illicit drugs and

psychotropic substances. It is reported that drug mafias and rackets are

functioning in the state focusing their illegal business on schools and colleges.

The changing life style of people and in capability of bearing stress are found to

be the main reasons of children and youth being addicted to illicit drugs and other

psychotropic substances.

Kerala has a total adolescent (Between the age group of 10-19)

population of 16.3% and youth (Between the age group of 15-24) population of

15.8% and child (Between the age group of 10-14) population of 8.4%57. Compare

to other developing states in the country the child and young population in the

state is much lower. So the available potion children and youth is precious and

they are the driving force of future development and it is the duty of the state to

protect them from all social evils.

Newspaper reports that appear now and then give a clear message that

Kerala is now slowly becoming a hub for drug smugglers. The number of

57 As per census report, 2011, http://censusindia.gov.in


24

alcoholics and drug addicts in Kerala have been increasing and the number of

deaths due to alcohol abuse has increased tenfold within the last 3 years.

A silver lining in the dark clouds is that the 2011-12 period witnessed a

5% drop in the sales of the Kerala State Beverages Corporation, which means that

Keralites are gulping down less liquor now.

FACTORS RESPONSIBLE FOR INCREASING DRUG AND

SUBSTANCE ABUSE IN KERALA

A common acronym in addiction circles is H-A-L-T, meaning Hungry,

Angry, Lonely, and Tired. These are emotions leading to vulnerability and

subsequent substance abuse58.

Alcohol and drug abuse has emerged as a serious concern in Kerala. The

geographical location of the state further makes it highly vulnerable to the

problem of drug abuse. In earlier days the huge amount of alcohol consumption

was the social evil for which the state could not implement any effective

measures, but now a days the gravity of the situation has aggravated by the

increasing use of narcotic drugs and other psychotropic substances. There are

several factors which provides impetus to the current situation in the state.

It is very difficult to explain the apparent increase in alcohol abuse and

drug addiction in Kerala. Like elsewhere Kerala has also witnessed the

disintegration of the old joint family system, absence of parental care & affection

in modern families, decline of old religious and moral values, the fast changing

58 Thombs, D. (2006). Introduction to Addictive Behaviors. New York: Guilford Press, p.126
25

social milieu and the increasing personal strain and stress resulting from

industrialization, urbanization and migration. Other than these, there are certain

Kerala-specific issues as well.

PSYCHOLOGICAL FACTORS

Psychological factors are the important factors that influence most of the

children and adolescent persons to use illicit drugs. The psychological aspects

such as stress, anxiety, depression can lead to persons to use narcotic drugs and

other psychotropic substances.

Most of the students in Kerala are feeling stress from their home and

education centers. Drastic growth in the education field has caused the parents to

lay more stress on the students to study; it has caused anxiety and depression on

the children. Anxiety signals a threat but it can overwhelm the ego. When anxiety

is overwhelming, a person relies on defense mechanisms such as denial,

avoidance, rationalization, regression, projection, etc.59 In order to get out of this

anxiety and depression students are resorting to the prescription drugs which has

high side effects to brain and body. Parental neglect of children is another

psychological factor, in this present world most of the parents do not get adequate

time to look after their children and most of the time they are hesitating to

interfere in the personal matters of their children, this makes them a feeling that

they are neglected, the growing number of divorce in the state supports this

argument. Among college students, it is found that, love failure is another cause

51 Ibid
26

for drug abuse; the depressed students took to the use of substances and drugs.

Some people use drugs for ecstasy and to get sexual vigorousness.

All the people who use drugs for the first time feel that they can overcome

their problems by using drugs, but in reality over time the changes in the brain

caused by repeated drug abuse can affect a person's self-control and ability to

make sound decisions, and at the same time create an intense impulse to take

drugs.

SOCIAL FACTORS

When someone takes drugs, he is generally looking for a benefit or are

ward. The motivators behind the initial drug use can lead to addiction. There are

several social factors that increase the chances of developing a drug addiction.

Social factors includes the institutions that influences the behavior of individuals.

