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CHAPTER I
NATURE AND MEANING OF DRUG ABUSE
Drug abuse affects most countries in the world, both rich and poor.
The problem now crosses national, ethnic, religious and gender lines. Addicts
range from the homeless, to white-collar professionals, college students to rural
farmers, street children to suburban teenagers1
Meaning of drug abuse
The drugs that are beneficial to humanity may also be the same drugs that
are detrimental to mankind. It is of no argument that drugs are created to cure
diseases and to alleviate human illness of human body; however people may
misuse over these drugs and it is called drug abuse. Abuse of all drugs has adverse
effects on physical, psychological and social conditions of the user. Under
nutrition, loss of appetite, bronchitis and generalized debility which may lead to a
host of other problems are the physical complications. Psychological effects
include anxiety, depression, insomnia, paranoia, deterioration of personality and
other severe mental illness. Abstinence from the work place, accidents, criminal
involvement, prostitution etc are social ill-effects of substance abuse. 2
Kinds of drug abuse
Drugs can be categorised as Depressants, Stimulants, Hallucinogens and
Narcotics. Depressants includes alcohol, tranquilizers, calmpose, valium etc.
Stimulants are, cocaine and amphetamines. The third category, i.e. Hallucinogens,
1
ibid
are LSD, ganja etc. Narcotics drugs include, opium and its derivatives such as
heroin, brown sugar, Tidigesic, morphine, pethedine, fortwin etc. In Kerala,
alcohol, ganja, brown sugar and tranquilizers are greater in abuse3.
Effects of drug abuse
Drug abuse has become a social problem because it has afflicted the family,
the economy and the community. And abuse of all drugs has adverse effects on
physical, psychological and social conditions of the user. Under nutrition, loss of
appetite, bronchitis and generalized debility which may lead to a host of other
problems are the physical complications. Psychological effects include anxiety,
depression, insomnia, paranoia, deterioration of personality and other severe
mental illness. Abstinence from the work place, accidents, criminal involvement,
prostitution etc are social ill-effects of substance abuse. 4 Drug abuse is a complex
phenomenon, which has various social, cultural, biological, geographical,
historical and economic aspects. The disintegration of the old joint family system,
absence of parental love and care in modern families where both parents are
working, decline of old religious and moral values etc lead to a rise in the number
of drug addicts who take drugs to escape hard realities of life. Drug use, misuse or
abuse is also primarily due to the nature of the drug abused, the personality of the
individual and the addict's immediate environment. The processes of
industrialization, urbanization and migration have led to loosening of the
ibid
per the data of city-based drug de-addiction hospitals, hardly any case of drug
abuse among children was reported five years back.5
A recent review article on 'substance abuse in children and adolescent in
India' by Dr Manu Agarwal of King George's Medical University (KGMU) stated
that not only in the city, the trend is being observed across the country. Substance
abuse is fast becoming a public health problem among the children and
adolescents of India revealed the study. Today drug abuse among students and
adolescents is growing in India faster than any other time before. And it has been
seriously affecting the growing Indian economy as well as the cultural richness of
Indian society for the past two decades. According to a recent survey, it is shown
that, an estimated 7.5 crore Indians are drug addicts and the number is going up
significantly, spreading to semi-urban and backward areas. The current prevalence
rates within the age group of 12-18 years was Alcohol (21.4 per cent), Cannabis
(three), Opiates (0.7) and any illicit drug (3.6 per cent) 6. And it is reported that a
high concentration of drug addiction in certain social segments and high-risk
groups, such as, commercial sex workers, transportation workers and street
children.7
Let us analyse how drug abuse has affected the social economic and
cultural aspects of India as well as Kerala.
