Union Ministry Seeks Decriminalizing Small Quantities Of Drugs In Possession

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Union Ministry Seeks Decriminalizing 'Small Quantities' Of Drugs In Possession

The Union Ministry of Social Justice and Empowerment has sought a more humane approach, avoiding prison for addicts, and suggests that they be treated as victims.

The Union Ministry of Social Justice and Empowerment has suggested reviewing the Narcotic Drugs and Psychotropic Substances (NDPS) to adopt a more humane approach towards drug users and addicts and recommend avoiding prison. The recommendation was sent a few days ago, and the ministry had sought to decriminalize possession of small quantities of drugs for personal consumption. The Union Ministry had suggested an amendment to treat those dependent on drugs as victims and should be referred to a rehabilitation or de-addiction centre and sent straight to jail.

Department Of Revenue Had Sought For Recommendations

The Department of Revenue is the nodal administrative authority for the NDPS Act. It had asked several ministries and departments, including the Ministry of Home Affairs, Health Ministry, Social Justice and Empowerment Ministry, the Narcotics Control Bureau and CBI, to recommend changes to the law along with their reason for those changes. Consumption of drugs or their possession is a crime under Indian Law. The Indian Express reported that the NDPS Act only adopts the informative approach towards addicts under the current scenario.

No Definite Distinction Between Addicts and Recreational Users

The NDPS Act protects addicts from prosecution and imprisonment if found guilty, only if they volunteer for treatment or rehabilitation. Under Section 27 of the NDPS Act, the law provides imprisonment up to a year, or a fine of ₹27,000, or both, for consuming any narcotic drug or psychotropic substances. However, the law does not provide immunity to first-time users or those who use drugs for recreational purposes. Moreover, the law makes no definitive distinction between addicts, first-time users or recreational users.

The Ministry of Social Justice and Empowerment sought the unclear clause as one reason to propose replacing the prison term and the fine amount with compulsory treatment in government-run rehabilitation and counselling centres of a minimum of 30 days.

Also Read: Karnataka Implements Anti-Razing Law To Prevent Demolition Of Religious Structures

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