Navigating India’s Psychotropic Drug Insurance policies: Challenges and Options

India’s dedication on prohibition of intoxicating drinks & medicine is enshrined in Article 47 of the Structure, mandating the State to endeavour “… to result in prohibition of the consumption aside from medicinal functions of intoxicating drinks and of medicine that are injurious to well being”. As regards Union/State management, “medicine and poisons” discover point out in Entry 19 of the Concurrent Checklist (topic to Entry 59 of Checklist-1 with regard to opium), whereas “Cultivation, manufacture, and sale for export, of opium” is roofed by Entry 59 of the Union Checklist, however excise responsibility and countervailing duties on “opium, Indian hemp and different narcotic medicine and narcotics” manufactured/produced is with the States beneath Entry 51 of the State Checklist. To this extent, State Governments and the Union Authorities have joint obligations in prevention and regulation of illicit cultivation, manufacturing, processing, buying and selling and so forth. of Narcotic Medicine & Psychotropic Substances.

After India’s tryst with the erstwhile Opium Acts of 1857 & 1878, the Harmful Medicine Act, 1930 and so forth., India’s present anti narcotic & psychotropic substances authorized regime contains the Narcotic Medicine & Psychotropic Substances Act, 1985 (“NDPS Act, 1985”), Prevention of illicit Visitors in Narcotic Medicine & Psychotropic Substances Act, 1988 and different associated legal guidelines (e.g. Indian Forest Act, 1972), guidelines and coverage frameworks, primarily the Medicine and Cosmetics Guidelines, 1945, Nationwide Coverage on Narcotic Medicine & Psychotropic Substances Guidelines, 2012.

Regardless of a complete authorized regime, India nonetheless continues to be a fertile vacation spot and route for narcotic medicine & psychotropic substances, evident from the next:

A. Whereas the variety of power substance-dependent people in India had been 2.3 million (hashish) and 0.5 million (opiates) in 2004^{, psychotropic drug customers totalled 4 million throughout 2017-2020. The truth is, in 2009, the United Nations highlighted India as one of many main sources (5%) of hashish resin, whereas Central Asia accounted for one more 5%.}

B. Even in 2018, Worldwide Narcotics Management Board (INCB) ^{categorised India as one of many main hubs for illicit drug commerce, with the North-Western and North-Japanese elements of India more and more turning into transit routes.}

C. Opioid consumption in India in 2019 was at 2.06%, whereas the corresponding world determine stood at 0.70% and Asia accounted for 0.46%^{. The variety of folks injecting medicine stood at 100113 in Uttar Pradesh, 34344 in Manipur, 33888 in Nagaland, 55358 in Haryana, 88165 in Punjab, 86909 in Delhi, whereas the all India determine was 854296. Nonetheless, as on December, 2022, the conviction charges beneath the NDPS Act, 1985 had been comparatively low in some states like Assam (7.5%), Manipur (18.5%), Tripura (10.5%), West Bengal (2.9%) and so forth.}

D. There was steady seizure of considerable narcotic medicine and psychotropic substances throughout 2018-2023, largely in border States just like the North Japanese States, Gujarat, Rajasthan and so forth., which solely demonstrated sizable poppy cultivation^.

E. Artificial and semi-synthetic medicine are being manufactured in clandestine laboratories in India and there was a daunting diversion of pharmaceutical preparations containing ephedrine from home distribution channels and extraction of ephedrine therefrom for illicit manufacture of Amphetamine-type Stimulants (“ATS”) for illicit consumption^.

F. There have been varied situations of poppy and narcotic medicine plantations in designated Protected Forests (declared beneath Part 29 of the Indian Forest Act, 1927) and Reserved Forest areas (declared beneath Part 3 of the Indian Forest Act, 1972), evident from credible media experiences.

G. There was an alarming variety of circumstances registered beneath the NDPS Act,

1985, sizable cultivation of poppy in numerous states of India– throughout the timeframe of 2018-2023^.