The negative influence of these social institutions adversely affects the mind of

youngsters and students and entangle them in the trap of drug addiction. These are

include, peer groups, family, community religion etc.

Some of these factors have grave relevancy in the rapid increase in the

incidence of drug abuse. The social factors includes.

PEER PRESSURE

Particularly in teens, peer pressure can have an effect on drug use. Studies

prove that most of the students starts using drugs under the influence of their

friends. If anyone in a peer group is addicted to narcotic drugs he will try to

spread the habit among other persons too. Peer influences have been found to be
27

among the strongest predictors of drug use during adolescence. It has been argued

that peers initiate youth into drugs, provide drugs, model drug-using behaviors,

and shape attitudes about drugs.60Membership of a social group that supports drug

or alcohol use encourages people to keep on using these substances.

FAMILY

Most of the parents in Kerala are not aware of the fact that their children

are addicted to drugs.61This is often caused by the parental negligence of children

and non-interference of parents in the matters of their sons and daughters. Studies

revealed that in a good number of cases, the families of drug- users were not

‘normal’ and family relationship were not ‘affectionate’. In testing the

relationship between drug usage and ‘staying away from parents’, it was found

that residence with parents was as important in the incidence of drug usage as

residence in hostel. In other words family background is significant in drug usage.

The nature of family control, the discipline imposed by parents over the

children, the parent’s interest in their friends. Leisure activities and their future

career prospects and parents remain conscious of their obligations towards their

children were found to be important factors which determine the children’s

inclination to step into the world of drugs.62

60 http://alcoholrehab.com/drug-addiction/peer-pressure
61 Asianet news report titled ‘clean campus safe campus.
62 Social problems in India, Ram Ahuja, Rawat publications – New Delhi, 3rd edition,2014, p.375
28

EASY AVAILABILITY OF DRUGS

One of the important factors that helps the growth of drug usage among

children and adolescence is the easy access to the drugs and substances. As far as

the state of Kerala is concerned, the news reports63 and police investigations have

proven that many drug mafias and rackets have been functioning in the state

focusing their attention on youth and adolescents who are addicted to drugs. And

they are campaigning among the students influence them by praising the faulty

merits of these kinds of drugs. It is reported that these rackets uses the persons

who are highly addicted to drugs (locally called ‘jungies’) to influence the other

persons.

It has also been reported that alcohol and drug mafia and drug cartels are

cultivating high potent marijuana on thousands of hectares of forest land in

Idukki&Waynad. Similarly trafficking psychotropic substances in large quantities

from Mysore and other parts of Karnataka, aiming the students and youths in

Kozhikode and nearby districts has also become rampant. As per the police

records, an average of 5-6 drug peddling cases are being registered in a month in

Kozhikode. In February 2013 alone a total number of 6813 Spasmo Proxyvon64

on and Nitrazepam65 tablets were recovered from drug peddlers.66

The city police commissioner of Trissur district P.Vijayan has says that

“Alcohol and substance abuse have become common in schools, among both boys

and girls. A well-developed drug network functions around schools to hook


63 The Hindu June, 4, 2014.
64 spasmo proxyvon is a pain killer which is used to generally for stomach pain treating functional bowel disorders ootherway ,it has
very much side effects first of all it is so much addictive.
65 Nitrazepam (Nite-raz-ep-am) is a medicine which is used in difficulty sleeping. It is a hypnotic drug.
66 News report on ‘The Hindu’ February 12, 2014
29

impressionable adolescents. There is an ever increasing need to be vigilant against

these anti-social elements67”

ECONOMIC FACTORS

The studies reports that increasing unemployment leads to the increase of

the incidents of drug abuse among the youth. The tremendous stress, rejection,

fear and frequent bouts of depression that often result from being unemployed are

high risk factors for the development of a substance abuse problem. Many people

who are struggling with the negative effects of unemployment turn to alcohol or

drugs to mitigate the discomfort and sense of helplessness they feel. This is a

serious mistake, and it can destroy your entire life. There are incidence that these

unemployed persons got trapped in the gang of drug mafias and rackets and do the

illegal job as drug dealers.

