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.

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.

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.

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 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.

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)

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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 2nd 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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The key provisions of COTPA -2003

1. The Act prohibits smoking of tobacco in public places, except in special smoking
zones in hotels, restaurants and airports and open spaces.
2. Advertisement of tobacco products including cigarettes is prohibited. No person shall
participate in advertisement of tobacco product, or allow a medium of publication to
be used for advertisement of tobacco products. No person shall sell video-film of such
advertisement, distribute leaflets, documents, or give space for erection of
advertisement of tobacco products. However, restricted advertisement is allowed on
packages of tobacco products, entrances of places where tobacco products are sold.
Surrogate advertisement is prohibited as well under the Act.
3. Tobacco products cannot be sold to persons below the age of 18 years, and in places
within a 100 yards radius from the outer boundary of an institution of education, which
includes schools, colleges, and institutions of higher learning.
4. Tobacco products must be sold, supplied or distributed in a package which shall
contain an appropriate pictorial warning, clearly mentioning its nicotine and tar
contents. Cigarette packets are needed to have pictorial warnings of a skull or scorpion
or certain prescribed pictorial warnings along with the text SMOKING
KILLS and TOBACCO CAUSES MOUTH CANCER in both Hindi and English.
5. The Act also gives power to any police officer, not below the rank of a sub-inspector
or any officer of State Food or Drug Administration or any other officer, holding the
equivalent rank being not below the rank of Sub-Inspector of Police for search and
seizure of premises where tobacco products are produced, stored or sold if he suspects
that the provision of the Act has been violated.
6. If any person manufactures tobacco products and fails to adhere to the norms related
to warnings on packages, on first conviction he/she shall be punished with up to 2
years in imprisonment or with fine which can extend to Rs. 5000. In case
of subsequent conviction the punishment shall be up to 5 years in imprisonment or
with fine which can be extended to Rs. 10000.
7. For smoking in public places, a fine of up to Rs. 200 can be imposed. Selling tobacco
products to minors (Persons below 18 years) and the sale of tobacco products within
100 yards of all educational institutions are banned (Ministry of Law and Justice,
2003).

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 8. For advertisement of Tobacco production, on the first conviction, the punishment shall
be up to 2 years in imprisonment or with fine which can extend to Rs. 1000. In case
of subsequent conviction, the punishment shall be increased up to 5 years in
imprisonment or with fine which can extend to Rs. 5000.
9. The owner/manager/in charge of a public place must display a board containing the
warning "No Smoking Area” or “Smoking here is an offense” in an appropriate
manner at the entrance and inside the premises. A place where tobacco products are
sold must display appropriate messages like "Tobacco Causes Cancer" and "Sales
of tobacco products to a person under the age of eighteen years is a punishable
offense under the law".

What do We Need to Know?

The COPTA Act, 2003 prescribes for:
 Prohibition of smoking in public places (educational institutions, restaurants,
malls, bus stops, workplaces etc) - 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 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 warnings in tobacco product 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
 For advertisement of Tobacco production, on the first conviction, the punishment
shall be up to 2 years in imprisonment or with fine which can extend to Rs. 1000.
In case of subsequent conviction, the punishment shall be increased up to 5
years in imprisonment or with fine which can extend to Rs. 5000.
 Smoking in public places was banned under COTPA, on 2 nd October, i.e. Gandhi
Jayanti, 2008.

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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3. 3.5.1 National Tobacco Control Program (NTCP)

The Ministry of Health and Family Welfare (MHFW), Government of India launched
the National Tobacco Control Program (NTCP) in the year 2007-08 during the 11th Five-
Year-Plan. This nationally sponsored scheme aims at sensitizing the people on harmful
impacts of tobacco consumption. It also tries to reach the masses with the messages of
tobacco control legislation named COTPA, 2003. So also, different stakeholders are
sensitized for the effective implementation of COTPA, 2003 in the country. Under this
program, the govt. tries to facilitate the implementation of strategies for prevention and
control of tobacco advocated by the WHO Framework Convention of Tobacco Control.

The aims and objectives of NTCP are

(i) To create awareness about the harmful effects of tobacco consumption

(ii) To reduce the production and supply of tobacco products

(iii) To ensure effective implementation of the provisions under “The Cigarettes

and Other Tobacco Products (Prohibition of Advertisement and Regulation of
Trade and Commerce, Production, Supply, and Distribution) Act, 2003”
(COTPA)

(iv) To help people quit tobacco use

(v) To facilitate the implementation of strategies for prevention and control of

tobacco advocated by the WHO Framework Convention of Tobacco Control

The main thrust areas for the NTCP are as under:

 Training of health and social workers, NGOs, school teachers, and enforcement
officers;
 Information, education, and communication (IEC) activities;
 School programmes;
 Monitoring of tobacco control laws;
 Coordination with Panchayat Raj Institutions for village-level activities;
 Setting up and strengthening cessation facilities including the provision of
pharmacological treatment facilities at the district level.

NTCP has resulted in the provision of dedicated funds and manpower for the implementation
of the Programme. State/District Tobacco Control components viz. STCC and DTCC Plan
have been subsumed in the Flexi-pool for Non- Communicable Disease (NCDs) under

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 National Health Mission (NHM) for effective implementation since 12th Five Year Plan.
Currently, the Programme is being implemented in all States/Union Territories covering
around 612 districts across the country.

Dedicated State Tobacco Control Cells for effective implementation and monitoring of
tobacco control initiatives are being engaged. The Key activities include;

 State Level Advocacy Workshop

 Training of Trainers Program for staff appointed at DTCC under NTCP.
 Refresher training of the DTCC staff.
 Training on tobacco cessation for Health care providers.
 Law enforcers training/sensitization Program

Tobacco Surveillance

The Global Tobacco Surveillance System (GTSS) aims to enhance country capacity
to design, implement, and evaluate tobacco control interventions, and monitor key articles of
the World Health Organization’s (WHO) Framework Convention on Tobacco Control
(FCTC) and components of the WHO MPOWER technical package. GTSS includes the
collection of data through four surveys:

o Global Youth Tobacco Survey (GYTS);

o Global School Personnel Survey (GSPS);
o Global Health Professions Student Survey (GHPSS) and
o Global Adult Tobacco Survey (GATS).

GYTS focuses on youth aged 13-15 and collects information in schools. GSPS
surveys teachers and administrators from the same schools that participate in the GYTS.
GHPSS focuses on 3rd year students pursuing degrees in dentistry, medicine, nursing and
pharmacy. GATS is a nationally representative household survey that monitors tobacco use
among adults aged 15 years and older.

GATS India is conducted as a household survey of persons aged 15 years and above.
The first round of GATS was conducted in 2009-10 and second round in 2016-17. GATS
provides information on respondents’ background characteristics, tobacco use (smoking and
smokeless), cessation, second hand smoke exposure, economics, media, and knowledge,

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attitudes and perceptions towards tobacco use. GATS enhances countries’ capacity to design,
implement and evaluate tobacco control policies and programs. It also assists countries to
fulfil their obligations under the WHO FCTC to generate comparable data within and across
countries.

The prevalence of any form of tobacco use (for persons aged 15 years and above) has
decreased significantly by six percentage points from 34.6 percent (GATS-1, 2009-10) to
28.6 percent (GATS-2, 2016-17). The number of tobacco users has reduced by about 81 lakh
(8.1 million).

3.3.6 Mechanism and Government Schemes

National Fund for Control of Drug Abuse
The Act provides that, the Central Government may, by notification in the Official
Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse. This
Fund shall be credited
(a) An amount which the Central Government may, after due appropriation made by
Parliament by law in this behalf, provide
(b) The sale proceeds of any property forfeited
(c) Any grants that may be made by any person or institution
(d) Any income from investment of the amounts credited to the Fund under the aforesaid
provisions.
The Fund shall also be applied by the Central Government to meet the expenditure incurred
in connection with the measures taken for
(a) Combating illicit traffic in narcotic drugs, psychotropic substances or controlled
substances
(b) Controlling the abuse of narcotic drugs and psychotropic substances
(c) Identifying, treating, rehabilitating addicts
(d) Preventing drug abuse
(e) Educating public against drug abuse
(f) Supplying drugs to addicts where such supply is a medical necessity

One of the most important aspects of this Act is that the Act also provides for a fund for the
control of Drug Abuse.

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 The Act also provides that the Central Government may constitute a Governing Body
as it thinks fit to advise Government and to sanction money out of the said Fund subject to
the limit notified by the Central Government in the Official Gazette. The Governing Body
shall consist of a Chairman (not below the rank of an Additional Secretary to the Central
Government) and such other members not exceeding six as the Central Government may
appoint. The Governing Body shall have the power to regulate its own procedure.
(1) The State Government may appoint such officers with such designations as it thinks
fit for the purposes of this Act.
(2) The officers shall be subject to the general control and direction of the State
Government, or, if so directed by that Government, also of any other authority or
officer.
Section 32B of the NDPS Act is very important to know. It lays down that the offense
committed in an educational institution or social service facility or in the immediate vicinity
of such institution or facility or in other places to which school children and students resort
for educational, sports, and social activities as one of the aggravating factors which may be
considered by the Court for imposing higher than the minimum penalty prescribed for the
offense. The Act continues to inflict stricter punishments on drug abuser in India. The
punishments pronounced by the act are as follows:

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Source: Finology legal

The NDPS was supplemented with the Prevention of Illicit Traffic in NDPS (PITNDPS) Act
in 1988. It was enacted to provide for detention in certain cases for the purpose of preventing
illicit traffic in narcotic drugs and psychotropic substances. Simply speaking, the act has
provisions for securing preventive detention of the major drug traffickers. As the drug
traffickers deal in large volumes, and earn substantially through trafficking, efforts are made
by the Government to identify, seize and freeze their properties and follow up the case
vigorously till the properties are forfeited.