Within the context of comparative authorized programs and coverage frameworks throughout jurisdictions, a number of the authorized and coverage shortcomings of the Indian authorized system will be listed as beneath:

1. As regards Protected Forests and Reserved Forests, a Authorities or a Authorities company comes beneath “the proprietor or occupier or having the management or use of” throughout the which means of Sections 25 and 46 of the NDPS Act, 1985. Nonetheless, India’s authorized framework lacks readability on accountability of involved Authorities official(s) in case of transgression of any Reserved Forest or Protected Forest for functions of illicit narcotic medicine & psychotropic substances enterprise. Sections 25 and 46 of the NDPS Act, 1985 are reproduced as beneath:

“25. Punishment for permitting premises, and so forth., for use for fee of an offence.— Whoever, being the proprietor or occupier or having the management or use of any home, room, enclosure, house, place, animal or conveyance, knowingly permits it for use for the fee by another particular person of an offence punishable beneath any provision of this Act, shall be punishable with the punishment supplied for that offence.”

“46. Responsibility of land holder to present data of unlawful cultivation.—Each holder of land shall give speedy data to any officer of the Police or of any of the departments talked about in part 42 of all of the opium poppy, hashish plant or coca plant which can be illegally cultivated inside his land and each such holder of land who knowingly neglects to present such data, shall be liable to punishment.”

Although departmental disciplinary proceedings will be taken up towards erring Authorities officers in command of such a transgressed Protected/ Reserved Forest, India’s authorized framework doesn’t permit involved Authorities official(s) of transgressed Protected/ Reserved Forests to be criminally prosecuted, as if such officers had been immediately/not directly indulging in illicit narcotic medicine & psychotropic substances commerce. Such a authorized regime will deal with suspected situations of criminal-Authorities official nexus in banned medicine & substances commerce, particularly in North-East India.

2. The issue is additional compounded by misuse of unclassified forests for illicit narcotic medicine and psychotropic substances enterprise. Unclassified forests will be of two varieties – (i) Unoccupied Forests and (ii) Occupied Forests beneath neighborhood possession as per native customs & traditions in states like Manipur, the place huge tracks of land in distant and nearly inaccessible unclassified forests are beneath regulatory management of Tribal Chiefs, with many such forests used for poppy cultivation. Simply as within the case of Protected/Reserved Forests, India’s authorized framework doesn’t present for felony culpability of a involved Authorities official of a transgressed unoccupied unclassified forest, as if the involved forest official had immediately/not directly indulged in unlawful narcotic medicine and/or psychotropic substance enterprise.

3. As regards occupied unclassified forests beneath tribal or native chiefs in states like Manipur (the place rampant poppy cultivation has been reported), India’s present authorized framework leaves a severe gray space qua the definition of individuals “being the proprietor or occupier or having the management or use of” beneath Part 26 of the NDPS Act, 1985 and definition of “holder of land” throughout the which means of Part 46. By the use of illustration, land possession in occupied unclassified forest areas of Manipur (aside from Reserved & Protected Forests) will not be ruled by the Manipur Land Income & Land Reforms Act, 1961 and such forests are community- owned beneath totally different Tribal Chiefs, domestically often called Khullakpas or Khul-Ningthous. Though the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act, 1967 permits the State to remove land regulatory rights of Tribal Chiefs, the identical has not been carried out until date. Consequently, most unclassified forests of Manipur are immediately or not directly regulated by the totally different Tribal Chiefs, the place huge poppy plantation has been reported^{. The problem is that in case of discovery of any poppy plantation in such an occupied unclassified forest space, involved Tribal Chiefs are most frequently both untraceable or are in denial of management or occupation (direct or oblique), compounded by legislation enforcement businesses’ unfamiliarity with the hilly and distant terrains.}

Manipur apart, land in rural areas in North-East India normally and tribal areas particularly are ‘largely owned by the neighborhood and the incidence of landlessness is negligible‘. Given such a place, holding a village headman accountable for functions of the NDPS Act, 1985 is feasible solely when there’s a authorized/judicial clarification on “holder of land” or “proprietor or occupier or having the management or use of any home, room, enclosure, house, place, animal or conveyance” (in any other case undefined within the NDPS Act, 1985).