With the liberalisation of the economy in 1990’s leading to the

marginalization of large scale sectors, pushed some people to adopt the use and

sale of drugs as a coping mechanism. The secular drug use in times of poverty

pushed the way for the spread of heroin in the market. Research suggests that

there is a strong association between poverty, social exclusion and problematic

drug use. Those who are unemployed, particularly long term unemployed, in poor

or insecure housing and are early school leavers have a higher rate of substance

abuse than those who do not fit into these categories. It should be noted, however,

that these risk factors do not determine whether a person abuses drugs or

67 News report on ‘The Hindu’, August 30,2014


30

alcohol68. In Kerala, the studies says that drug abuse is high among poor

‘adivasis’. Owing to their destitution and ignorance as to the fact of the

consequence of drug usage they can easily be influenced by the drug dealers. In

the initial stages they were provided with drugs on cheap cost and gradually, when

they become addicted to drugs they will start demanding more money for further

delivery of drugs, this would aggregate the poverty among them. And most of the

awareness campaigns conducted by the government do no reach them.

CHANGING LIFE STYLEOF PEOPLE

Because of the rich wildlife diversity and scenic beauty, the hills of

Kerala have in the past four decades attracted domestic and foreign tourists from

various countries as the tourism sector in Kerala develops the social evils behind

its screen also increases. The recent trends shows that prostitution and drug abuse

are increasing in the state with development of tourism industry. Many of the

drugs such as Heroin and Hashish are coming through the hands of tourists and

consequently these are distributed among the people.

The changing life patterns of people also influences the drug usage in the

state. There are several incidents of drug dealings and drug abuses have been

taking place in different corners of Kerala behind the scene of night party in house

boats and hotels. “It is shocking that drug parlors are functioning in the state and

drug party and drug evenings are being conducted. An international mafia is

tightening its grip in the state providing narcotic candies, ice cream and pills to

woo children”(said home minister Ramesh Chennithala, while inaugurating


68 http://alcoholrehabilationkerala.com/drug-addiction/poverty-and-substance-abuse
31

International day against drug abuse) .Like liquor people have started consuming

psychotropic substances to entertain themselves. The recent seizure hashish

heroine and other highly seductive psychotropic substances from the house boats

and hotels where night parties are being conducted, supports this view.

Another factor is that, youths who have taken international celebrity

icons as their role models consume drugs for showing their loyalty and respect to

him. Recently Kerala police have arrested several teenagers for possessing

ganja69. At the time of arrest the police have seized some bags and jacket from

them having the picture of Bob Marley on it. And cell phones they were carrying

have the pop songs of Bob Marley. The police have said that the drug rackets are

using Bob Marley as a mascot for selling drugs.70

GEOGRAPHICAL FACTORS

Kerala’s coastal area has always been a vulnerable point. Thrissur district

which has the longest coastline among the districts from Veliyankode in Ponnani

Taluk in the north to Kodungalloor in the south, had registered a large no. of cases

relating to smuggling and trafficking. In fact it has been identified as a transit

point for contraband and drugs. The district’s hilly hinterland bordering the

Western Ghats are vulnerable areas as far as drugs are concerned.

The Central Board of Excise & Custom’s failure to operationalise Customs

Preventive Commissionerate in Kerala had earlier rendered the state’s600-

kilometer coastline vulnerable to smuggling and drug trafficking activities.

69 Ganja is the local name used for calling cannabis


70 Times of India, February 19, 2014
32

Enforcement agencies have sounded an alert on drug cartels using Kochi as a

transit point for smuggling heroin to Sri Lanka. It is suspected that truck carriers

from West Bengal, Madhya Pradesh &Bihar arrive in the city with heroin

consignments which are in turn smuggled to Sri Lanka with the help of agents71.

EVIL EFFECTS OF DRUG ABUSEIN KERALA

Drug abuse have far reaching effects on society. It will negatively affects

social, cultural and economic development of a society. As far as the state of

Kerala is concerned, the reports and studies shows that the family structure and

moral conduct of the society have badly affected by the drug consumption.