CHAPTER II
DRUG ABUSE IN INDIA
Drug abuse is a social evil. It destroys not only vitals of the society but also
adversely affects the economic growth of the country. Drug abuse is a global
phenomenon. In India, the use of opium and cannabis has been in existence since
long ago. In the last three decades, however new drugs like heroin, amphetamine
type stimulants (ATS), cocaine and pharmaceutical compounds have made their
entry and are being used especially in metropolitan cities. Currently, India is not
merely a country for the transit of such drugs from the Golden Triangle or
Golden Crescent; it has also become a country of consumption.8
The population of India has reached over 1 billion people and is rising. The
country is growing at an incredible pace. Its culture, social values, demographics
and economy is rapidly changing, and these stresses are having an impact on the
people. Some evidence suggests that there is an increasing use of illicit drugs and
reported numbers point to over 3 million drug addicts in India. However, the
World Health Organization does note that there is significant difficulty in
estimating drug usage and addiction rates in the country due to poor bureaucratic
processes and census reporting.9 Drug abuse among children and adolescents is
one of the major challenges that India has been facing even before the foreign
8 National Drug Demand Reduction Policy, Ministry of social justice and empowerment, March, 2013,
https://socialjustice.nic.in/pdf/NDDRP-march2013
9 http://alcoholrehab.com/drug-addiction/drug-addiction-in-india
In fact, opium use prospered even with invasions from Alexander and the
Mughals. It was only after the British invasion that it was monopolised. The
British used to buy at least 15 million pounds of tea from China and has nothing
to sell in return. To balance the deficit, it aggressively sold opium to China. While
controlling cannabis was difficult for the fact that it can be grown anywhere in
India, the British systematically controlled the cultivation, consumption,
production and sale of opium in India.
Over the years, drug addiction is becoming an area of concern as
traditional moorings, effective social taboos, emphasis on self-restraint and
pervasive control and discipline of the joint family and community are eroding.
The processes of industrialization, urbanization and migration have led to
loosening of the traditional methods of social control rendering an individual
vulnerable to the stresses and strains of modern life. The fast changing social
milieu, among other factors, is mainly contributing to the proliferation of drug
abuse, both of traditional and of new psychoactive substances. The introduction of
synthetic drugs and intravenous drug use leading to HIV/AIDS has added a new
delhihighcourt.nic.in
11 http://socialjustice.nic.in
Keeping the aforesaid approach in view, the Govt. of India has a threepronged strategy for demand reduction consisting of:
Building awareness and educating people about ill effects of drug abuse
Building awareness and educating people about ill effects of drug abuse.
Dealing with the addicts through programme of motivational counselling,
treatment, follow-up and social-reintegration of recovered addicts.
To impart drug abuse prevention/rehabilitation training to volunteers with a
view to build up an educated cadre of service providers.
The objective of the entire strategy is to empower the society and the
community to deal with the problem of drug abuse.12
10
15 ibid
11
CHAPTER III
LAWS PREVENTING DRUG ABUSE IN INDIA
Drug abuse is a serious social problem. The drug abuse is growing and an
ever increasing number of youth is becoming addicted. The smuggling of narcotic
drugs and psychotropic substances into India, and illegal trafficking in such drugs
and substances lave led to drug addiction among a sizeable section of the public,
particularly the adolescents has assumed serous and alarming proportions in the
recent years. Drug addiction threatens to kill the whole generation. No individual,
family or community is safe where illicit drugs take control. Drugs may control
the body and mind of individual consumers, the drug crop and drug cartels may
control farmers, illicit trafficking and crime may control communities. Drugs
destroy lives and communities, undermine sustainable human development and
generate crime. Drugs affect all sectors of society; in particular, the young people.
CONSTITUTIONAL MANDATES
India's approach towards Narcotic Drugs and Psychotropic Substances is
enshrined in Article 4716 of the Constitution of India. Which mandates the
government to prohibit the use and consumption of intoxicating drinks and drugs
which are injurious to health. The right to health has been perhaps the least
difficult area for the court in terms of justifiability, but not in terms of
enforceability. Article 47 of Directive principles of state policy provides for the
duty of the state to improve public health. This Article is based on Gandhian
1616 The State shall regard the raising of the level of nutrition and the standard of living of its people
and the improvement of public health as among its primary duties and, in particular, the State shall
endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
12
principles. However, the court has always recognized the right to health as being
an integral part of the right to life guaranteed by Article 21 of Indian
constitution.in the case State of Punjab v Mohinder Singh, the Supreme Court
held that Right to health is a fundamental right guaranteed under Article 2117.
