THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985: HISTORICAL PERSPECTIVE, EFFICACY AND CHALLENGES

Abstract

This research paper offers a thorough examination of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), an essential piece of legislation in India designed to address drug trafficking and substance abuse. The paper outlines the historical background that led to the creation of the Act, detailing its primary objectives and key provisions. It then provides a critical assessment of the NDPS Act's effectiveness over the last forty years, analysing its achievements in terms of drug seizures and the disruption of trafficking operations, as well as pointing out its drawbacks, such as low rates of conviction and an unequal impact on casual users. Additionally, the paper investigates the various challenges related to the enforcement of the Act, such as procedural gaps, strain on the criminal justice system, and the ongoing discussion regarding punitive versus rehabilitative measures for drug addiction. The socio-economic effects of the Act, particularly on individuals, families, and the broader community, are also examined. In conclusion, the paper considers suggested amendments and recommendations aimed at reforming the NDPS Act to develop a more equitable, effective, and compassionate approach to drug control in India. It is submitted that although the NDPS Act has served as a critical instrument in India's battle against narcotics, a shift towards a more health-focused and evidence-led strategy is essential to adequately tackle the complexities and evolving aspects of the drug issue.