SOCIAL EFFECTS

Drugs corrode the basic structure of a whole society, by affecting a cultured

human society in all aspects including destabilizing families, reducing human

productivity, corrupting trustworthy governments and honest police, and

demoralizing law respecting citizens. In Kerala most of the families of drug

addicts does not know even the fact that their children are addicted to drugs.

According to the National Institute on Drug Abuse (NIDA), 50 to 80 percent of

child abuse and neglect cases involve substance abuse by the children's parents.

Prostitution is another social evil that have aggravated in the state due to the

increase in drug abuse. Another effect is that, with the closing down of bars

the demand for illicit drugs has increased in the state. The studies says that the

state has been witnessing a spurt in the use of drugs, mainly ampoules of

71 Based on a report published in the magazine ‘Kerala calling’, July 2012.


33

restricted drugs, in the wake of the liquor curbs as well as tight enforcement

against drunken driving. It is feared that the situation may aggravate further with

the closure of bars and reduction in liquor supply. According to police and excise

sources, drug abuse has increased after the closure of 418 bars in April. They are

easy to consume, give prolonged kick and the police cannot easily detect them.

Till this May, the excise and police registered 939 cases under the Narcotic Drugs

and Psychotropic Substances Act (592 by police and 347 by excise). Of this, over

500 cases were initiated during April-May and the majority pertained to restricted

drugs. Enforcement officials admit that this is only the tip of the iceberg as it is

very difficult to crack the well-established racket with the present infrastructure of

the enforcement agencies72.

Another evil effect of drug abuse is the increase in the number of HIV positive

patients. Injecting drug users (IDUs)73often share needles and syringes. One HIV

positive addict in the group spreads the infection to the rest through such

exchange of needles and syringes.

INCREASE IN CRIME RATE

Increase in crime rate is another effect of drug abuse in Kerala. Particularly

most of the sexual offences happening Kerala is the result of the use of narcotic

drugs and psychotropic substances. According to the crime records Kerala

possesses first rank in registered crimes in 2012.74The innumerable reports of

crimes against children and crimes committed by children highlighted the

72 Deccan chronicle, ‘with bars shut drug abuse goes up in Kerala’(news) ,august 30, 2014
73 IDU’s are addicts who inject instead of smoking, snorting or orally consuming drugs
74 National crime record bureau report 2013.
34

seriousness of the situation. The crime records shows that most of the accused

persons indulged in sexual offenses have consumed one or other kind of narcotic

drugs or substances before committing the crime.

ECONOMIC EFFECTS

Drug abuse is a social evil. It destroys not only vitals of the society but also

adversely affects the economic growth of the state because this is a trade which

generates large un-accounted money which, in turn, leads to adoption of several

means of money laundering. The money generated is used for various purposes

including anti-national and terrorist activities and even clandestine trading in arms

and ammunition. Drug trafficking activities have sharply increased over the years

and unscrupulous persons dealing in drugs have flourished despite hard

punishments provided under the law because they have been able to evade the

process of law. News reports shows that even in medical stores in Kerala, the

medicinal drug sellers provides highly seductive narcotic drugs without the

prescription of authorised medical practitioners. The drug mafias and rackets who

illegally trafficking and selling expensive narcotic drugs makes huge amount of

profit without even paying the tax. It is believed that the migrant workforce from

North India play an important role in smuggling medicines to Bangladesh. An

investigation by the Central Zone Drugs Control Department revealed that daily-

wage workers who come to Kerala are going back home with bundles of
35

analgesics such as codeine phosphate and dextropropoxyphene75. These medicines

are later smuggled to Bangladesh.

From the above information it is clear that the reflection of

drug problems are oblivious in the Kerala society. And the state government has

vital role to play in this context by identifying these causative aspects which drive

people to abuse drugs and substances and frame suitable measures to tackle the

problem effectively.

