Our Approach Should Not Be To Demonize Victims Of Drug Abuse But To Rehabilitate Them: SC Expresses Concern Over Disturbing Rise In Adolescent Drug Use
The Supreme Court, in a recent Judgment, expressed its concern over the disturbing rise in adolescent drug use and observed that urgent interventions are needed.
The Court made these observations in a Special Leave Petition filed by the accused against the Order of the Punjab and Haryana High Court by which it cancelled the bail granted to him.
The two-Judge Bench comprising Justice B.V. Nagarathna and Justice N. Kotiswar Singh said, “Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community. Given the disturbing rise in adolescent drug use, urgent interventions are needed."
The Bench added that, it is a need of the times that the end consumers of the illicit drug trade exercise community-friendly decision making and refuse to sustain the bottom-line of drug traffickers.
"Deep-rooted in our constitutional philosophy and social fabric is the vision to facilitate every citizen to be a constructive citizen, the best they can be. This vision hopes that the State’s obligation is met with a commitment to contribute as constructive citizens to the nation’s development. Part and parcel of this constructive citizenship is the positive aspect of uplifting oneself and those around towards a more participative polity and dynamic economy. Inextricably linked to this commitment is also the negative aspect of constructive citizenship, that is, to actively refrain from contributing against the interest of the community and the nation”, the Court emphasised.
The Court also remarked that the arc and web of drug trade cannot be permitted to corrode the shine of the youth of India!
Senior Advocate Siddhartha Dave appeared on behalf of the Petitioner while ASG Aishwarya Bhati appeared on behalf of the Respondents.
Brief Facts -
The NIA had approached the High Court, seeking cancellation of bail granted to the Petitioner/accused in connection with an FIR registered under Sections 21, 25, 27A, 29, and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Sections 30, 53, and 59 of the Arms Act, 1959. The said FIR was registered against one Sukhbir Singh alias Happy and during the interrogation, the Petitioner’s name surfaced. It was stated that the car in which he had been caught, belonged to the Petitioner and the car was allegedly given for onward delivery to a special person. Resultantly, the Petitioner was arrested and thereafter, recovery of narcotic substance-heroin was made. The Applications for seeking regular bail were allowed by the High Court. Even prior to the registration of FIR, another case under Sections 8(c), 21(c), 24, 25, 27A, and 29 of the NDPS Act was already registered, involving a criminal conspiracy by the arrested accused.
The FIR was in relation to smuggling and distribution of 500 kgs of narcotics, being alleged to have been illicitly transported from Pakistan to Gujarat via the sea route. Pursuantly, the Ministry of Home Affairs, Government of India transferred the investigation to NIA. The NIA took custody of Sukhbir Singh from the NIA Special Court at Ahmedabad, Gujarat after being produced by the Amritsar jail authorities in pursuance of production warrants. During his custodial interrogation, he revealed the involvement of the Petitioner and his other close aides in the drugs syndicate involved in the transportation, storage, purification, delivery, and sale of drugs in Amritsar. The Petitioner moved an Application for grant of anticipatory bail before NIA Special Court but the same was dismissed. The High Court also dismissed his prayer. Consequently, the High Court allowed the NIA’s Application and cancelled the bail and being aggrieved, the Petitioner approached the Apex Court.
The Supreme Court in the above regard, took note of the ripple effects of illicit drug trade and drug abuse. It observed that the ills of drug abuse seem to be shadowing the length and breadth of our country with the Central and every State Government fighting against the menace of substance abuse and the debilitating impact of drug trade and drug abuse is an immediate and serious concern for India.
“As the globe grapples with the menace of escalating Substance Use Disorders (“SUD”) and an ever accessible drug market, the consequences leave a generational imprint on public health and even national security. Article 47 of the Constitution makes it a duty of the State to 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”, it said.
The Court further emphasised that the State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India’s younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace.
“Despite the efforts of the State, an unprecedented scale of coordination and profit seeking has sustained this menace so hard hitting and multifaceted that it causes suffering cutting across age groups, communities, and regions. Worse than suffering and pain, is the endeavour to profit from it and use the proceeds thereof for the committing of other crimes against society and the State such as conspiracy against the State and funding terrorist activities. Profits from drug trafficking are increasingly used for funding terrorism and supporting violence”, it also noted.
