Laws to Address Substance Abuse notes

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University Grants Commission

Ability Enhancement Compulsory Course

Contributed by

Nidhi Jacob

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3.3 Laws to Address Substance Abuse

3.3.0 Objective
3.3.1 Introduction
3.3.2 Convention held relating to substance use
3.3.2.1 Single Convention on Narcotic Drugs, 1961 Amended in 1972
3.3.2.2 The Convention on Psychotropic Substances of 1971
3.3.2.3 United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988
3.3.2.4 The Framework Convention on Tobacco Control (FCTC)
3.3.3. Indian Laws relating to Substance Use
3.3.4 Salient Features of social legislation to NDPS Act, 1985
3.3.5 Salient Features of Social legislation on COTPA, 2003
3. 3.5.1 National Tobacco Control Program (NTCP)
3.3.6 Mechanism and Government Scheme
3. 3.6.1 Nasha Mukt Bharat Abhiyan
3.3.6.2 Rehabilitation Centres and their roles for De-addiction
3.3.7 Let Us Sum Up
3.3.8 Key words
3.3.9 Check Your Learning
3.3.10 Suggested Reading

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3.3.0 Objective
After reading the unit you will be able to
 Know about features of NDPS Act, 1995 and COTPA Act, 2003 in details
 Become aware of various Govt. schemes for preparation, de-addiction and
rehabilitation
 Help your friends to take professional help for becoming free from drugs and alcohol
abuse
 Sensitize your immediate friend circle and community on issues of drug , tobacco and
alcohol
3.3.1 Introduction
Substance use has long been recognized as a social malady. Since then, efforts have
been made by the international community to prevent its use. The attempt to control drug use
dates back to the period of the Second World War. As early as the mid-1920s attempts in this
direction started at the international level. The International Opium Convention and the
International Convention pertaining to Dangerous Drugs (1925), set standard limits on
addictive drugs like cocaine and opium and its derivatives. These Conventions were
organized by the League of Nations prior to World War II. However, the lists of compounds
were set down in the treaties' text. In order to keep up with advancements in chemistry, it
became a requirement to periodically alter or replace the conventions by enacting new
treaties. The United States Commissioner of Narcotics 1954 realized that state-by-state
ratification of such proclamation may take many decades.
3.3.2 Convention held relating to substance use
3.3.2.1 Single Convention on Narcotic Drugs, 1961 Amended in 1972
By the decision 689 J (XXVI) of 28 July 1958, the Economic and Social Council of
the United Nations agreed to convene a convention in line with Article 62, paragraph 4, of the
United Nations Charter and with the terms of the General Assembly resolution 366 (IV) of 3
to put a check on the use of narcotic drugs. In line with this decision, a meeting was held in
December 1949 to adopt a single agreement on narcotics to replace the existing multilateral
field treaties with a single instrument. This instrument was intended to control narcotics and
to establish guidelines for the management of the production of raw materials for illicit drugs.
This became the first all-embracing exhaustive proclamation relating to the control of
substance use. There are three important conventions relating to drugs at the international
level. They are:
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 Single Convention on Narcotic Drugs,1961 Amended in 1972.
 The Convention on Psychotropic Substances of 1971.
 United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988.
The United Nations Conference for the Adoption of a Single Convention on Narcotic Drugs
met at United Nations Headquarters from 24 January to 25 March 1961 with seventy-three
nations represented in the Conference including India. The provisions laid down by this
Convention underwent an amendment in 1972.
3.3.2.2 The Convention on Psychotropic Substances of 1971
The second major convention is named as “The Convention on Psychotropic
Substances of 1971”. It is a United Nations treaty designed to control psychoactive
drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics.
This treaty was signed in Vienna, Austria on 21 February 1971. This treaty was signed by 34
original signatories to bring into the ambit of control many of the newly discovered
psychotropics which were not covered by the Single Convention on Narcotic Drugs of 1961.
It came into force on 16 August 1976.