75 Dextropropoxyphene belongs to a group of medicines called opioids. Opioids mimic the effects of naturally occurring pain reducing
chemicals (endorphins). They combine with the opioid receptors in the brain and block the transmission of pain signals.
36

CHAPTER IV

REMEDIAL MEASURES AND AWARENESS PROGRAMMES

TAKEN BY THE GOVERNMENT

We have discussed the various causes and effects of drug abuse in Kerala.

And we have seen that the children and adolescents are the most affected by drug

abuse. They use drugs for many reasons - peer pressure, academic failure,

ignorance of the consequences, curiosity and fun, easy availability of the drugs,

stress, lack of communication with parents, low self-esteem, free money,

depression- the list is endless.

In the state, the state police and the state excise officers are involved in

drug law enforcement as well as in identification and destruction of illicit opium

and cannabis crops. The Social Welfare Department of the state is responsible for

drug demand reduction activities at the state level whereas the treatment of addicts

through state government hospitals is taken up by the Health Department. State

government ensures that all treatment centers meet the respective minimal

standards and that treatment programmes are complemented by rehabilitation and

social re-integration programmes. Similarly it is the joint responsibility of Central

Government and state drug controllers to take steps to implement international

standards in the prescription requirement for pharmaceutical preparations

containing narcotic drugs and psychotropic substance. The Narcotics Control

Bureau at the national level co-ordinates with the state government. In Kerala also
37

the police, excise officers and the Forest Department, along with the departments

of Health and Social Welfare, wage the war against drug related crimes.

AWARENESS PROGRAMMES OF EXCISE DEPARTMENT.

The Excise Department has come out with a number of programmes,

campaigning against drug abuse and alcoholism. Such as Posters containing

messages of drug abuse and anti-alcoholism flex boards, banners, leaflets etc., are

being exhibited and circulated. Seminars and public meeting are being conducted

with the active co-operation of political workers, social workers and other Local

Self Government Departments in the selected places / centers. With the active co-

operation of the Educational Institutions, seminars, slide shows, essay

competition, drawing competition etc are being conducted and experts such as

psychologists, doctors, social workers, are taking awareness classes for the

students of High Schools and Colleges. Project reports are being received from

Health Department for commencing de-addiction centers in Kollam,

Pathanamthitta, Idukki, Malappuram, Wayanad, Kannur, Kasaragod and Palakkad

district Hospitals with the support of Excise Department.

AWARENESS PROGRAMMES OF EDUCATION DEPARTMENT

The Department of Education has seriously taken up the cause of drug

abuse through the forum, “Vidyalaya Jagratha Samithi”, which is into its fifth year

of existence now. As a part of its ‘Sneholsavam’ programme for the year2012-13,

it has ventured out to spread the message against the abuse of drugs among

students and encourage them to consistently adhere to the path of righteousness.


38

Everything is viewed as collective responsibility of all sections of people in the

society.

“CLEAN CAMPUS SAFE CAMPUS”

The government of Kerala has launched several awareness programmes to

curb and control the aggravating problem of drug abuse among children and

adolescents.

As the use of narcotic products such as marijuana and ganja is found high

among students, Government of Kerala recently-launched a new programme

named ‘Clean Campus Safe Campus’. The project is intended to make the

campuses free from drug abuse and will be a countervailing force. This is a joint

movement initiated by Home, health and Education departments. The project,

launched by Chief Minister Oommen Chandy on July this year, aims at total

eradication of substance abuse among students. The programme includes various

awareness programmes through media, including videos. The drive will seek

support from Students Police Cadets, NCC, Scouts and Guides, school PTAs and

local bodies. The Home Department and the police will take strong steps to

crackdown on those who propagate banned tobacco and narcotic products76.

The implicit purpose of this campaign is to nurture a healthy, happy and

productive future citizens of the State. The prime purpose is to carve out a healthy

society through children and students. The campaign seeks to achieve this

objective through the tried and tested method of intervention through education

71 Kerala calling, magazine, July 2014, p.14


39

institutions. The purpose of this campaign is not only mere prevention in the use

of narcotic substance but also make the campus free of all addictive substances.