Moreover, the Court explained that, from heroin and synthetic drugs to prescription medication abuse, India is grappling with an expanding drug trade and a rising addiction crisis and the Ministry of Social Justice and Empowerment’s 2019 Report (MoSJE 2019 Report) on ‘Magnitude of Substance Use in India’ revealed that nearly 2.26 crore people use opioids in India.
“After alcohol, cannabis and opioids are the next most commonly used substances in India. About 2.8% of the population (3.1 crore individuals) reported having used cannabis and its products, of which 1.2% (approximately 1.3 crore persons) was illegal cannabis and its products”, it noted.
The Court further remarked that alarmingly, the rate of opioid dependence is pacing at an alarming rate, partly due to the ongoing narcotic trade across the country’s borders and their consequent ease of availability.
“Addiction at a young age can derail academic, professional and personal aims, leading to long-term socio-economic instability of almost an entire generation. … Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community. Given the disturbing rise in adolescent drug use, urgent interventions are needed”, it said.
The Court also explained the following points -
• Parents: Parents have a crucial role in the prevention of drug abuse among adolescents. Parental awareness, communication, and support are key in mitigating the risk of drug addiction.
• Schools and Colleges: Of equal importance is the need for schools and colleges to aid the government programs in educating students about the perils of drug abuse. They must include prevention of drug abuse in their curriculum, focusing on the physical, emotional, and legal consequences of drug abuse.
• Local Communities and NGOs: Local communities should work with NGOs and law enforcement agencies to create awareness campaigns that address the risks of drug abuse with a special focus on schools and youth centres. Either through awareness campaigns, community outreach or peer education, communities can play a critical role in creating knowledgeable safe space that curb the use of drugs.
• NALSA: The National Legal Services Authority and State Legal Authorities must devise awareness programs and implement them particularly in vulnerable regions of the States and territories more exposed to drug menace.
• NCPCR and NCB: There is a need for more synergies along the lines of Joint Action Plan on “Prevention of Drugs and Substance Abuse among Children and Illicit Trafficking” developed by the National Commission for Protection of Child Rights (NCPCR) in collaboration with Narcotics Control Bureau (NCB).
• To the Youth of India: For youngsters just beginning to explore the world, the consumption of drugs in popular culture has propelled the cultural push towards a dangerous lifestyle, one that incorrigibly applauds drugs use as ‘cool’ and a fashionable display of camaraderie. We implore the youth to take charge of their decisional autonomy and firmly resist peer pressure and desist from emulation of certain personalities who may be indulging in drugs.
“The unfortunate reality is that victims of substance abuse are not limited to the unfortunate ones who have fallen prey to it but also include their family and peers. Our approach towards the victims of drug abuse must not be to demonize the victims but to rehabilitate them", it observed.
The Court, therefore, concluded by saying that, it is a need of the times that the end consumers of the illicit drug trade exercise community-friendly decision making and refuse to sustain the bottom-line of drug traffickers.
Accordingly, the Apex Court dismissed the Special Leave Petition and vacated the interim relief granted to the accused.
Cause Title- Ankush Vipan Kapoor v. National Investigation Agency (Neutral Citation: 2024 INSC 986)
Appearance:
Senior Advocate Siddhartha Dave, ASG Aishwarya Bhati, AORs Vineet Dwivedi, Arvind Kumar Sharma, Abhishek Gupta, Nikilesh Ramachandran, Advocates Sumit Kalra, Vipul Jindal, Yashika Malhotra, Anisha Arora, Simran Ahuja, Rajat Nair, Vishnu Shankar Jain, Gaurang Bhushan, Shivank Pratap Singh, Sarthak Karol, Shivika Mehra, Manisha Chava, Sagar Bhandare, Sumit Kalra, Yashika Malhotra, Anisha Arora, Simran Ahuja, Harshit Sethi, Mansi Tripathi, and Kartik Yadav.