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 Landmark Judicial Verdicts on the Control of Substance Use
 The Indian Supreme Court in 2008 in the case of ‘E Michael Raj v Intelligence Bureau,
Narcotics Control Bureau had given a verdict that punishment under the NDPS Act will
depend on the quantity of offending drug present in a consignment seized by the police.
 As per the ruling, five grams of heroin would classify as a small quantity while 250
grams of the same contraband would be considered a commercial quantity attracting a
punishment of up to 20 years of imprisonment.
 It was noted that in order to cheat the Controlling authorities, the drug peddlers started
selling heroin mixed with caffeine, chalk powder, and zinc oxide.
 So, an immediate reversal of the 2008 verdict was needed by the Government.
 Reversing the 2008 decision of E Michael Raj, a three-judge bench of Justices Arun
Mishra, Indira Banerjee and MR Shah in the case of Hira Singh vs. Union of India ,2017
gave the verdict that drug peddling is a crime of high order against society and it has to
be dealt with an iron hand.

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 What do we need To Know Now?
The NDPS Act, 1985 talks about:
 Composition of a special court
 Non-bailable offense
 Provision of the proper fund to deal with the Drug Abuse
 Fixation of responsibility with specially designated officials

All three organs of the Government are proactive to deal with substance use with iron
hands and stringent punishment provisions are in place for the abusers. But this is not
sufficient to secure society with the conscious efforts of its citizens. So, it is high time
that young students need to come forward to fight against the deadly battle against
substances and save society from myriad risks.

Realising the seriousness of the multi-faceted implications of the incidence of

substance abuse in the country and the young children being victims of it, the Ministry of
Social Justice and Empowerment has been implementing the scheme of prevention of
alcoholism and substance abuse through the National Action Plan on Drug Demand
Reduction. It provides a host of services, including awareness generation, counselling,
treatment, and rehabilitation of dependents (addicts). The programme emphasizes a
community-based prevention approach through educational programmes and services for
drug-dependent persons and their caregivers. But it is pertinent here that as students you need
to know substance use may bring immediate pleasure, but long-term pain and misery. It is not
a symbol of status, but a sign of the lack of moral standards and good values in an individual.
Substance users create a risk culture for themselves and for society at large.
Added to drugs is the use of nicotine in tobacco which also makes many individuals addicted
and ultimately brings health hazards for them. The efforts may not directly benefit the
current tobacco user and force them to quit the habit. In the following part, let us have a
discussion on the prevailing legal provisions against the use of tobacco and other drugs in our
country.

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3.3.6.1 Nasha Mukt Bharat Abhiyan

Let the teacher project the three short videos before explaining the campaign.
https://www.youtube.com/watch?v=96WaltOurJk
https://www.youtube.com/watch?v=jw_aiTBCZL4

https://www.youtube.com/watch?v=Qvud8GxjyDM

It is a nationwide campaign by the Ministry of Social Justice and Empowerment, Government of India
with the objective of creating awareness on substance abuse prevention. For the year 2020-21
Ministry of Social Justice and Empowerment, Government of India has formulated an Annual Action
Plan for ‘Nasha Mukt Bharat’ to be implemented in 272 districts. These districts are decided based on
the highest usage of substances as reported by NCB and the findings of the comprehensive National
survey done by the Ministry. Nasha Mukt Bharat Campaign is a three-pronged attack combining the
supply curb by Narcotics Control Bureau, Outreach and Awareness and Demand Reduction effort by
Social Justice, and Empowerment and treatment through Health Department.

The Action Plan has the following components:

 Awareness generation programmes

 Focus on higher educational Institution, university campuses, and schools
 Reaching out into the Community and identifying dependent populations,
 Focus on counselling and treatment facilities in hospitals and rehabilitation centres
 Capacity-building programmes for a service provider

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The State Governments are also playing key roles in the effective implementation of this
nationally run campaign. They are playing the role of a catalyst in reducing the demand and
supply of the substances. The Government of Odisha has set up a special Department named
Social Security and Empowerment of Persons with Disabilities Department
(SSEPD) that works towards substance abuse prevention.

3.3.6.2 Rehabilitation Centres and their roles for De-addiction

There are certain patients or dependent persons who need rehabilitation centres to get
de-addicted. These rehabilitation centres help alcoholics or substance abusers to come out of
their addictions through counselling and medication. State Level Coordinating Agency
(SLCA) is established by the Ministry of Social Justice and Empowerment, Government of
India to coordinate the rehabilitation centres across the state. These rehabilitation centres are
providing free residential de-addiction services to the patients.

In Odisha, a voluntary organization named Association for Voluntary Action (AVA) is

running SLCA. The following email Ids and contact numbers can be used for taking help for
de-addiction.

Informative Knowledge
In Odisha, a voluntary organization named Association for Voluntary Action (AVA) is
running SLCA. The following email Ids and contact numbers can be used for taking
help for de-addiction.
avaorg.puriorissa@rediffmail.com
rrtcodisha.ava@rediffmail.com

Drugs helpline No. 1800110031

National toll-free de-addiction Helpline is 14446

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 Key Take home Facts
Conventions, legislation, institutions, and campaigns make provisions for penalties for substance
use. But their preventive power is really limited. As a responsible child/ citizen of the nation, you
must keep yourself away from all types of tobacco stuff and convince and help your friends if
he/she uses tobacco stuff in any form. And the biggest appeal to minors in the country is to
politely deny bringing or buying any tobacco stuff if they are asked for it.

You need to realise

“Prevention is better than cure “and “Early prevention is the real prevention”.

3.3.7 Let Us Sum Up

 In the 20th and 21st century nations have addressed the issues of drug abuse through
laws legislated by their parliaments
 In the last 100 years international cooperation to present drug abuse has increased
 The UN Conference for the adoption of a single convention on Narcotics Drugs in
1961 is a milestone. India was also a part of the conference. In 1972 this agreement
was amended
 The second major convention on psychotropic substances was held by UNO in 1971
It was signed by 34 countries and become effective from 16 th August 1976
 UN Convection against illicit traffic in Narcotics Drugs and Psychotropic substance
was held in 1988
 W.H.O facilitated holding of the framework convention on tobacco control(FCTC).
168 countries become a part of the convention. This is a milestone for reducing
tobacco consumption, health warning and smoke free work places and public places
 NDPS Act, 1985 is a pioneering Indian Law
 COTPA Act, 2003 is an improvement over NDPS , 1985 and further aimed of
controlling Trade and Commerce relating to tobacco
 National Tobacco Control Program was launched in 2007-08 by the Govt. of India. It
covers judicial process, laws and prescribed punishment etc. It also specifies
affirmative action Govt. needs to take.

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3.3.8 Key words
 NDPS ACT, 1985: Illicit drug and psychotropic substances act enacted in India in
1985
 COTPA ACT, 2003: The purpose of this Act to prohibit the advertisement and to
regulate the trade and commerce of cigarette and tobacco
product
 NTCP: The program aims at sensitizing the people on harmful impacts of tobacco
Consumption
 De-addiction of drugs: Methods adopted to keep away from the dependency on a
Particular drug or substance abuse
 Re-habilitation Center: Center where in habitant of the drug addicted individuals
to Provide de-addiction services
 NCB: Narcotic Control Bureau deals with matter of drug law enforcement in India
 Psychotropic Substances: Designate chemical substances that act upon the mind
that is on the conscious or unconscious mental life of
an individual
 Illicit traffic: Manufacturing and trafficking the psychotropic chemicals
 AVA: In Odisha, a voluntary organization named Association for Voluntary
Action (AVA) is running SLCA Action for de- addiction.

3.3.9 Check Your Learning

Questions (One mark each)
a. What does NDPS stand for?
b. When was NDPS Act enacted?
c. When was COTPA enacted?
d. During which plan NTPC was launched?
e. What is the full form of NHM?
f. What does GSPS stand for?
Questions (Two marks)
a. What is the primary function of State Tobacco Control cells?
b. Which is the first ever international public health treaty for tobacco control?
c. Give examples of two public places where smoking is illegal.
d. Which committee can advise the Central Government on administration of NDPS Act?

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 e. What should be written on Cigarette packets to make the smokers aware about its adverse
impacts on our health, according to COTPA?
f. Which is the age group on which GYTS focuses?
Questions (Five marks)
1. How does NDPS Act define an 'addict’?
2. What is National Fund for control of Drug abuse?
3. What are the most important objective of NDPS Act, 1985?
4. What does Sec 5 of COTPA say?
5. What is the penalty for smoking in public places according to COTPA?
6. What is Global Tobacco Surveillance System?

3.3.10 Suggested Reading

1. The Tobacco Epidemic, 2015, (ed) Loddenkemper R. , Kreuter M. , Karger Publishers
2. Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of
Commerce, Production, Supply and Distribution) Act, 2003 Along with Rules ( paperback,
Professional)
3. Public Health, Tobacco, Trade in India , 2020, Dr Amit Yadav, Thomsen Reuters
4. Tobacco and Oral health, Tanushree Keswani, 2016, CBS Publishers
5. Quit Smoking Today, Paul McKenna, Bookish Santa

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