The Convention on Psychotropic Substances of 1971

 This Convention laid stress on the health and welfare of mankind.
 If a Party or the World Health Organization has information relating to a
substance not yet under international control which in its opinion may require the
addition of that substance to any of the Schedules of this Convention, it shall notify
the Secretary-General and furnish him with the information in support of that
notification.
 Prohibit all use of Psychotropic Substances, except for scientific and very limited
medical purposes by duly authorized persons, in medical or scientific
establishments which are directly under the control of their governments or
specifically approved by them.
 The parties that need to manufacture, trade, and distribute such substances for
medical use or for any other purposes need to get licenses under strict supervision
and conditions.
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3.3.2.3 United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988
The landmark convention against drug trafficking was passed in 1988. It is popularly
known as the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988. This was the first international proclamation that took into
consideration the ethical degradation that a society experiences due to substance abuse. The
Convention was adopted by the United Nations Conference for the Adoption of a Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, held in Vienna from 25
November to 20 December 1988. The 1988 Convention was introduced following the socio-
political developments in the 1970s and 1980s. The opening of the national borders with the
process of deterritorialization following the call for globalization resulted in the free trade of
illicit drugs and there was a drastic increase in the demand for cannabis, cocaine, and heroin.
The countries' youth population became the drug marketers' easy targets. There started an
internationalization of the drug trade giving birth to the world’s multi-billionaires on the one
hand and drug-related morbidity and mortality on the other. The parties to this convention
expressed their concern on the magnitude of and rising trend in the illicit production of,
demand for, and traffic in narcotic drugs and psychotropic substances, which pose a serious
threat to the health and welfare of human beings and adversely affect the economic, cultural
and political foundations of society.
3.3.2.4 The Framework Convention on Tobacco Control (FCTC)
It is the first international agreement pertaining to public health in the modern era signed
on 21 May 2003. It entered into force on 27 February 2005. It is also the first convention to
be negotiated under the World Health Organization's supervision (WHO). More than 180
WHO member states have ratified the convention, which was originally signed by 168 of the
192 WHO members. The FCTC outlines specific steps for governments in order to address
tobacco use and provides an internationally coordinated response to the tobacco epidemic.
These steps include:
 Adopting tax and price measures to reduce tobacco consumption
 Banning tobacco advertising, promotion, and sponsorship
 Establishing smoke-free workplaces and public areas
 Prominently labeling tobacco products with health warnings
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 Preventing the sale of tobacco goods illegally
3.3.3 Indian Laws relating to Substance Use
In India, as we have discussed substance abuse is on rise among the youth.
Particularly college students and school children are becoming vulnerable to substance use
today. Drug abuse has emerged as a serious concern, adversely affecting the physical and
socio-economic well-being of the future working population of the country. The epidemic of
drug abuse in younger generation has assumed alarming dimensions in India. Studies
establish that the share of the young population, basically the college students, is mounting
day by day. Addiction to alcohol/drugs affects the young masses involved, ruins their
families, and proves detrimental to society. From becoming productive human resources,
they become parasitic human resources for society.

India is a signatory to all the international Conventions on Substance use. It has signed the
Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol, the
Conventions on Psychotropic Substances, 1971 and the United Nations Single Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. As such the country
has tried to enunciate its own domestic laws to fight against substance use. In the following lines
details on Indian laws have been brought into discussion.

Alarming Facts and Figures Relating to Substance Use Among Indian Students
 According to the United Nations Office on Drugs and Crime (UNODC) 2018 survey on drug
use among the general population, the extent of drug use among youngsters remains higher
than that of older people.
 Most researchers suggest that early (12-14 years old) to late (15-21years old) adolescence is
a critical risk period for the initiation of substance use and that substance use may peak
among young people aged 18-25 years.
 Nearly 18 lakh children need help with inhalant use.
 It is estimated that about 8.5 lakh people are injecting drugs (PWID – people who inject
drugs) most of whom admit to having started the habit around the age of 17.
 5.2% of college students are addicted to alcohol.