Article 25318 of the Constitution empowers the Parliament to legislate for
the purpose of discharging obligations under international conventions and foreign
treaties. Accordingly, the Narcotics Drugs and Psychotropic Substances Act, 1985
was enacted in November, 1985, to give effect to the provisions of the existing
UN Conventions. It contains stringent provisions for the control and regulation of
narcotic drugs and psychotropic substances, and provides an essential framework
and appropriate provisions for administrative action.
ANTI-DRUG LAWS
The statutory control over narcotic drugs in India is exercised through a
number of Central and State enactments. The Opium Act of 1857, Opium Act of
1878 and the Dangerous Drugs Act of 1930 were enacted a long time ago.
However with the increase in drug abuse and illicit drug traffic certain
deficiencies in the existing laws surfaced which made it necessary for the
Parliament to enact a comprehensive legislation to combat this challenge. For e.g.
the Dangerous Drugs Act, 1930 provides for a maximum term of imprisonment of
3 years with or without fine and 4 years with or without fine for repeat offences.
17
18 Parliament has the power to make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with any other country or countries or any decision
made at any international conference, association or other body.
13
20 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
Highest attainable standard of physical and mental health.
21 Y.K Shabharwal, Narcotic Drugs and Psychotropic substances, National Seminar organised by Delhi
High Court in collaboration with Government of Delhi. http://www.supremecourtofindia.nic.in/speeches
14
sale
purchase,
transportation,
ware
housing,
15
16
drug law enforcement which broadly covers health- care and the de-addiction,
rehabilitation and social re-integration of addicts.28
Chapter IV (15 to 40) of the Act deals with prohibition of offences and
penalties related to cultivation, production, transportation, selling, and purchasing
of poppy straw29, coca plant30 , coca leaves31, prepared opium32, opium poppy33 ,
opium34, cannabis plant35 and cannabis36. All these offences are triable by special
courts and the punishments prescribed range from imprisonment from 10 to 20
years for first offences, to 15 to 30 years for any subsequent offences together
with monetary fines. In addition to persons directly involved in trafficking
narcotic drugs and psychotropic substances, any person who finances trafficking
28 Malik, Commentaries on Narcotic Drugs and Psychotropic Substances Act, 1985. Law publishers (India)
pvt. Ltd, 2012, p.5
29. Section 2 (xviii) of the Act defines"poppy straw" as all parts (except the seeds) of the opium poppy
after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has
been extracted therefrom.
30 Section 2(vi)(a) the Act defines "Coca plant" as the plant of any species of the genus Erythroxylon.
31 Section 2(vi)(a) defines coca leaf means as the leaf of the coca plant except of a leaf from which all
ecgonine, cocaine and any other ecgonine alkaloids have been removed
32
Section 2(xi)(b) defines prepared opium as any product of opium by any series of operations
designed to transform opium into an extract suitable for smoking and the dross or other residue remaining
after opium is smoked
33
section 2 (xvii)of the Act defines "opium poppy" as the plant of the species Papaver somniferous L.;
and the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can
be extracted and which the Central Government may, by notification in the Official Gazette,
declare to be opium poppy for the purposes of the Act
35 Section 2 (iv) of the Act defines cannabis plant" as any plant of the genus cannabis.
36 Section 2 2 (iii) defines Cannabis(hemp) as charas that is the separated resin, obtained from cannabis
plant and ganja, that is, the flowering or fruiting tops of the cannabis plant.
17
18
Prior to 2001, in cases pertaining to drug users, the Supreme Court, took into
account the actual drug content in calculating quantity and not the entire quantity
seized40. After the 2001 notification, the penalties were determined by the quantity
of drugs involved, but the NDPS Act did not provide any guidance of ascertaining
the quantity of narcotic drugs or psychotropic substances. In 2008, the Supreme
Court in E. Michael Raj v Intelligence Officer41, Narcotic Control Bureau held
that in the mixture of a narcotic drug or a psychotropic substance with one or
more neutral substance/s, the quantity of the neutral substances is not to be taken
into consideration while determining the small quantity or commercial quantity of
a narcotic drug or psychotropic substance. It is only the actual content by weight
of the narcotic drug which is relevant for the purposes of determining whether it
would constitute small quantity or commercial quantity.