4. Unlawful poppy plantation often occurs in remotest of areas ^{and this might maybe be a problem for legislation enforcement businesses. The identical is true not solely in North-Japanese states but additionally in a mainland Indian state like Jharkhand. On this regard, a complete coverage framework must be issued by the Central Authorities in addition to State Governments to successfully monitor poppy cultivation in distant areas and prolong the advantages of “Various Livelihood Applications” beneath India’s Nationwide Coverage on Narcotic Medicine and psychotropic Substances, 2012 to the poppy plantation dependent areas throughout the board.}

5. “Various Improvement Applications” beneath India’s Nationwide Coverage on Narcotic Medicine and psychotropic Substances, 2012 are restricted to solely historically illicit narcotic medicine cultivating communities and the identical don’t permit the Authorities to increase advantages thereof to all illicit narcotic planters throughout the board. On this connection, related a part of India’s “Nationwide Coverage on Narcotic Medicine and psychotropic Substances”, 2012 is reproduced beneath:

“29. Various improvement is a technique of weaning away farmers who’ve been historically cultivating opium poppy illegally and their livelihood relies upon solely on such cultivation. In such locations, mere enforcement and crop destruction won’t work. Farmers needs to be skilled and helped to develop various technique of livelihood. In some nations of the Golden Triangle resembling Laos and Thailand, various improvement programmes have been extremely profitable. Nonetheless, various improvement programmes require massive infusion of funds as all the sustenance of the native inhabitants is determined by it. Secondly, it includes altering the approach to life of the native inhabitants and therefore takes a reasonably very long time. Various improvement programmes to have impact and would require steady funding for over such a protracted interval.

The 2 key pre-requisites to justify an alternate improvement programme are (i) the farmers have to be depending on the illicit cultivation for his or her survival; and (ii) it should have been their conventional follow and the farmers have no idea another means of survival. If these two elements will not be thought-about, various improvement programmes will be counter-productive with the federal government rewarding areas the place farmers began unlawful earnings. This, in flip, will be incentive to different areas and communities and their leaders to begin unlawful cultivation in order to get the standing of ‘standing of unlawful cultivation area’ in order to get extra funds to their area”. (Emphasis Added)

Having laid the above coverage framework, the Coverage, inter-alia, makes the next suggestions:

“31.(b). If there are pockets the place unlawful cultivation has been a protracted custom and the survival of the native inhabitants relies upon solely on it, such areas can be recognized via mutual consultations between the Central Authorities (Division of Income), the NCB and anxious State Governments after a cautious research.

(c). As soon as the areas have been recognized in a State as in (b) above, no new areas can be added to the checklist as new areas can not out of the blue grow to be conventional unlawful cultivating areas.

(d). Various improvement programmes could also be taken up within the areas recognized as in (b) above after due consideration and as soon as the programme is commenced in an space, will probably be continued until the native inhabitants is totally weaned away from unlawful cultivation.

(e). Any various improvement programme can be coordinated by the NCB.”

Even India’s “Revised tips for extension of the Scheme Help to States and UTs for Narcotics Management for one more three (03) years from 2017-18 to 2019-20 for availing help for strengthening their enforcement capabilities in combating illicit trafficking in Narcotic Medicine and Psychotropic Substance” require States & Union Territories to implement “Various Improvement Programmes”; related a part of which is reproduced beneath:

“9. Help may also be supplied for particular undertaking falling throughout the mandate of NCB. The particular tasks could be these referring to non-enforcement actions. An instance could be various improvement programmes in states, which have perennial downside of illicit cultivation. NCB would supply help for cultivation of agricultural merchandise like money crop, fruit crops and as such related ventures which shall encourage cultivators to shift from illicit cultivation to different actions. Such proposals shall be mooted by the State Governments. As a Nationwide Nodal Company, NCB shall encourage and help such programmes/actions which shall assist in provide discount.”

The above coverage frameworks on “Various Improvement Programme”, nevertheless, have two main points:

a. The present “Various Improvement Programmes” are restrictive and advantages thereof might not be obtainable to all poppy cultivators, particularly in distant areas of the nation. There are antecedents of poppy cultivation having been considerably curtailed via introduction of different crops even in remotest of areas, particularly in South Asia. As a substitute of a restrictive coverage, the Authorities ought to contemplate going past “pockets the place unlawful cultivation has been a protracted custom”.

b. Even throughout the restricted coverage framework on “Various Improvement Programmes”, nothing a lot has been seemingly carried out by the Authorities of India and State Governments. It’s excessive time for the Authorities to transcend the restricted “Various Improvement Programme” as conceptualized by the Central Authorities, by even offering incentives for seizure of medicine, compelled eradication drives, engagement with civil society our bodies and neighborhood members via applicable authorized and coverage adjustments and emulate situations of profitable discount of opium cultivation by nations like Thailand, Afghanistan, Laos and so forth.