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3.3.4 Salient Features of social legislation to NDPS Act, 1985
The first ever Act against illicit drugs and Psychotropic Substances was enacted in
India in 1985.It was named as the Narcotic Drugs and Psychotropic Substances Act, 1985
(NDPS). Until this period Cannabis was legally sold and were commonly used in India for
recreational purposes. As India was a signatory to the International Conventions on narcotic
drugs and psychotropic substances of 1961 and 1971 respectively, it was mandated for the
government to eliminate the ethnically deep-seated use of Cannabis. So, on 14 November
1985, the Narcotics Drugs and Psychotropic Substances Act was enacted which banned all
narcotic drugs in India.
The NDPS Act prohibits cultivation, production, possession, sale, purchase, trade,
import, export, use and consumption of narcotic drugs and psychotropic substances except for
medical and scientific purposes.
This social legislation is trying to control the menace of drug abuse in the country.
This Act intends to consolidate and amend the law relating to narcotic drugs, to make
stringent provisions for the control and regulation of operations relating to narcotic drugs and
psychotropic substances.
This Act says that it extends to the whole of India and it applies also to,
(a) All citizens of India outside India;
(b) All persons on ships and aircrafts registered in India, (wherever they may be)
Do You Know?
 Indian drug policy has its roots in Article 47 of the Indian Constitution.
 Art. 47 states that the "State should endeavour to bring about prohibition of
the consumption of intoxicating beverages and of narcotics which are harmful
to health, except for therapeutic purposes."
 It also spells out that it is the responsibility of the state to ensure social security
and justice to the citizens by enumerating duties of the state which are
important for achieving the goal of a better society, and it includes better
conditions of living, access to healthy and nutritious food and public health
and hygiene.
 It is founded on Gandhian principles.
 Thus, the Constitution explicitly mandates that states need to take action to
prevent or reduce or stop the consumption of injurious drinks or drugs.

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This Act defines an “addict” as a person who has a dependence on any narcotic drug or
psychotropic substance.
This Act provides for committees at both the Central and State level.
The NDPS Act lays down the procedure for search, seizure, and arrest of persons in
public and private places detected to have been involved in drug or substance production,
marketing, and use. Under the Act, it is illicit for a person to produce or
manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any
narcotic drug or psychotropic substance. The Narcotics Control Bureau was set up under the
NDPS Act with effect from March 1986. The Narcotics Control Bureau (NCB) is the chief
law enforcement and intelligence agency of India vested with the responsibility to fight drug
against trafficking and the abuse of illegal substances. It was created on 17 March 1986 to
enable the full implementation of the NDPS Act and fight its infringement. In 1988, the
NDPS Act was supplemented by the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act to provide for preventive detention of people suspected or
accused of involvement in drug trafficking.
The Act also prescribes the constitution of The Narcotic Drugs and Psychotropic Substances
Consultative Committee. The provisions laid down for such a committee are as follows.
 The Central Government may constitute, by notification in the Official Gazette, an
advisory committee to be called “The Narcotic Drugs and Psychotropic Substances
Consultative Committee” to advise the Central Government on such matters relating
to the administration of this Act as are referred to it by the Government from time to
time
 The Committee shall consist of a Chairman and such other members, not exceeding
twenty, as may be appointed by the Central Government
 The Committee shall meet when required to do so by the Central Government and
shall have power to regulate its own procedure
 The Committee may, if it deems it necessary for the efficient discharge of any of its
functions, constitute one or more sub-committees and may appoint to any such sub-
committee, whether generally or for the consideration of any particular matter, any
person (including a non-official) who is not a member of the Committee
 The term of office the Chairman and other members may be decided by the Central
Government. The manner of filling casual vacancies in the offices of and the
allowances, if any, payable to, the Chairman and other members of the Committee,
and the conditions and restrictions subject to which the Committee may appoint a
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person who is not a member of the Committee as a member of any of its sub-
committees, shall be such as may be prescribed by rules made by the Central
Government.
There shall also be special officers appointed at the State level for the proper implementation
of this Act.
3.3.5 Salient Features of social legislation on COTPA, 2003
The Indian Parliament passed the Cigarettes and Other Tobacco Products (Prohibition
of Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Bill in April 2003. This Bill became an Act on 18 May 2003 and this is
popularly known as COTPA. COTPA has been enforced from 1 May 2004. The Act is
applicable to all products containing tobacco in any form, and extends to the whole of India.
The key provisions of COTPA -2003
 Prohibition of smoking in public places (educational institutions, restaurants, malls,
bus stops, workplaces etc.). This has been implemented from 2
nd
October 2008 in the
whole of India.- Section-4
 Ban of all forms of direct and indirect advertisements of tobacco products- Section-5
 Prohibition of sales to minors (tobacco products cannot be sold to or by the children
less than 18 years of age and cannot be sold within a radius of 100 yards of any
educational institutions)- Section-6
 Regulation of health warning in tobacco products packs. English and one more Indian
language are to be used for health warnings on tobacco packs. Pictorial health
warnings are also to be included. Section-7
 Regulation and testing of tar and nicotine contents of tobacco products and declaring
on tobacco products packages.
Smoking in public places was banned under COTPA, on 2
nd
October, Gandhi Jayanti, 2008.
These public places include cinemas, auditoriums, hospitals, public transport (aircraft, buses,
trains, metros, taxis), and their related facilities, (Bus stands, railway stations and airports),
restaurants, amusement centres, pubs, bars, offices (Government and private), libraries,
courts, shopping malls, markets, refreshment rooms, post offices, banquet halls, coffee
houses, educational institutions and parks. However, smoking in airports, restaurants, some
enclosed work places, pubs and bars is allowed if they provide a separate designated place for
smoking.

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There is a penalty for smoking in public places
First conviction- Will lead up to two years imprisonment or with fine which can extend to
Rs.1000. Subsequent conviction is - Up to Five years imprisonment or with fine which can
extend to Rs.5000.
The first International treaty on Tobacco Control
Not only in India, use of Tobacco been a big killer all over the world. Unfortunately
our young mass gets into this habit mostly which spoils their life, lifestyle and all future
plans. The use of Tobacco and its innumerable adverse impacts on human civilisation has
been one of the important concerns at the International level as well. WHO Framework
Convention on Tobacco Control (WHO FCTC) is the first international treaty negotiated
under the auspices of World Health Organisation. There are currently 181 Parties to the
Convention. It was adopted by the World Health Assembly on 21 May 2003 and entered into
force on 27 February 2005. It has since become one of the most rapidly and widely embraced
treaties in United Nations history.
The WHO FCTC was developed by countries in response to the globalization of the tobacco
epidemic. It aims to tackle some of the causes of that epidemic, including complex factors
with cross -border effects, such as trade liberalization and direct foreign investment, tobacco
advertising, promotion and sponsorship beyond national borders, and illicit trade in tobacco
products. The preamble to the Convention shows how countries viewed the need to develop
such an international legal instrument.
Government of India ratified the WHO Framework Convention on Tobacco Control
(WHO FCTC) in 2004, the first ever international public health treaty focusing on the global
public health issue of tobacco control. WHO-FCTC provides for various measures to reduce
the demand as well as supply of tobacco. India played a leading role in FCTC negotiations to
finalize its provisions and was the regional coordinator for the South- East Asian countries.

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The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution) Act,
COTPA, 2003
This Act was enunciated in 2003. The Act repealed The Cigarettes (Regulation of
Production, Supply and Distribution) Act, 1975. The very purpose was to prohibit the
advertisement of and regulate the trade and commerce in, and production, supply, and
distribution of cigarettes and other tobacco products in India. The 39th Assembly held in
1986 urged the member states to implement measures to provide non-smokers protection
from involuntary exposure to tobacco smoke. Consequent to this decision of the World
Health Assembly, the Indian Parliament passed the Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply,
and Distribution) Bill in April 2003. This Bill became an Act on 18 May 2003 and this is
popularly known as COTPA. COTPA has been enforced from 1 May 2004. The Act is
applicable to all products containing tobacco in any form and extends to the whole of India.
The Cigarettes (Regulation of Production, Supply, and Distribution) Act, enacted by the
Government of India makes it mandatory to display a statutory health warning on all
packages and advertisements of cigarettes since 1975. The following signs might have
captured your observations. These are to be strictly followed.

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