By the amendment in 1989 Section 31A was inserted in the NDPS Act which
imposes mandatory death penalty for certain repeat crimes involving a large
quantity of drugs. The death sentence is mandatory in that there is no punishment
laid down in Section 31A other than death. In June 2010, An NGO the Lawyers
Collective challenged this provision in Indian Harm Reduction Network v Union
of India42
(protection of life and liberty) and 14 (equal protection of law) of the Constitution
of India. It also questioned the appropriateness of a death sentence for drug
40 Hussain v State of Kerala (2000)8 SCC 139; Ouseph v State of Kerala [2001, Supreme Court; reported
in (2004) 4 SCC 446]
19
trafficking, which does not involve killing or taking of human life and is merely
an economic offence.
Section 64A of the NDPS Act provides immunity from prosecution to
addicts43volunteering for treatment, if they are charged with consumption or
offences involving small quantity. This provision is in keeping with International
Drug Conventions that encourage alternatives to penal sanctions where the
offence is of a minor nature or where the offender is dependent on drugs
her/himself.44
The Act has been amended twice; in 1989 and 2001. The first amendments in
1989 leaned towards greater stringency by introducing mandatory minimum
sentences of 10 years, restrictions on bail and mandatory capital punishment for
repeat offenders. Following the amendments, persons caught with small
amounts of drugs faced long prison sentences, without the possibility of release on
bail. Courts criticized the harsh and disproportionate sentencing structure, which
led to a fresh set of reforms in 2001 to rationalize punishment on the basis of
whether the quantity of drugs involved is small commercial or intermediate
and provide some leniency towards drug offenders who also use drugs. 45
Though the NDPS Act provides for stringent provisions for curbing drug abuse
and illicit trafficking of narcotic drugs and psychotropic substances, the Act has
43 Section 2 (i) defines addict as a person who has dependence on any narcotic drug or psychotropic
Substance.
44 Article 36 (1) (b), Single Convention on Narcotic Drugs, 1961, as amended by the Protocol Amending
the Single Convention on Narcotic Drugs, 1972, https://www.unodc.org/pdf/convention_1961
45
The Narcotic Drugs and Psychotropic Substances act Ignoring Health; Infringing Rights,
http://www.lawyerscollective.org
20
certain defects, for example Patients with severe pain in India are not able to get
opioid medicines for pain relief because the state NDPS Rules make it difficult for
hospitals to store and dispense opioids. Hospitals have to obtain licenses for
stocking, import, export, transport etc, each license requiring concurrence from
different departments (Excise, Drugs Control, Health administration). These
licenses need to be valid at the same time, though often the validity period of a
license is as short as a month. By the time the institution gets a second license,
often the first would have expired validity. On the other hand, though the NDPS
Act allows medical use of narcotic drugs and psychotropic substances, stringent
regulations and onerous licensing procedures together with controls under the
Drugs and Cosmetics Act, 1940 have impeded access to opiates for millions of
patients.
In order to rectify these disabilities of the Act, recently on February 2014
the loksabha has passed the NDPS (amendment) Bill. The amendments make
important, path breaking changes for medical access to narcotic drugs by
removing barriers that date back to 1985, when the Act was first introduced. The
amendments also include provisions to improve treatment and care for people
dependent on drugs, moving away from abstinence oriented services to treating
drug dependence46 as a chronic, yet manageable condition.47 This will now change
as Parliament has adopted a new category of essential narcotic drugs in section
46 Drug dependence is the body's physical need, or addiction, to a specific agent. There is therefore
virtually no difference between dependency and addiction. Over the long term, this dependence results in
physical harm, behavior problems, and association with people who also abuse drugs,
https://www.google.co.in
47 http://www.lawyerscollective.org/updates/parliament-passes-ndps-amendment-bill-2014
21
2(viiia) of the Act a list, which the Central Government can notify on the basis
of expediency in medical practice. Drugs identified as essential will be subject to
Government Rules, which will apply uniformly throughout the country, bringing
to an end the unwieldy and inept practice of obtaining multiple State licenses for
possession, transport, purchase, sale, distribution, use and consumption. And the
amendments broaden the object of the NDPS Act from containing illicit use to
also promoting the medical and scientific use of narcotic drugs and psychotropic
substances
It is true that the efficacious provisions of the Act are worth for curtailing the
illicit trafficking of narcotic drugs and drug abuse but when we consider the
changing life style of people and growing demand for narcotic drugs for medicinal
purposes these provisions are inadequate and needs to be amended. And more
than adopting a punitive approach to the drug users the anti- drug laws should
adopt means to rehabilitate them and make them useful citizens to the country.
CHAPTER IV
SITUATION IN THE STATE OF KERALA
22
plagued by drug-related crime and violence and where the vulnerable feel they
can have hope for the future48.
For hundreds of years, we have known that Kerala, the lands end of India which
has produced the greatest Philosopher ever known Sankaracharya made sense as a
great state. It is true that among the other Indian states Kerala has a uniqueness in
its culture and life style of people. Our tourism department says it is gods own
country, yes to a certain extend it is true in the sense that most of the time she
was free from drought, floods, riots and other calamities even though other states
were being affected by these calamities. In literacy rate the state is first 49, sex ratio
is highest among all other states 50 and in human development index Kerala ranks
first with a rate of 0.62551 which is much higher than the national average. But in
recent years the situation is changing. As per the report of national crime records
bureau in 2013, Kerala is the state where largest number of crimes against women
is registered. And now Kerala is negatively famous for its huge alcohol
consumption in every year. Moreover the case of alcohol consumption, in recent
years there has been a tendency to use narcotic drugs and psychotropic
substances, particularly among children and adolescence. Children and youths are
the back bone of a society and they are the engineers of making future, anything
which affects their mental ability and thinking capacity will also affect the social
48 Global action for healthy communities, without drugs.
https://www.unodc.org/.../global-action-for-
healthy-community
http://censusindia.gov.in
http://www.undp.org/content/undp
23
and economic development of a society. Many studies have reported that children
smoke their first cigarette while attending primary school, though generally
smoking is most likely to begin during adolescence.
People abuse substances such as drugs, alcohol, and tobacco for varied and
complicated reasons, but it is clear that our society pays a significant cost. The toll
for this abuse can be seen in our hospitals and emergency departments through
direct damage to health by substance abuse and its link to physical trauma. Jails
and prisons tally daily the strong connection between crime and drug dependence
and abuse. Although use of some drugs such as cocaine 52 has declined, use of
other drugs such as heroin53 and "club drugs54" has increased.55
Studies conducted by the by the Thiruvananthapuram-based Alcohol & Drug
Information Centre (ADIC) India shows that there is an alarming increase in drug
abuse among youngsters. This also leads to increase in criminality and other vices.
The age group of people accused of various crimes show that most of them are in
their twenties.56
52 Cocaine is an addictive drug derived from coca or prepared synthetically, used as an illegal stimulant
and sometimes medicinally as a local anaesthetic.
53 Heroin is a highly addictive analgesic drug derived from morphine, often used illicitly as a narcotic
producing euphoria.
54 Club drugs are a pharmacologically heterogeneous group of psychoactive drugs that tend to be
abused by teens and young adults at bars, nightclubs, concerts, and parties.
55 http://www.haindavakeralam.com
56 Urban youth on an alcoholic high, The Hindu newspaper, march, 5, 2013
24
http://censusindia.gov.in
25
Newspaper reports that appear now and then give a clear message that Kerala is
now slowly becoming a hub for drug smugglers. The number of alcoholics and
drug addicts in Kerala have been increasing and the number of deaths due to
alcohol abuse has increased tenfold within the last 3 years.
A silver lining in the dark clouds is that the 2011-12 period witnessed a
5% drop in the sales of the Kerala State Beverages Corporation, which means that
Keralites are gulping down less liquor now.
26
disintegration of the old joint family system, absence of parental care & affection
in modern families, decline of old religious and moral values, the fast changing
social milieu and the increasing personal strain and stress resulting from
industrialization, urbanization and migration. Other than these, there are certain
Kerala-specific issues as well.
PSYCHOLOGICAL FACTORS
Psychological factors are the important factors that influence most of the
children and adolescent persons to use illicit drugs. The psychological aspects
such as stress, anxiety, depression can lead to persons to use narcotic drugs and
other psychotropic substances.
Most of the students in Kerala are feeling stress from their home and
education centers. Drastic growth in the education field has caused the parents to
lay more stress on the students to study; it has caused anxiety and depression on
the children. Anxiety signals a threat but it can overwhelm the ego. When anxiety
is overwhelming, a person relies on defense mechanisms such as denial,
avoidance, rationalization, regression, projection, etc. 59 In order to get out of this
anxiety and depression students are resorting to the prescription drugs which has
high side effects to brain and body. Parental neglect of children is another
psychological factor, in this present world most of the parents do not get adequate
time to look after their children and most of the time they are hesitating to
interfere in the personal matters of their children, this makes them a feeling that
59 51 Ibid
27
they are neglected, the growing number of divorce in the state supports this
argument. Among college students, it is found that, love failure is another cause
for drug abuse; the depressed students took to the use of substances and drugs.
Some people use drugs for ecstasy and to get sexual vigorousness.
All the people who use drugs for the first time feel that they can overcome their
problems by using drugs, but in reality over time the changes in the brain caused
by repeated drug abuse can affect a person's self-control and ability to make sound
decisions, and at the same time create an intense impulse to take drugs.
SOCIAL FACTORS
When someone takes drugs, he is generally looking for a benefit or are
ward. The motivators behind the initial drug use can lead to addiction. There are
several social factors that increase the chances of developing a drug addiction.
Social factors includes the institutions that influences the behavior of individuals.
The negative influence of these social institutions adversely affects the mind of
youngsters and students and entangle them in the trap of drug addiction. These are
include, peer groups, family, community religion etc.
Some of these factors have grave relevancy in the rapid increase in the
incidence of drug abuse. The social factors includes.
PEER PRESSURE
Particularly in teens, peer pressure can have an effect on drug use. Studies
prove that most of the students starts using drugs under the influence of their
friends. If anyone in a peer group is addicted to narcotic drugs he will try to
28
spread the habit among other persons too. Peer influences have been found to be
among the strongest predictors of drug use during adolescence. It has been argued
that peers initiate youth into drugs, provide drugs, model drug-using behaviors,
and shape attitudes about drugs.60Membership of a social group that supports drug
or alcohol use encourages people to keep on using these substances.
FAMILY
Most of the parents in Kerala are not aware of the fact that their children
are addicted to drugs.61This is often caused by the parental negligence of children
and non-interference of parents in the matters of their sons and daughters. Studies
revealed that in a good number of cases, the families of drug- users were not
normal and family relationship were not affectionate. In testing the relationship
between drug usage and staying away from parents, it was found that residence
with parents was as important in the incidence of drug usage as residence in
hostel. In other words family background is significant in drug usage.
The nature of family control, the discipline imposed by parents over the
children, the parents interest in their friends. Leisure activities and their future
career prospects and parents remain conscious of their obligations towards their
60 http://alcoholrehab.com/drug-addiction/peer-pressure
61 Asianet news report titled clean campus safe campus.
29
62 Social problems in India, Ram Ahuja, Rawat publications New Delhi, 3rd edition,2014, p.375
63 The Hindu June, 4, 2014.
30
ECONOMIC FACTORS
The studies reports that increasing unemployment leads to the increase of the
incidents of drug abuse among the youth. The tremendous stress, rejection, fear
and frequent bouts of depression that often result from being unemployed are high
risk factors for the development of a substance abuse problem. Many people who
are struggling with the negative effects of unemployment turn to alcohol or drugs
to mitigate the discomfort and sense of helplessness they feel. This is a serious
mistake, and it can destroy your entire life. There are incidence that these
unemployed persons got trapped in the gang of drug mafias and rackets and do the
illegal job as drug dealers.
64 spasmo proxyvon is a pain killer which is used to generally for stomach pain treating functional bowel
disorders ootherway ,it has very much side effects first of all it is so much addictive.
31
32
such as Heroin and Hashish are coming through the hands of tourists and
consequently these are distributed among the people.
The changing life patterns of people also influences the drug usage in the
state. There are several incidents of drug dealings and drug abuses have been
taking place in different corners of Kerala behind the scene of night party in house
boats and hotels. It is shocking that drug parlors are functioning in the state and
drug party and drug evenings are being conducted. An international mafia is
tightening its grip in the state providing narcotic candies, ice cream and pills to
woo children(said
International day against drug abuse) .Like liquor people have started consuming
psychotropic substances to entertain themselves. The recent seizure hashish
heroine and other highly seductive psychotropic substances from the house boats
and hotels where night parties are being conducted, supports this view.
Another factor is that, youths who have taken international celebrity
icons as their role models consume drugs for showing their loyalty and respect to
him. Recently Kerala police have arrested several teenagers for possessing
ganja69. At the time of arrest the police have seized some bags and jacket from
them having the picture of Bob Marley on it. And cell phones they were carrying
have the pop songs of Bob Marley. The police have said that the drug rackets are
using Bob Marley as a mascot for selling drugs.70
GEOGRAPHICAL FACTORS
69 Ganja is the local name used for calling cannabis
70 Times of India, February 19, 2014
33
Keralas coastal area has always been a vulnerable point. Thrissur district
which has the longest coastline among the districts from Veliyankode in Ponnani
Taluk in the north to Kodungalloor in the south, had registered a large no. of cases
relating to smuggling and trafficking. In fact it has been identified as a transit
point for contraband and drugs. The districts hilly hinterland bordering the
Western Ghats are vulnerable areas as far as drugs are concerned.
The Central Board of Excise & Customs failure to operationalise Customs
Preventive Commissionerate in Kerala had earlier rendered the states600kilometer coastline vulnerable to smuggling and drug trafficking activities.
Enforcement agencies have sounded an alert on drug cartels using Kochi as a
transit point for smuggling heroin to Sri Lanka. It is suspected that truck carriers
from West Bengal, Madhya Pradesh &Bihar arrive in the city with heroin
consignments which are in turn smuggled to Sri Lanka with the help of agents71.
SOCIAL EFFECTS
34
the demand for illicit drugs has increased in the state. The studies says that the
state has been witnessing a spurt in the use of drugs, mainly ampoules of
restricted drugs, in the wake of the liquor curbs as well as tight enforcement
against drunken driving. It is feared that the situation may aggravate further with
the closure of bars and reduction in liquor supply. According to police and excise
sources, drug abuse has increased after the closure of 418 bars in April. They are
easy to consume, give prolonged kick and the police cannot easily detect them.
Till this May, the excise and police registered 939 cases under the Narcotic Drugs
and Psychotropic Substances Act (592 by police and 347 by excise). Of this, over
500 cases were initiated during April-May and the majority pertained to restricted
drugs. Enforcement officials admit that this is only the tip of the iceberg as it is
very difficult to crack the well-established racket with the present infrastructure of
the enforcement agencies72.
72 Deccan chronicle, with bars shut drug abuse goes up in Kerala(news) ,august 30, 2014
35
Another evil effect of drug abuse is the increase in the number of HIV positive
patients. Injecting drug users (IDUs) 73often share needles and syringes. One HIV
positive addict in the group spreads the infection to the rest through such
exchange of needles and syringes.
INCREASE IN CRIME RATE
Increase in crime rate is another effect of drug abuse in Kerala. Particularly most
of the sexual offences happening Kerala is the result of the use of narcotic drugs
and psychotropic substances. According to the crime records Kerala possesses
first rank in registered crimes in 2012.74The innumerable reports of crimes against
children and crimes committed by children highlighted the seriousness of the
situation. The crime records shows that most of the accused persons indulged in
sexual offenses have consumed one or other kind of narcotic drugs or substances
before committing the crime.
ECONOMIC EFFECTS
Drug abuse is a social evil. It destroys not only vitals of the society but also
adversely affects the economic growth of the state because this is a trade which
generates large un-accounted money which, in turn, leads to adoption of several
means of money laundering. The money generated is used for various purposes
including anti-national and terrorist activities and even clandestine trading in arms
and ammunition. Drug trafficking activities have sharply increased over the years
73 IDUs are addicts who inject instead of smoking, snorting or orally consuming drugs
74 National crime record bureau report 2013.
36
75 Dextropropoxyphene belongs to a group of medicines called opioids. Opioids mimic the effects of
naturally occurring pain reducing chemicals (endorphins). They combine with the opioid receptors in the
brain and block the transmission of pain signals.
37
CHAPTER IV
REMEDIAL MEASURES AND AWARENESS PROGRAMMES
TAKEN BY THE GOVERNMENT
We have discussed the various causes and effects of drug abuse in Kerala.
And we have seen that the children and adolescents are the most affected by drug
abuse.
They use drugs for many reasons - peer pressure, academic failure,
ignorance of the consequences, curiosity and fun, easy availability of the drugs,
stress, lack of communication with parents, low self-esteem, free money,
depression- the list is endless.
In the state, the state police and the state excise officers are involved in
drug law enforcement as well as in identification and destruction of illicit opium
and cannabis crops. The Social Welfare Department of the state is responsible for
drug demand reduction activities at the state level whereas the treatment of addicts
through state government hospitals is taken up by the Health Department. State
government ensures that all treatment centers meet the respective minimal
standards and that treatment programmes are complemented by rehabilitation and
social re-integration programmes. Similarly it is the joint responsibility of Central
Government and state drug controllers to take steps to implement international
standards in the prescription requirement for pharmaceutical preparations
containing narcotic drugs and psychotropic substance. The Narcotics Control
Bureau at the national level co-ordinates with the state government. In Kerala also
the police, excise officers and the Forest Department, along with the departments
of Health and Social Welfare, wage the war against drug related crimes.
38
Department
for
commencing
de-addiction
centers
in
Kollam,
39
40
creating awareness and raising learning atmosphere are some of the enshrined
goals of this campaign.
IMPLEMENTATION AND MONITORING
The government has decided to constitute a three-tier monitoring
committee to implement the Clean Campus, Safe Campus project. The structure
will consist of school, district and state-level monitoring committees. The head of
the institution will serve as the chairperson of the school-level committee, while
the district collector will chair the district-level committee. The state-level
committee will be chaired by the Additional Chief Secretary of the Home
Department.
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ROLE OF MEDIA
Media has substantial role in reaching and persuading people to adopt new
healthier life style. Medias including visual media, Newspapers, social networking
sites, Radio and broadcasting etc have the duty to shape public opinion for a
common cause. This duty of the media can be used for making aware of the
people of social evil in which they are addicted to. Considering the case of drug
abuse in Kerala media have played tremendous role in bringing about the problem
of increasing incidents of drug addiction in to the notice of government and alert
the public about the seriousness of the problem. Both TV channels and
newspapers have conducted campaigns among people through their reports.
Campaigns in socio networking sites have helped to make awareness among
youth.
ROLE OF NGOS
42
From the above study it is apparent that the government have started
looking in to the problem of increasing drug abuse in Kerala seriously by taking
effective measures such as conducting wide campaigns in schools and colleges,
and arresting offenders in connection with selling of drugs. In addition to the
measures taken by the government, the media and a number of NGOs have also
79 R. Thara, Vikram Patel, Role of non-governmental organizations in mental health in India,
www.indianjpsychiatry.org
https://
43
been participated in making the public aware of the far reaching ill effects of drug
abuse and illicit trafficking of narcotic drugs in the state. Even though the
campaigns and activities started by the government and the media have been
implemented successfully, in order to get the good fruits of these newly launched
programmes, it has to be followed up in the subsequent years.