Implementation of legal provisions to protect children from narcotic substances,

creating awareness and raising learning atmosphere are some of the enshrined

goals of this campaign.

IMPLEMENTATION AND MONITORING

The government has decided to constitute a three-tier monitoring

committee to implement the ‘Clean Campus, Safe Campus’ project. The structure

will consist of school, district and state-level monitoring committees. The head of

the institution will serve as the chairperson of the school-level committee, while

the district collector will chair the district-level committee. The state-level

committee will be chaired by the Additional Chief Secretary of the Home

Department.

OBJECTIVES OF THE CAMPAIGN

 To ensure better and effective enforcement of the NDPS Act, COTPA Act

200377, Motor Vehicle Act 1988, Act, ABKARI Act 200378, Kerala police Act

2011, Juvenile Justice Act 2010 Protection of Children from Sexual Offences

Act (POSCO) Act 2012 etc. in and around the premises of the educational

institution with active participation of all stake holders.

 To create an invisible firewall around our children protecting from the

nefarious activities of antisocial elements.

72 The cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply
and distribution) Act, 2003
78 The abkari (amendment) act, 2010
40

 To prevent and control socially deviant behavior, including criminal offences

and substances use including tobacco, alcohol, and other harmful substance

among children and students.

 To provide students a caring, safe and nurturing environment in school.

 To early detect socially deviant behavior among students and to take

corrective measures.

 To motivate and enable parents, teachers and society to seriously take their

responsibility towards children.

 To ensure better coordination and participation of various government

department like police , social welfare and education, various non-government

organizations and academic institutions in the above activities.

 To protect children from physical and sexual abuse effectively check and

restrict availability of Objectives of the campaign pornographic material to

children and student.

ROLE OF MEDIA

Media has substantial role in reaching and persuading people to adopt new

healthier life style. Medias including visual media, Newspapers, social networking

sites, Radio and broadcasting etc have the duty to shape public opinion for a

common cause. This duty of the media can be used for making aware of the

people of social evil in which they are addicted to. Considering the case of drug

abuse in Kerala media have played tremendous role in bringing about the problem

of increasing incidents of drug addiction in to the notice of government and alert

the public about the seriousness of the problem. Both TV channels and
41

newspapers have conducted campaigns among people through their reports.

Campaigns in socio networking sites have helped to make awareness among

youth.

ROLE OF NGO’S

Non-Governmental Organizations (NGOs) are institutions, recognized by

governments as non-profit or welfare oriented, which play a key role as advocates,

service providers, activists and researchers on a range of issues pertaining to

human and social development. NGOs have played a critical role in promoting

and facilitating health and educational activities in India as well as Kerala. The

programmes and activities of mental health Non – governmental organisations

helps the government in rehabilitating the victims and offenders of drug abuse and

make him a normal man useful to the society. The activities and programmes of

mental health NGO’s includes treatment care rehabilitation, community-based

activities, research and training, advocacy and empowerment etc79. MHNGOs

have made tremendous strides in mental health promotion and care, against

massive odds ranging from low awareness about mental illness to lack of

motivation donors. The mental health NGO’s like Social Education & Welfare

Association (SEWA), The Punarjani in Thrissur, Arpan in Trivandrum etc are

playing tremendous role in organizing mental care activities in different areas of

the state.

79 R. Thara, Vikram Patel, Role of non-governmental organizations in mental health in India, https:// www.indianjpsychiatry.org
42

From the above study it is apparent that the government have started

looking in to the problem of increasing drug abuse in Kerala seriously by taking

effective measures such as conducting wide campaigns in schools and colleges,

and arresting offenders in connection with selling of drugs. In addition to the

measures taken by the government, the media and a number of NGO’s have also

been participated in making the public aware of the far reaching ill effects of drug

abuse and illicit trafficking of narcotic drugs in the state. Even though the

campaigns and activities started by the government and the media have been

implemented successfully, in order to get the good fruits of these newly launched

programmes, it has to be followed up in the subsequent years.

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