6. India must go for stricter provisions for arresting the ever-increasing menace of Artificial and semi- Artificial medicine, which has assumed diabolic types of way of life and get together medicine, seriousness of which is duly acknowledged in India’s Nationwide Coverage on Narcotic Medicine and Psychotropic Substances, 2012:

“42. Artificial and semi-synthetic medicine are illicitly manufactured in clandestine laboratories (generally often called clan labs) the world over and India isn’t any exception. Nonetheless, the kind of clans and varieties of medicine that they manufacture fluctuate from place to put. Historically, clandestine laboratories in India are of two varieties – small, makes-shift manufacturing services which course of opium into heroin and huge industrial scale services which manufacture methaqualone.”

“45. Diversion of licit prescribed drugs containing narcotic medicine and psychotropic substances for abuse has been a big downside in India. Preparations containing medicine resembling codeine, buprenorphine, diazepam and alprazolam are generally abused”.

“47…… As precursors are tough to supply, illicit drug producers often receive them by diverting from licit manufacturing and commerce of precursors. International locations with massive chemical and pharmaceutical industries like India are pure targets for traffickers of precursors.” (Emphasis Added)

India’s coverage framework must be re-calibrated, inter alia, by going for a stricter felony liabilities for pharmaceutical firms in case of diversion of preparations containing ephedrine from home distribution channels and extraction of ephedrine there-from for ATS.

7. India’s authorized system is falling in need of the development of expertise for unlawful trafficking of narcotic medicine and narcotic substances. For instance, there’s a large enhance in use of darkish internet and cryptocurrency resembling bitcoin by drug peddlers and consumers. Even drones have grow to be instruments not just for warfare or espionage or surveys, but additionally for cargo of medicine throughout borders. Such a problem has been duly acknowledged by the Hon’ble Excessive Courtroom of Punjab & Haryana in CRM-M-20005 of 2025 (Robert Masih Vs. State of Punjab) in its Order of September 22, 2025, whereby it has been noticed that there “is regular enhance in cross border smuggling of illicit medicine via drones today”.

8. India’s narcotic medicine coverage wants streamlining of knowledge administration system on related strains of narcotic medicine & psychotropic substances enterprise like variety of Managed Supply operations with nations bordering India’s border states, particulars of implementation of Various Improvement Programmes, diversion of narcotic and psychotropic artificial and semi-synthetic substances from their licit sources with particular motion taken experiences, abuse of Narcotic Medicine and Psychotropic Substances in academic establishments, meals joints, prisons and so forth.

The living proof is that although Amphetamine-type stimulants (ATS) had been reported to be broadly consumed in India, there was no official knowledge on customers of such unlawful substances^{. Furthermore, although the Narcotics Management Bureau (NCB), Ministry of Dwelling Affairs, has reportedly recognized high 100 drug traffickers/kingpins and has initiated authorized motion, neither data on the identities of the highest 100 drug traffickers/kingpins in India nor any element of any concrete authorized motion is on the market in public area.}

For sure, as soon as all of the related info & figures are in place, it might be potential to provide you with mitigation measure for addressing the shortcomings of nationwide schemes just like the Nationwide Motion Plan for Drug Demand Discount (NAPDDR), Nasha-Mukh Bharat Abhiyaan and provide you with new schemes for tackling difficult trendy technique of unlawful trafficking of Narcotic Medicine & Psychotropic Substances via drones, darkish webs and so forth..

9. Given the severity of the problem, India ought to go for a harsher punishment regime. It’s a matter of incontrovertible fact that India’s punishment regime for such offences will not be as harsh as these in nations like Singapore, Malaysia, China, Iran, Indonesia and so forth. In contrast to many nations which give for dying penalties even for first- time offenders, Part 31A of the NDPS Act, 1985 supplies for dying penalty as an elective punishment for repeat offenders and that too solely when such repeat offenders have been caught with scheduled narcotic medicine and psychotropic substances above specified portions. India definitely wants a rethink on its penal provisions, if its warfare on medicine is to be taken severely.

Creator is Senior Advocate, Supreme Courtroom of India

Views Are Private

References: