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anastkantdhangar · 4 years ago

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Why India’s Social Milieu Needs An Urgent Contemplation

India, traditionally, has been offering astounding variety in virtually every aspect of social life - diversities of ethnic, linguistic, regional, economic, religious, class, and caste groups crosscut Indian society, which gives light to its very inclusive, secular and democratic character. But why there has been a social unrest lately?

India ranks 144th on the World Happiness Index out of a total 156 countries on the list, even behind the likes of Pakistan, ranked 66th, and Bangladesh, ranked 107th.

17th June, 2019, a 24-year old man called Tabrez Ansari was mob-lynched in Jharkhand. He was tied to a pole sometime around midnight, and was beaten brutally till 6 in the morning, and was also forced to chant Hindu sayings. As usual, police arrived late, Tabrez was taken to the hospital, where even his blood pressure was not recorded. He died four days later.

Kashmiri Pandits were victims to a similar unfortunate happening. They were forced to exodus from their own home, and ever since, Kashmir has been even more of a hot topic.

It was a similar mob which chased and killed Inspector Subodh Kumar Singh in December, 2018 in Bulandshahr. He was trying to control a mob that had gone on the rampage after cow carcasses were discovered nearby the locality. The same mob also raised slogans against the police during the unfortunate happening.

Back then, between 2015-2018 specifically, such things were done in the name of cows, an animal which holds a religious significance in Hindu mythology. Considerable amount of such happenings on the name of cow slaughtering frequently grabbed news headlines back then, and as a consequence, consumption of beef in India saw some low. When reports of cow being starved to death in official government shelters started coming in, and also about that stray cattle were destroying crops and farmers were not very pleased with it, politics abandoned cows. It is obvious that cows, along with other animals, need to be protected, also given the fact that dairy products are a must, there needs more to be done to protect and nurse them. But the project of fear and violence that had been started, still continues in various forms.

But, unfortunately, cases of mob-lynchings still take place in our beloved India. The very recent case of Palghar district in Maharashtra, where two Hindu saints, while being in police custody and being taken to Gujarat, were attacked by locals. Reports suggest that the rumors were spread in the area about a gang which abducts children, and on the suspicion of the same, the saints were beaten to death, while the act of police standing quietly beside raised many questions.

A particular section of society, including sections of media, left no stone unturned to give it a communal angle. And there is no denying that there are communal and casteist angles to most of such cases, but there is a larger angle to it. The fact that somehow normal and a routine act it has become to lynch anyone you disagree with, who is outnumbered, is a thing which we need to question. What message are we passing on to the youth? Aspiring to be a global superpower, what are we projecting ourselves as?

The Larger Picture

Democracy has space for various views, expressing dissent in a dignified manner, solving issues, but no democracy can justify use of violence or any arbitrary means to deal with dissent. The very feeling of people that they too are ours should not be compromised at any cost.

The fact that the frequency of such acts has increased in last few years outlines that a message has been passed on to the society, especially the youth, that to beat up someone who does not agree with you, or who expresses any or some form of dissent is a normal practice. Of course, there also has to be some manner and dignity in which dissent should be expressed in a democratic society. But to suppress dissent brutally should not be a solution in a civil society.

This the reason why a new debate had acquired the headlines for some time about whether and how India has been growing intolerant rapidly, but the media and the viewers, the public, a large part of it, did not pay much attention to it. This was and is, what I believe, still a relevant question to ask and explore.

A considerable section of the youth has grasped that dissent or disagreement can be or has to be suppressed, even if it needs violence, which is more than worrisome. This is very much evident owing to recent JNU Campus Violence amongst students back in winter during anti-CAA protests. And the youth today, is the future tomorrow, which is why this makes it even more worrisome.

This even stops many from expressing their views, fearing that might get beaten up by the people having other views, and by not letting other ideas to be out there in the society, the prevailing ideas of the authorities are being hailed as champions. This is where we are failing as a democratic society. We have stopped or started to prevent asking questions.

A democratic society is always full of different ideas, views and perspectives, that is the beauty of democracy. A democratic society always cleaves up, if a one and only idea prevails in the society, there has to be something wrong, we are never going to realize what's wrong in such a scenario, and we have contemporary examples of such autocracies. And there were reasons why human, with time, switched from monarchy to democracy, he liked the idea of discussing various angles and coming up with one which could be best, as it will cover as many as loopholes, angles and point of views as possible, for the best of interests for every section of the society.

The Core Youth Issue

India’s 65% population comprises of people aged 35 or below, making it potentially one of the youngest country in the world, but what’s fresh in them?

A child learns most of the civil and moral values at home, he learns what he sees, and tends to practice the same, this is the normal scenario. What he learns through the education system, along with his moral values, is somewhat an outline of what kind of a person one is, how one’s attitude is. And India’s education system has been questioned ever since.

The Indian government’s very own draft education policy tells us that National Assessment and Accreditation Council (NAAC) rates 68% of our Universities average or below average, and 91% of our colleges are rated average or below average. These second-and third-grade colleges would have produced generations of average or below average students and scholars.

Today’s youth of India has been in the making for decades. A great deal of efforts must have been put in to finish off all the curiosity and hunger for knowledge and information. The youth no longer wants to understand why a system made them spend lakhs of rupees studying, when at the end most of them could not find jobs which could even earn them Rs.20,000 per month, but still are repaying their education loans. It is the official data released back in 2018 that around 67% families in India survive with a monthly family income of Rs. 10,000 or below.

Those who demand information, who understand their world, those who question the status quo, are the ones who sustain democracies. Can we expect such democratic ideals from the youth of a country where 91% colleges and 68% Universities are average or below average? 65% of Indians might be under the age of 35, but there’s little sign of anything fresh in their thinking. Their minds are not young. They were first burdened with great ignorance, and now they’ve been blinded by communalism.

With 91% colleges being second and third rate, it was inevitable that the youth is kept away from the realm of knowledge. This must have had a large say on why WhatsApp University became so popular, the very messages people received on their private chats must have felt to them that they now had an access to knowledge, the very fact that it was so easily accessible, made it very impactful. Lies and misleading information designed to prejudice them and incite them to violence now began to reach their smartphones as personal texts.

Fear Of Speaking Out (FOMO FOSO)

Our Lok Sabha has passed amendments to Unlawful Activities (Prevention) Act last year, that gives authorities the power to declare any individual a ‘terrorist’. After it was amended, many social workers who have worked for the under-privileged for years, and raised important issues which was not in the best of interests for the authorities, have been imprisoned under UAPA.

As an obvious consequence, many have held themselves back to not speak out on issues they would have spoken on otherwise, the fear of intolerance of some sections of the society which may turn ugly and the fear of trolls of social media of the great IT Cell may also have been the reasons for the same.

There was a very popular dissent outrage in the form of protests in the form of anti-CAA-NRC protests. Protests in cities and college campuses took place across the nation, some also turned ugly as violence broke out in certain protests. To counter anti-CAA-NRC protests, pro-CAA-NRC protests were also being held in various parts of the country, which was first of its kind. The national lockdown owing to the coronavirus pandemic has brought the topic to a stop, but during this lockdown, various student leaders of anti-CAA-NRC have been charged under UAPA.

JP Narayan addressing a rally during JP movement in 1974. Many scholars speculate that the real Emergency started not in 1975, but in 1974.

In the history of independent India, its hard to remember any other popular mass protest where people across the nation came to roads to express dissent to the authorities, only one such example crosses our minds - the JP Narayan movement in 1974, during the time when Indira Gandhi used to be the PM of India, which mostly included students, and was ultimately suppressed after imposition of Emergency in 1975. But owing to a new practice we have accepted of labeling every sound that questions the authorities as anti-nationals or leftists.

India has had a history of patriarchy, which still prevails in many forms. Women in India, historically, have not been provided equal rights and recognition as men do. In such a nation, be it in the name of anti-CAA-NRC, such a large all-women protest of a scale as big as Shaheen Bagh is a very, very rare thing. Irrespective of our political affiances and interests, the fact that historically deprived women actually came out and led a mass protest on their own, which lasted for more than 3 months and has come to a haul owing to the pandemic, this certainly deserved some thoughts.

Motive of the protest, political interests and such stuffs can be and should be questioned, but in the process we should also give some recognition to things which are rare and important.

We all may share different political thoughts, different political affiliations, but at the end of the day, we all belong to one nation, and our ideas should be for the best of interests for our nation and its people as a whole.

#india #indian government #Indian Media #indian youth #dissent #politics #society #ndtv #India Today #CNN #bbc #new york times

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itsmeprinceraj · 2 years ago

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Life could be easier when you stop fulfilling your desires because desires can be lethal when it becomes lust. -Prince Raj ... . . BOOK:- The Trail of Blood AUTHOR:- @authorsourabhmukherjee GENRE:- Crime Fiction FORMAT:- Paperback PAGES:- 199 PUBLISHER:- @srishtipub RATING:- 3.5 Stars . . The plot of the book is good but I felt it lacked a tinge of excitement I mean to say it lacked suspense throughout the book overall book is good to read but the thing is book could've been better because the plot is so good. I feel the character needed more back stories and some dark events so that the story could look more intriguing and interesting to read and could have been a page of Turner. The ending of the book is nice and I liked how the author ended the story it was weaved beautifully. The story runs parallel to the present and the past connecting dots on how it all started and how it ended. Glimpse in a blink Past In the chilly weather of January, someone calls the superintendent of police Pratap Jha at six in the morning when he was asleep the caller says " this is an emergency! a man is holding a couple of hostage near Mangolia point and he has a gun " this line was enough for the police officer to come in an action as in that terrorist were very active, that day two people were killed and three lives were destroyed. Present Life was never been easy for Deboleena after her husband died but now she has been living her life by teaching students and is a very popular singer on youtube still she misses her husband and curse that day when she lost her husband. She has been found dead in her bedroom with a man who was shot near his left temple and the blood is all over his cloth and on the wall of that bedroom. Agni Mitra had been called to investigate this high-class case because the man who has been found dead is the nephew of a big businessman and Deboleena is a popular singer, he is a famous detective and solved many impossible cases in his life but he still mourns for his wife whom he lost in one such case when killer killed his wife ruthlessly. .... (at Deoghar, Jharkhand, India) https://www.instagram.com/p/CegJ1QyrLN-/?igshid=NGJjMDIxMWI=

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odishaphotos · 3 years ago

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Naxalism

Naxalism An Indian political party

The Naxals, or Naxalites, naturally refer to communist or communist groups. In the eastern states of India, such as Jharkhand, West Bengal, and Odisha, they are referred to as Maoists. Under the Unfulfilled Activities (Prevention) Act of 1967, the Indian government has declared Naxalite terrorists.

History of Naxalism--

The word Naxal originated in a village in West Bengal, where the movement began. The Naxals are considered extremists. Their ideology is in line with China's political ideology and ideology. The ultimate goal of Naxalism is to mobilize farmers and workers against the government and the upper classes by mobilizing farmers and workers, inspired by Maoist ideology. In 1967, under the leadership of Charu Majumdar and Kanu Sanyal of the CPI (M), a peasant uprising broke out in the Naxals. Over time, the movement spread to the south and east of the countryside. For the past ten years, the insurgency has been spreading among displaced, displaced tribals. "It simply came to our notice then. Influenced by Charu Majumdar's article, "Historical Ait Documents," many urban high-ranking gentlemen supported the movement. An estimated 20,000 Naxalites were active in 2006, according to the Research and Analysis Wing of India's intelligence agency. In February 2009, the Indian central government announced a nationwide plan, such as the "Integrated Action Plan" or "Organizational Action Plan", to curb the development of the Naxalite government in the region. Community Economic Development Project.

The main reason for Naxalism is--

One of the reasons for Naxalism is the failure to comply with the fifth and ninth articles of the Indian Constitution. These standards limit the rights of indigenous peoples to natural resources. As a result, the land was handed over to the landlords, and only the remaining land was distributed among the landless farmers and workers. Racial discrimination has also fueled the movement. Injustice, low education, deprivation of political rights, social and cultural discrimination, and forced evictions from their own lands have given rise to Naxalism. For this, the Naxalites support the partition of the state.

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tachtutor · 4 years ago

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India Is Targeting Defenders of Indigenous Rights as 'Terrorists'

India Is Targeting Defenders of Indigenous Rights as ‘Terrorists’

On October 8, 2020, Indian authorities arrested Stan Swamy, an 83-year-old Jesuit priest affected by Parkinson’s disease, from his home in the state of Jharkhand. Swamy is being held under an antiterrorism law, the Unlawful Activities Prevention Act (UAPA), that a group of United Nations’ Special Rapporteurs has condemned for enabling the Indian state to designate dissidents as terrorists and…

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townpostin · 3 months ago

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Jharkhand's Ongoing Struggle with Terrorist Activities Under Focus

Recent Al Qaeda arrests add to state’s history of terror connections Jharkhand’s recurring involvement in terrorist activities underscored by recent NIA arrests of Al Qaeda suspects. RANCHI – The state’s extensive history of terrorist connections is further bolstered by the apprehension of eight suspected Al Qaeda operatives in Jharkhand by the National Investigative Agency on Thursday. Since its…

#Al Qaeda arrests in Jharkhand #राज्य #Hazaribagh terrorist incidents #Indian Mujahideen in Jharkhand #Jamshedpur terrorist links #Jharkhand ATS operations #Jharkhand counter-terrorism efforts #Jharkhand terrorism connections #NIA operations in Jharkhand #Ranchi terror suspects #SIMI activities in Jharkhand #state

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optimisticprincepainter · 5 years ago

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ODISHA GOVT. SHOULD TAKE ACTIONS FOR DRIVING OUT THE BANGLADESHI FROM THE STATE AS NIA HAS WARNED ABOUT BANGLADESHI TERROR OUTFITS :

Activities of Jamaat-ul-Mujahideen Bangladesh (JMB), a Bangladeshi terrorist organisation, have increased in Odisha, Assam and Jharkhand in recent past, said National Investigation Agency (NIA) Director General YC Modi here today.Operatives of the JMB are carrying out their activities in the states disguising as Bangladeshi immigrants, said Modi at NIA’s two-day national conference of chiefs of…

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thenorthlines · 5 years ago

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Al-Qaeda terrorist held in Jamshedpur

Ranchi, Sept 22

The Anti-Terrorist Squad (ATS) of Jharkhand Police has arrested an Al-Qaeda terrorist from Jamshedpur, a senior police officer said on Sunday. On a tip-off, a team of the ATS nabbed Mohammad Kallimuddin Muzahiri near Tatanagar railway station on Saturday, ATS Superintendent of Police, Vijaya Laxmi, told reporters here. Active with Al-Qaeda’s Indian sub-committee organisation, he…

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acharyainduprakash-astrolog-blog · 7 years ago

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Intel alerts warn of Lashkar attack on Bihar’s Thawe temple

The intelligence authorities have expressed concern over a possible attack by terrorists on a famous temple in Gopalganj district in Bihar. According to reports, Lashkar-e-Toiba terrorist Sheikh Abdul Naeem had activated a sleeper cell in the area and that cell might carry out an attack on Thawe temple in Bihar. Prabhat Khabar reported that sleuths from investigating agencies have been camping in the area, and a detailed report on the situation has also been sent to the Home Ministry. The authorities have sought additional security for the temple on immediate basis. The authorities have also highlighted that there are dozens of people inside the temple premises who have no identity card. The local police station also has no details about those people. Lakhs of devotees from Bihar, Jharkhand, Uttar Pradesh, Nepal and West Bengal converge to the temple every week. Source By : http://zeenews.india.com/india/intel-alerts-warn-of-lashkar-attack-on-bihar-s-thawe-temple-2066004.html Read the full article

#Bihar #Biharnews #BiharThawetemple #Lashkar-e-Toiba #Thawetemple

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wionews · 7 years ago

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Banning ‘The Adivasi will not dance’, the absurdity of it all

Last Friday (11th of August) the Jharkhand government banned ‘The Adivasi will not dance’, a Sahitya Akademi award winning book. Hansda Sowvendra Shekhar, the author of the book has been accused of promoting pornographic literature. Legislators across the political spectrum in Jharkhand have argued that the book has failed in depicting the reality and, thus, portrayed the tribal women in a bad light. Mr Shekhar has been subjected to legal proceedings which may eventually send him to jail.

Reality can, after all, be an illusion, and we do not need any Albert Einstein to convince us. Even our pea-sized brains know how to convert a reality into an illusion – just close our eyes, live in our own cocoons and fervently hope that the others would do the same. Our daily dose of mainstream news coverage, Facebook activities and professional engagements would additionally ensure that even this illusion would never be persistent.

Hansda Sowvendra Shekhar, the author of the book has been accused of promoting pornographic literature.

And then, all of a sudden a person from our very own cohort rises - asks uncomfortably probing questions and casually tries to get rid of our blinders. One of our own! How can we hold the sense of betrayal buried deep down in our heart? We can not, we call for revenge. Everybody who has lost their blinders' calls for revenge.

So what can be done? To start with, we ask for a ban on the books written by these traitors. Later, perhaps we would demand to taste their blood.

U.R. Ananthamurthy was lucky, in spite of the fierce criticism coming from a section of his fellow Kannada Brahmins, neither his book ‘Samskara’ was banned nor did he end up in exile. Salman Rushdie and Taslima Nasrin were not so blessed. India was the first country to ban Rushdie’s ‘Satanic Verses’, which was nominated for the prestigious Booker Prize. In the case of Taslima, two of her books, ‘Dwikhandito’ and ‘Nirbasan’ could not be released in Bengal. When she was kicked out of Kolkata in 2007, then to her fellow Bengalis remained comfortably silent. Perhaps her books being banned was a boon in disguise, otherwise, she could have met the same fate as M.M. Kalburgi. When Kalburgi’s books and writings could not be banished, he was murdered.

It has been alleged that Mr Shekhar has created a promiscuous protagonist for this story who has hurt the dignity of the tribal women.

Among the democratically elected nations, India has always been on the forefront of literary censorship. The news of banning a certain book thus does not surprise us, we must have become quite habituated with such news. But at times the absurdity in reasoning baffles us. The sheer tomfoolery of the aggrieved party seems so annoying that even our pea-sized brains cannot take it anymore. We, for once, should wake up to the reality.

Take, for instance, the case of ‘The Adivasi will not dance’ which by the way is an anthology of short stories. The legislators from BJP, Congress and Jharkhand Mukti Morcha are, particularly, perturbed with a story named ‘November is the month of migration’. The story, which is literally short (only two and a half pages long), has been tagged as pornographic. It has been alleged that Mr Shekhar has created a promiscuous protagonist for this story who has hurt the dignity of the tribal women.

Absurdity in contemporary India comes to a dime a dozen, from performing yajna for Donald Trump to theorising about interplanetary travel in the Vedic age, you name it. Visualising the twenty-year-old Talamai Kisku, the protagonist of Mr Shekhar’s story, as a promiscuous woman is as absurd as the aforementioned ones. Talamai has come from Santhal Pargana to the Bardhaman district of West Bengal in search of a job and some food. She does not find a job but instead finds a policeman who lures her with a cold bread pakora. Not just the bread pakora, in exchange for sex, Talamai is supposed to get some money too.

Mr Shekhar writes, “Talamai takes care not to scream, or even wince. She knows the routine. She has to do nothing, only spread her legs and lie quite”. Talamai indeed does nothing. Even when the policeman squeezes her breasts or bites her nipples, she does not scream, she just keeps thinking about the promised food and the money.

You did not read the story and that is how you know that Talamai Kisku has shattered the dignity of the tribal women of Jharkhand.

Does she seem like a promiscuous woman to you? Absolutely, if you haven’t paid attention to the story I was telling you. Doesn’t it all make sense now? You did not read the story and that is how you know that Talamai Kisku has shattered the dignity of the tribal women of Jharkhand. You did not even hold the book in your hands and that is why you know that Hansda Sowvendra Shekhar must be legally prosecuted for stories which he never wrote.

I guess unlike Talamai Kisku, the legislators from Jharkhand do not visit the state of Bengal that often. Good for them. Otherwise, they could have heard about a story named ‘Draupadi’ which was written by Mahasweta Devi. Dopdi (Draupadi) Mejhen, a Santhal woman, was not looking for either money or food, she was still gang raped by the army jawans because she was enlisted as a terrorist of the state.

After regaining her senses, Draupadi refused to put on any clothing and said that she was not ashamed because she could not find a man in the army camp. Stark naked, she kept pushing the commander of the army with her two mangled breasts. Imagine the audacity of the character and her creator. How would the legislators have punished them? We all know very well that Draupadi and Talamai do exist, both in our illusion as well as in our reality. And, we have miserably failed them and millions of other tribal women. Their actions differ but they display the same indifference and despair.

It is already quite absurd that instead of the award he has been suspended from his job.

I have a feeling that most of the legislators who have been asking for Mr Shekhar’s blood believe in karma. I have an advice for them, give him the ‘Jharkhand Ratna’ award, possibly a promotion too. It is already quite absurd that instead of the award he has been suspended from his job. Before the situation becomes more surreal, please take care of your karma.

‘The Adivasi will not dance’ is an outstanding book which looks at an extraordinary breadth of tribal issues that were never discussed in popular fiction. For example, the very first story of the volume, ‘They eat meat’ introduces us to a non-vegetarian tribal family who had to settle down in the western city of Vadodara where vegetarianism was the rule of the day. The daily troubles that the family dealt with are still alive and kicking, in reality. In any case, without our daily intake of silver carp or chicken, our illusory world will certainly not sustain.

Mr Shekhar deserves a thank you note for reminding us that happiness prevails only when “no one minds what we eat and we don’t mind what others eat”. And he certainly deserves much more than a thank you note (again, how about the Jharkhand Ratna?) for saying in public, for once and all, that Adivasis will not dance.

Not just the common people, even Indian auteurs such as Satyajit Ray had believed in the stereotypical images of tribal men and women dancing. Mr Shekhar’s dictum, however, does not originate from the lessons learnt from our past mistakes, the pronouncement is there because we fail to answer a simple question, “Do we have a reason to be happy”?

With such an absurd book ban in place, we certainly do not have any reason to celebrate. Not even on our independence day.

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loyallogic · 4 years ago

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Laws for Naxalism in India and its Reforms

This article is written by Shivani Nair, from Manipal University Jaipur. This is an exhaustive article which deals with the topic of the Laws for Naxalism in India and the reforms that are needed to tackle the issue of Naxalism in India.

Introduction

Democracy has been noted as the strongest voice of the people, be it for the tangible interests of the people or the intangible interests of the people. The term Naxalism has been used as an expression of the socio-economic view of understanding. The young and fierce ideology of the rebel minds caused a surge in the movement, giving it the name of Naxalism in India. It was the beginning of a movement that would create a “liberated zone”.

Naxalism in India

The term “Naxal” derives from the village named “Naxalbari” which is situated in the state of West-Bengal, from where this movement originally came into existence. These groups of people are considered to be far-left radical communists that support the Maoist political sentiment and ideology. The origin of the Naxalites can be traced back to the split in the Communist Party of India (Marxist), which led to the formation of the Communist Party of India (Marxist-Leninist). In the beginning, the movement had its origins in West Bengal followed which it spread to the lesser developed areas of the rural southern and eastern Indian territory such as Chhattisgarh, Odisha, and Andra Pradesh. For the last ten years, it has grown and displaced the tribal areas and the natives’ lands who are fighting against corruption and exploitation from the major Indian Corporations.

The generic terms that are used to identify them are “Naxalites”, “Naxals” and “Naksalvadi”. These groups have been declared as terrorist organisations by the government of India under the Unlawful Activities (Prevention) Act of India, 1967. The leaders of these Naxal movements have their hideouts in China. The Indian Government has made measures to curb Naxalism and rehabilitate the affected populace. The problem was not in the laws made against them. The problem has always lied in the fact “how can we communicate these laws and provisions to the local and the isolated masses, who have no means of communication, in a substantiated way. The attempt lies in finding the solution to this problem.

Causes of the Naxalite Movement

The main reason for the beginning of this movement was the lack of human development and the resentment amongst the people. The people have felt alienated and excluded. In addition to this fact, people were exploited by the local elites of the areas that resulted in torture of the poor tribals. The people who belong to the Naxal groups have received the most of their support from the tribals living in the areas, i.e., the Dalits and the Adivasis. The reasons for their support are manifold. What is common amongst these groups is the degree of unemployment and qualification. The recent forest policies made by the government which has restricted their livelihood, the cultural humiliation they face, not being able to access good healthcare, education, and power, the atrocities they face on a daily basis, the political marginalisation and the protests that they do, can also be included in this. The states that have surfaced as the hotpots for the Naxalites have a substantially high record of the crimes that have been committed against the neglected groups that include the Dalits and the Adivasis.

It has also been shown that a large number of neglected groups were not given opportunities in government’s services. The attempts made by the government to increase its influence in the backward areas have resulted in the repression of the inhabitants. The authorities of the state such as the forest officers have subsequently disrupted their social bond.

The most Naxal affected states are Jharkhand, Chhattisgarh, Bihar, Andhra Pradesh, and Madhya Pradesh. Each of these states are rich in natural resources. Such an abundance of natural resources has been one of the reasons for the promotion of the Naxal movement in these states. The reasons why this movement has grown could be enumerated.

Such as, the very slow implementation of the reforms related to the land could be one of the major reasons. The landlords, who have generally been termed to be corrupt, have frequently moved to the courts to get these reforms delayed. They are also known to have connived with the local politicians to make the land reforms process slow and cumbersome. The reforms related to the land have thus failed to come into play.

The second reason could be the social structure of the areas where the Naxal activities are prevalent. Most of the problem arises in the areas where there are poor people as the residents who have absolutely no or minimal resources to meet their ends. However, it would not be appropriate to include just one caste in the society who are marginalised. The sections which are poor have been known to be of many castes. However, the reason why they have been in support of the Naxalites is that they have often been neglected and do not even have the basic education or the healthcare facilities and by the government’s rules, their livelihoods have also been affected.

In addition to this, the people in rural areas want to have the same infrastructural facilities and other facilities that are available in the urban areas. They are able to draw the distinction in the facilities they are being provided with and the facilities that they should be provided with.This highlights not only the situation of the areas but also the situation where it shows the failure of the government to provide anything to the rural areas. Despite having an abundance of schemes, they are unable to help the people living in those areas because of the lack of proper implementation of these schemes.

Laws made to tackle Naxalism

There have been a few laws made by the government that are intended to curb Naxalism. These are:

National Rehabilitation and Resettlement Policy, 2007– the main function of this Act was to reduce the displacement of the people of these affected areas as well as to provide good alternatives for the dispersal of the people. The government had made this policy for the people whose land is acquired by the government for industrial growth. Under the said policy, in exchange for land, an employment opportunity shall be given to at least one member of the family along with the vocational training and the housing facilities.

Forest Rights Acts, 2006– This Act has acknowledged the rights of the forest dwellers and the scheduled tribes who have been living in the forest areas but their rights have not been recognised.

Chhattisgarh Special Public Securities Act, 2006– this act has provided for the definition of the unlawful activities that have been prevalent in these areas and have also declared certain organisations as unlawful. This act gives the government the power to form an advisory board, wherever the state government feels that it needs to be established. It also states its procedures, formation of such a board and penalties with punishments. Even for not committing a crime, the power to notify the place that is being used for an unlawful purpose, whilst taking note of the place and bar/revision against the intervention of the courts lies with the government.

The Chhattisgarh Special Public Securities Bill of 2005– It provides for the fact that the District Magistrate of any district has an unconditional power to notify those places he thinks are being used as places for unlawful activities without any notification that has to be stated priorly. There is no requirement such as the production of the evidence in such a case to prove that the place which the District Magistrate has marked unlawful, actually conducts these unlawful activities. This bill has provided that any revision petition against the order of the government and the District Magistrate can only be filed at the High Court. Also, this petition has to be filed within 30 days and no court has jurisdiction against the order of the decision made by the High Court. Any sort of revision petition or the application or any form of injunction by a court or the officer except for the High Court or the Supreme Court related to any action that has to be taken, has been completely barred in this Bill.

The sad part of this bill is that it is a blatant violation of the principle of natural justice and the fact that the aggrieved parties have no right to be heard is another violation. Therefore, it can be stated that the Bill has been completely uncalled for and has only been brought to have control over the poor people.

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Are these laws effective?

Now that we know about the laws, the question that now arises, and perhaps the most important question is, are these laws that have been made, really effective?

The primary answer that on behalf of the government would be, yes. But the ground reality states otherwise. These laws have caused a lot of problems for the people who belong to the scheduled tribes and the scheduled castes. The Acts that provide a “land for a land” has turned out to be nothing but a nightmare for the people as well as the government and has also blocked the industrialisation in the Naxal areas.

What reforms are needed?

The complex causes of the problem related to the Naxals as well as their implications for both the external as well as internal security reasons reflect a multidimensional solution. This calls for a collaboration between the center as well as the states. In order to completely eradicate the threat of the Naxals, the government has to ensure that they dig deep into their root causes and address the issues. This problem now calls for a three-parted solution. These are:

Socio-economic Development- the Naxalites are fueled by the discontent by the governmental bodies, therefore it is important to address these issues. When the national budget is being made, the first priority is to be given to these poor regions through initiatives regarding the health and safety provisions whilst providing them social reforms as well as educational developments. The service delivery of the government must be improved in these areas. The regulations of providing minimum wages and other basic needs must be implemented. If these issues are addressed, then there will be no discontent on behalf of the Naxalites.

Multilateral Dialogue- The government should initiate proper dialogues with these groups that have been marginalised, the Naxalites and the local leaders of the areas. Communication is the key to the feeling of being heard. The only reason why these groups supported the Naxalites was because the government has been unaware and indifferent to their claims. By communication, their views will be taken into consideration and they would not need to resort to violence.

Military- the main instrument that the government uses currently is the military force. This has increased the deployment of the military in Naxal areas. It has also reduced its territory to those areas where there could be potential threats instead of the Naxal areas. While some amount of military force is still needed to keep them under check, it should not be the only form that is required to combat the Naxalites. Coercion by the state will only provoke the groups to rebel even more.

Governance- The growth of such a group also discloses the flaws in the structure of the government and the rules and regulations made by them. The government has the overall responsibility to address the threat and hence the states need to come together with the Union to combat the issues in a multidimensional way. Both the organisations must support and complement each other’s strategies and ideas.

Conclusion

The state must start to tackle issues legally and try to minimise the collateral damage that has been caused. They should strengthen the leader and the security as well as the peace-keeping forces. The security forces could be used to protect the local populace instead of merely targeting the Maoists. Until the governments implement the laws in these states, it will be very difficult to tackle such issues.

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loyallogic · 4 years ago

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Laws for Naxalism in India and its Reforms

Introduction

Naxalism in India

Causes of the Naxalite Movement

Laws made to tackle Naxalism

There have been a few laws made by the government that are intended to curb Naxalism. These are:

Forest Rights Acts, 2006– This Act has acknowledged the rights of the forest dwellers and the scheduled tribes who have been living in the forest areas but their rights have not been recognised.

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Are these laws effective?

Now that we know about the laws, the question that now arises, and perhaps the most important question is, are these laws that have been made, really effective?

What reforms are needed?

Conclusion

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

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loyallogic · 5 years ago

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Drug Possession: Policies and Standards you must know

This article is written by Komal Kumari, a 4th year student of BA.LLB in Lloyd Law College, Greater Noida. The article focuses on the aspects of Drug Possession, types of drugs, and the drug control strategy and policies laid down by the Central government.

“Smoke away your worries.” In our country, individuals love to get high on weeds. Isn’t this an irony that the possession of drugs has so many aspects, the first one that we have on our hands is that we give such a huge importance to our culture, our mythology, we are known as the land of shiva, whom we worship and to whom we offer bhaang (a kind of drug) as in holistic manner an offering to the lord, distribute as the offering (prasad) on occasions like holi, akha teej, etc, unlike other countries we have a cultural connection of using certain natural forms of narcotic substances for celebrating some religious festivals and on the other hand we have banned the possession of the same substance and termed it as illegal in the country because it has repercussions or rather a huge impact on the health of any individual consuming it and does lead to serious crimes of trafficking, drug abuse and serious impact on the economy as well. The use of drugs leads to a number of criminal activities and family disintegration. The war on drugs has resulted in crimes ranging from blue-collar to white-collar crimes. In this era when terrorism is a global threat, drugs are used in the form of funding for terrorist activities. All of these require proper and effective laws to fight the evils of drug possession.

Types of Drugs

OPIUM – Papaver Somniferum, commonly known as the opium poppy, is a species of flowering plant in the family Papaveraceae. It is a plant that grows in many countries around the world with a moderate climate. Raw Opium is a non-homogeneous material, sticky, tar-like and dark brown when it is fresh, and becomes brittle and hard as it ages. Opium contains a class of naturally occurring alkaloids known as opiates which includes Morphine, Thebaine, Codeine, Papaverine, Noscapine and Oripavine. Heroin is synthesized from Opium.

Medical Opium: The Opium that undergoes the necessary process to adapt for medical use as per the requirements of the central government.

Morphine: This is also known as Mud, Morf, Morpho or Goma etc. This is a refined version of opium formed by mixing opium gum with Lime water and a few organic solvents.

Heroine: This is also known as Brown Sugar, Mexican Mud, Smack, Crap, Horse, Junk and Big H etc. It is made when morphine is further refined by treating it with acetylene anhydride (AC20).

Codeine: Another derivative of opium which is usually found in cough syrups.

Poppy straw – The husk left after the extraction of opium from the pods. It consists of small quantities of morphine, which is used as a drug.

Trafficking trend – Trafficking of Opium mainly takes place in Punjab, Rajasthan, M.P., Bihar, Jharkhand, Manipur and Gujarat.

HEROIN – Heroin is also known as di-acetyl morphine, is an opioid made from morphine, after processing it with Acetic Anhydride. It comes out in a variety of colours ranging from white, o white and brown to grey. Colours also depend on the impurities added as it passes through a number of hands due to successive levels of adulteration. The South West Asian origin Heroin (white and brownish mostly) that enters India through the Indo-Pak border has a higher level of purity.

Trafficking trends – Major trafficking of Heroin in India takes place through Indo-Pakistan border mainly in the states of Punjab and Jammu & Kashmir. From these states Heroin is trafficked into other states.

CANNABIS – Cannabis is a genus of flowering plants in the family Cannabaceae. The Cannabis, produced from the Cannabis sativa plant, is used in three forms: herbal Cannabis, the dried leaves and flowering tops. Cannabis is also known as ‘Ganja,’ or ‘Weed’. Cannabis resin, the pressed secretions of the plant, known as ‘Hashish’ or ‘Charas;’ and Cannabis oil, a mixture resulting from distillation or extraction of active ingredients of the plant.

Trafficking trends – Trafficking from the North-East India to eastern states is mainly by surface transport. Trafficking in substantial quantities takes place across India – Nepal border and in the states of Andhra Pradesh, Odisha, Uttar Pradesh, West Bengal and Tripura. The main transit routes for Ganja are through Assam, West Bengal, Bihar, Uttar Pradesh, Nagaland and Chhattisgarh.

HASHISH – Hashish, or Charas, is a drug made from cannabis. Hashish is cannabis resin. Generally, Hashish is extracted from the plants by rubbing the flowering tops of the plant between the palms of the hand or on rubber sheets.

Trafficking trends – Charas/Hashish is derived from the illicit cannabis cultivation by the drug traffickers especially in the districts of South Kashmir and Kullu in Himachal Pradesh. There is a trend of trafficking of Charas from Kashmir to Maharashtra, Rajasthan, Goa & Gujarat. Charas is also trafficked from Nepal to India.

COCAINE – Cocaine is a powerful addictive stimulant drug made from the leaves of the coca plant native to South America. It is known as a street drug, it looks like a fine, white, crystal powder. The primary markets are North America and Europe. In India, cultivation of coca plant is not done. However, Cocaine is mainly smuggled in by West African drug trackers.

Trafficking trends – Smuggling of cocaine is mostly being done by African nationals based in India. Instances of Cocaine being smuggled from Argentina, Brazil and South America have also come to notice. Seizures of Cocaine in India have been made mostly at the airports. The trafficking of small quantities of Cocaine is usually done through parcels hidden in common household articles like food items, utensils, cosmetics, books, and clothing.

ACETIC ANHYDRIDE – One of the largest producers of Acetic Anhydride for legitimate usage is India. It is widely used by the pharmaceutical and textile industries in India as well as being used for the illicit manufacture of Heroin.

Trafficking trends –

The medicines having narcotic/psychotropic components are under the dual control of Drugs and Cosmetic Act as well as the NDPS Act, the latter being more stringent.

There also exists a loose regime of over the counter sale of drugs under the category of dispensation against valid prescriptions.

Abuse of pharmaceutical drugs is prevalent in virtually all states of northern India.

Abuse of Codeine Based Cough Syrups.

Trafficking of CBCS is mainly along the border, especially at Indo-Bangladesh. Codeine based cough syrups are mainly tracked from Northern states like U.P, Delhi, Bihar to Northeastern states by road in trucks and railway parcels and there to Bangladesh. CBCS brands like Corex, Phensedyl, Recodex are abused and trafficked.

Abuse of Depressants: Alprazolam, Diazapam, Clonazepam, Lorazapam, Benzodiazepine etc.

Tramadol is used like codeine. It is not covered under NDPS Act, 1985. It is a Schedule ‘H’ drug under the Drugs & Cosmetics Act, 1940 and can only be dispensed under the prescription of a registered Medical Practitioner. Tramadol is also not included in any of the Schedules of 1971 UN Convention on Psychotropic Substances. It is banned in many of the countries resulting in the smuggling through India.Tramadol is trafficked via courier and manual means to countries like US, Canada etc. The notification of tramadol under NDPS Act is under consideration.

Ayurvedic tablets containing Opium like Kamini Vidrawan Ras, Barshasa.

Diversion of tablets containing Ephedrine/ Pseudo-ephedrine.

Use of Internet for smuggling these pharmaceutical drugs is on the rise.

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Psychotropic Substance

Seven (7) NPS were notified under NDPS Act as per recommendation of 59th Commission on Narcotic Drugs. Out of 7 NPS, 5 were notified as Psychotropic Substances. The name of a few chemicals scheduled as Psychotropic Substances are as follows:

Para-methoxymethylamphetamine (PMMA), is notified as ‘Psychotropic Substance’.

pyrrolidinovalerophenone (PVP), is notified as ‘Psychotropic Substance’.

methoxetamine (MXE), is notified as ‘Psychotropic Substance’.

Phenazepam, is notified as ‘Psychotropic Substance’.

Is it illegal to be high?

It is illegal to be high in India as provided under Section 27 of the NDPS Act, which provides for the punishment for the consumption of any Narcotic drugs or psychotropic substance stating that any individual who consumes any kind of narcotic drugs or psychotropic substances would be punishable, if the substance which has been consumed is morphine, cocaine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified by the Central Government in this behalf with a stringent punishment of imprisonment for a term which may extend to one year, or to pay a fine which may extend to twenty thousand rupees,or with both. If the narcotic drug or psychotropic substance consumed is other than those mentioned above than the punishment would be imprisonment for a term which mav extend to six months, or to pay the fine which may extend to ten thousand rupees or with both.

With the exception of scientific and medical purposes the following actions pertaining to drugs are termed as illegal:

Cultivation or growing opium, poppy or any cannabis plant.

Possessing any kind of narcotic drugs or psychotropic substances.

Sale or purchase of narcotic drug or psychotropic substance.

Using raw materials from the source for making of any narcotic drug or psychotropic substance.

Carrying or transporting narcotic drug or psychotropic substance from one state to another, into union territory, importing or exporting from the country.

Consumption of narcotic drugs or psychotropic substance.

Ware-housing or storing large quantities of narcotic drugs or psychotropic substances.

Felony drug possession

The term Felony originated from English Common law, it is defined as a crime of a serious nature, it can be violent as well as non-violent. Felonies are punishable by imprisonment for a minimum term of one year, to which additional punishment including capital punishment can be included. Crimes are usually divided into two heads, felonies and misdemeanours based on nature and the punishment (maximum punishment) which can be imposed. Felony involves serious misconduct that is punishable by death. The NDPS Act, 1985 had the provision of death penalty for subsequent convictions for trafficking large quantities of drugs under Section 31A of the act but through the amendment of 2014 the provision of the death penalty has been made discretionary for the judge by providing a sentence for 30 years. But on the other hand, this same amendment increased the punishment for “small quantity” offences to 1 year from a maximum period of 6 months. Therefore, the offences related to large quantities of drugs can be termed as felony.

Drug Trafficking

Drug trafficking is the term used for referring the cultivation, production, consumption, import, export or smuggling of narcotic drugs and psychotropic substances at national as well as international level. There is a huge menace of drug trafficking, that is required to be controlled and for the same Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic substances Act was enacted. International Day against Drug Abuse and Illicit Trafficking is celebrated on June 26, this is an act initiated by the world community to make the people aware of the menace of drug abuse and especially the youth.

There are various internal and external factors contributing to the drug trafficking scenario in India. The geographical location of India is as such, it makes it vulnerable to transit, trafficking and consumption of Opium derivatives in various forms along the known trafficking routes. One of the major external factors is related to be India’s close proximity to the major Opium producing regions of SouthEast and SouthWest Asia known as the ‘Golden Crescent’ and the ‘Golden Triangle’. A few of the internal factors which are responsible for drug trafficking are illicit cultivation of Poppy and the diversion of Opium sources from the licit sources into illicit production in interior areas.

The major reason of illicit drug trafficking is the geographical location of India, making our country as the transit country since a long time resulting in the smuggling of drugs into the country as well as out of the country, leading to the problem of drug control in India. In order to fight the problem of smuggling and trafficking, India has developed various policies and strategies i.e., Enforcing and surveying the import, export points and land borders, trying to improve the coordination between the various drug law enforcement agencies, intercepting and preventing the movement along the known drug routes, international co-operation to facilitate coordination and universal action, strengthening the intelligence apparatus for improving the analysis, collection, collation and dissemination of operational intelligence.

The concern of Supreme Court regarding drug trafficking can be described through the case of Durand Didier vs Chief Secretary, Union Territory, 1989 AIR 1966, 1989 SCR (3)1025, where the court stated that – “ With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizable section of the public, particularly adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. Therefore, in order to effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole, the Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine.”

Possession of drugs on school grounds

Youngsters and teenagers always try to be adventurous and want to try out new things through which they can prove that they can do things. This is the age when the addicts usually get initiated into drugs abuse. Through a survey conducted by the East Delhi Municipal Corporation (EDMC) on the orders of the Delhi High Court’s Juvenile Justice Committee. It was found that 12,627, or roughly around 16.8% of 75,037 students across 368 schools are using substances. Out of this, 8,182 students were using betel nuts (supari) mixed with dried opium shells; 2,613 students chewed tobacco; 1,410 students smoked beedis and cigarettes; 231 consumed alcohol; and 191 used inhalants such as fluid, petrol, sulochan (an industrial glue) and injectable drugs.

Section 32B of the Narcotic Drugs and Psychotropic Substances Act mentions that if the offence is committed in any educational institution or social service facility or even 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 offence. And in to tackle the problem of sale of drugs to school and college children:

The Local police shall pay special attention to areas surrounding schools and colleges in their efforts to tackle drug peddlers.

Schools and colleges will be encouraged to look out for peddlers in their vicinity and report them to police.

Schools and colleges will be encouraged to conduct surveys (possibly anonymous) to assess the levels of drug addiction among their students, and if addicted students can be identified, counselling sessions with their parents or wards to find medical help them from fighting this addiction.

Inclusion of a comprehensive chapter on drug abuse, illicit trafficking and its socio-economic cost to self, society and the country by the Central and State Education Authorities.

Constitution of Anti-Drug Club in schools and colleges to promote a drug free life among its members and also in the institution.

First time possession charge

The degree of punishment under the NDPS Act is devised not on the type of activity but to the proportional amount which is being carried. As per the Indian government, narcotic offence is more heinous than murder because the latter affects only an individual while the former leaves its deleterious impact on society. Nevertheless, drug dependant people, who are charged with the consumption of drugs or with an offence involving small quantity can choose to undergo medical treatment and get exempted from prosecution as provided under Section 64A of the said act. As per this section any individual who is charged with an offence punishable under Section 27 of the act which mentions the punishment for consumption of these substances or with offences involving small quantity of narcotic drugs or psychotropic substances, can voluntarily opt to undergo medical treatment for de-addiction from a hospital, an institution maintained/recognised by the Government or a local authority, shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances. This immunity can be withdrawn if the individual does not undergo the complete treatment for de-addiction.

Punishment for Drug Possession

The punishment under the NDPS Act depends on the quantity of drugs involved, here is a list of a few drugs and the quantity as specified under the Act:

Drug

Small Quantity

Commercial Quantity

Amphetamine

2 grams

50 grams

Buprenorphine

1 gram

20 grams

Charas/Hashish

100 grams

1 kg

Cocaine

2 grams

100 grams

Codeine

10 grams

1 kg

Diazepam

20 grams

500 grams

Ganja

1 kg

20 kg

Heroin

5 grams

250 grams

MDMA

0.5 grams

10 grams

Methamphetamine

2 grams

50 grams

Methaqualone

20 grams

500 grams

Morphine

5 grams

250 grams

Poppy Straw

1 kg

50 kg

Punishment in relation to the violation of provisions related to poppy straw, prepared opium, opium poppy and opium, cannabis plant and cannabis, as mentioned in Section 15, 17, 18 & 20 of NDPS Act as-

Anyone who violates the provision of this act, or any other rule or condition of license mentioned under this Act, by producing, manufacturing, possessing, purchasing, selling, transporting, importing or exporting inter-state will be punishable with-

Rigorous imprisonment for a term which may be extended to one year, or a fine which may be extended to ten thousand rupees or with both if the contravention involves small quantity.

Rigorous imprisonment for a term which may be extended to ten years, and a fine which may be extended to one lakh rupees if the contravention involves quantity less than commercial quantity but more than small quantity.

Rigorous imprisonment for a minimum term of ten years and can be extended to twenty years, and also a fine for a minimum amount of one lakh rupees and may be extended to two lakh rupees if the contravention involves commercial quantity.

And if the reasons that have been recorded by the court, the fine imposed can exceed two lakh rupees.

Punishment in relation to violation of provision by cultivating any Cannabis plant as provided in Section 20 of NDPS Act as-

Rigorous imprisonment for a term which may be extended to ten years and also a fine which may be extended to one lakh rupees if the contravention is the cultivation of cannabis.

Punishment in relation to violation of provision related to coca plant and coca leaves as provided in Section 16 of NDPS Act as-

Anyone who violates the provision of this act, or any other rule or condition of license mentioned under this Act, by cultivating any coca plant or gathering any portion of the same or by producing, manufacturing, possessing, purchasing, selling, transporting, importing or exporting inter-state or uses coca leaves will be punishable with rigorous imprisonment for a term which may be extended to ten years with a fine which can be extended to one lakh rupees.

Punishment in relation to embezzlement of opium by cultivator as provided in Section 19 of NDPS Act as-

Any cultivator, who is licensed to cultivate opium poppy, embezzles or illegally disposes off the opium produced or any other part of it will be punishable with rigorous imprisonment for a minimum term of ten years and which may be extended to twenty years with a minimum fine of one lakh rupees which can be extended to two lakh rupees.

And if the reasons that have been recorded by the court, the fine imposed can exceed two lakh rupees.

Punishment in relation to the violation of provisions related to psychotropic substances, manufactured drugs and preparations, as mentioned in Section 21 & 22 of NDPS Act as-

Anyone who violates the provision of this act, or any other rule or condition of license mentioned under this Act, by manufacturing, possessing, purchasing, selling, transporting, importing or exporting inter-state or uses any psychotropic substances, manufactured drugs and preparations, will be punishable with-

Rigorous imprisonment for a term which may be extended to one year, or a fine which may be extended to ten thousand rupees or with both if the contravention involves small quantity.

And if the reasons that have been recorded by the court, the fine imposed can exceed two lakh rupees.

Punishment in relation to illegal import into India, export from India or transhipping narcotic drugs and psychotropic substances, as mentioned in Section 23 of NDPS Act as-

Anyone who violates the provision of this act, or any other rule or condition of license mentioned under this Act, imports into India export from India or transhipping narcotic drugs and psychotropic substances, will be punishable with-

Rigorous imprisonment for a term which may be extended to one year, or a fine which may be extended to ten thousand rupees or with both if the contravention involves small quantity.

And if the reasons that have been recorded by the court, the fine imposed can exceed two lakh rupees.

Punishment in relation to violation of Section 12 which provides the restrictions over external dealings in narcotic drugs and psychotropic substances, is mentioned in Section 24 of NDPS Act as-

Anyone who gets involved or controls any trade through which any kind of narcotic drugs or psychotropic substance is supplied to any person outside India or obtained outside India without prior authorisation of the Central government or as per the guidance provided will be punishable with-

Rigorous imprisonment for a minimum term of ten years and which may be extended to twenty years with a minimum fine of one lakh rupees which can be extended to two lakh rupees.

And if the reasons that have been recorded by the court, the fine imposed can exceed two lakh rupees.

Section 25 provides the punishment for knowingly allowing one’s premises to be used for commission of an offence as-

The same punishment that has been awarded for that particular offence.

Punishment in relation to violations pertaining to controlled substances, as mentioned in Section 25A of NDPS Act as-

Rigorous imprisonment for a term which may be extended to ten years, and a fine which may be extended to one lakh rupees.

And if the reasons that have been recorded by the court, fine can exceed one lakh rupees.

Punishment for the consumption of any narcotic drug or psychotropic substance, as mentioned in Section 27 of NDPS Act as-

Rigorous imprisonment for a term which may be extended to one year, or a fine which may be extended to twenty thousand rupees or with both if the contravention involves small quantity if the substance consumed is cocaine, morphine, diacetylmorphine, or any other drug as has been specified by the central government.

If the substance consumed is other than those mentioned above then with imprisonment which may be extended to six months, or with fine which may be extended to ten thousand rupees, or with both.

Punishment for financing illicit trafficking and harbouring offenders, as mentioned in Section 27A of NDPS Act as-

Rigorous imprisonment for a minimum term of ten years and which may be extended to twenty years with a minimum fine of one lakh rupees which can be extended to two lakh rupees.

And if the reasons that have been recorded by the court, fine can exceed two lakh rupees.

Punishment in relation to attempts to commit offence, abetment and criminal conspiracy, as mentioned in Section 28 & 29 of NDPS Act as-

The same punishment that has been awarded for that particular offence.

Punishment in relation to preparations to do or omit to do anything which would constitute an offence punishable under any of the provisions of this Act, the person shall be punishable with half of the punishment with which he would have been punishable in the event of his having committed such offence and the same applies with the fine which would have been imposed, if the reasons that have been recorded by the court a higher fine can be imposed, as provided under Section 30 of the NDPS Act.

Punishment in relation to repeated offence the person shall be punished with rigorous imprisonment which would extend to one and one-half times the maximum term which has to be served and the same applies to the fine imposed that it will be extended to one and one-half times the maximum amount. If the reasons that have been recorded by the court a higher fine can be imposed, as provided under Section 31 of the NDPS Act.

As per Section 32, imprisonment up to six months, or fine, or with both is the punishment prescribed for violations that haven’t been mentioned elsewhere.

Punishment for possession of marijuana

Marijuana is a mixture of the dried flowers, leaves, stems and seeds of Cannabis Sativa, a greenish-gray mixture. Tetrahydrocannabinol or THC is found in marijuana along with hundreds of other compounds. There are a number of slang terms used for referring marijuana i.e., ganja, herb, pot, bud, Mary Jane, weed, grass. It is considered as a soft drug( a drug of abuse which is considered relatively mild and likely not to cause addiction). People get high on this substance by smoking through pipes, water pipes which is often termed as bong; through hand-rolled cigarettes known as joints; by rolling these in cigar wraps termed as blunt. Smoking is not the only way for the consumption of this substance it is used for preparing tea (mostly when it is used for medicinal purpose), is mixed in edibles like candies, cookies and brownies. Marijuana is not only used for getting high but also has various medicinal benefits which help in the treatment of various kinds of disease i.e., is given to cancer patients during the chemotherapy treatment to relieve the patient from nausea and vomiting as well as for the treatment of the loss of appetite in AIDS patient. This medical marijuana is known as Marinol (Dronabinol), it is a synthetic form of tetrahydrocannabinol.

Section 20 of Narcotic Drugs and Psychotropic Substances Act specifies the punishment in relation to cannabis or cannabis plant, as-

Anyone who violates the provision of this act, or any other rule or condition of the license mentioned here, by cultivating, producing, manufacturing, possessing, purchasing, selling, transporting, importing or exporting inter-state or using cannabis will be punishable with-

Rigorous imprisonment for a term which may be extended to ten years and also a fine which may be extended to one lakh rupees if the contravention is the cultivation of cannabis.

And if the contravention is related to all the other matters mentioned above apart from cultivation then-

Rigorous imprisonment for a term which may be extended to one year, or a fine which may be extended to ten thousand rupees or with both if the contravention involves small quantity.

And if the reasons which have been recorded by the court, the fine imposed can exceed two lakh rupees.

Is Bhaang beyond the purview of Narcotic Drugs and Psychotropic Substances Act, 1985

As per the Narcotic Drugs and Psychotropic Substances Act, Cannabis along with its various different forms i.e., charas, ganja, bhaang, marijuana, hashish are termed as illegal and possession of the same has been termed as unlawful.

Cannabis is defined under Section 2 (iii) & (iv) of NDPS Act, as “cannabis(hemp)” means-

Charas is the separated resin, in any form be it purified or crude which has been obtained from the cannabis plant and includes the concentrated preparation and resin which is known as hashish oil or liquid hashish;

Ganja is the flowering or fruiting top of the cannabis plant excluding the leaves and seeds when not accompanied by the tops;

Any kind of mixture, with or without any kind of neutral material of any form of cannabis which has been mentioned above or any drink prepared from it.

“Cannabis plant” is for referring any plant of the genus cannabis.

And the punishment for the same has been provided under Section 20 of the Act.

However, a captivating factor here is that the preparation of bhaang has not been covered by this Act. Bhang is the term used for a preparation made from cannabis leaves consumed in India on various festivals. As there is no use of cannabis resin or the tops in the preparation, the Act does not cover it. Various state governments permit the production and sale of Bhang. The person licensed to produce bhaang is allowed to produce only from the leaves of the wildly grown cannabis plants, if in anyway it is found that there has been a use of the flowering tops or the resin produced from the cannabis plants the person committing this act will be punishable as per the provisions of the NDPS Act, 1985.

The question of whether bhaang is under the purview of the NDPS Act, 1985 has been a topic of discussion for the legal and medical experts. Judgement for the same has been provided through various cases where the court has decided that the leaves, dry leaves or seed does not fall within the purview of the Act because the seeds and leaves have been specifically excluded from the definition provided in Section 2(iii) of the said Act. A few cases have been mentioned below:

Sevaram vs State Of Rajasthan on 2 December, 1992

Madhukar S/O Pandurang Kanthale vs The State Of Maharashtra, (2002) 104 BOMLR 908

Arjun Singh vs State Of Haryana on 21 August, 2004

Narcotic Drugs and Psychotropic Substances Act

Narcotic Drugs and Psychotropic Substances Act is also termed as the NDPS Act, made with the purpose to control drug abuse and prohibit its use, distribution, manufacture, dissipation, and trade of substance of abuse. Narcotic drugs are those which induce sleep whereas psychotropic substances have the ability to alter the mind of an individual. The act came into existence on 14 November, 1985. As there are various kinds of drugs that have huge importance in the field of medicine. The proper utilization is required because the same drugs can give you life as well as snatch it away, if not used properly. Therefore, the act does provide the provisions required for the production, cultivation of cannabis, poppy, or coca plants and manufacture of psychotropic substances for medicinal requirements. The main focus for the enactment of this act is to possess control on manufacture, possession, sale and transport of such narcotic and psychotropic substances. This act bans around 200 psychotropic substances resulting in the process that no individual can get these drugs without prescription. These substances would only be available when proper prescription would be provided. If this law is violated it may result in rigorous imprisonment or fine or both in the form of punishment. The degree of punishment is devised not on the type of activity but to the proportional amount which is being carried. The degree of punishment is dependant on case to case basis if the drugs are being used for personal consumption the punishment may be less, varying from that when it is used for other purposes. The act has been amended in 1989, 2001 and recently, in 2014. Various changes have been brought in the Act through The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014:

It created another class of “essential narcotic drugs”.

Widened the goal of the law from illicit traffic to scientific and medical use.

Increased the degree of punishment from six months to one year of imprisonment for small quantity offences.

Providing a more detailed provision relating to the property derived from offence and the report of seizure of property of the person arrested by the notified officer.

Making capital punishment optional.

Upgrading the rank of officers by giving them approval for conducting search and arrest.

Increasing the scope and the power of govt. In establishing centres for the treatment of addicts and the supply of Narcotic Drugs and Psychotropic Substances.

Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substance Act

Illicit trafficking of narcotic drugs and psychotropic substances is a serious threat to the health and welfare of the people and even for those who are engaged in activities of such illicit traffic. This has a dangerous and harmful effect on the national economy. This is the act formulated to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith.

Controlled Substances

The definition of Controlled Substance is provided under Section 2(vii)(viic) in the Narcotic Drugs and Psychotropic Substances Act, 1985. Which states that any kind of drug which is strictly controlled by the Central Government under the NDPS Act due to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or as per the provisions of any International Convention, by notification in the Official Gazette, has been declared as a controlled substance.

Any form of production, manufacture, cultivation, possession, purchase, sale, storage, transport, distribution or consumption of these substances is termed as illegal except for scientific and medical purposes, according to the rules and orders or condition for the proper licenses which are issued.

Law Commission 155th Report

Drug abuse has been one of the curses of the society, it is a menace which threatens public life and leads to destruction of not only the individual, families but also of the society. It would always be an important need to address this issue and control this.

It was felt that even after the amendment of 1988 in the Narcotic Drugs and Psychotropic Substance Act, there were no desired results. Therefore, the law commission considered it necessary to undertake a review of Narcotic Drugs and Psychotropic Substance Act, 1985, resulting in the 155th report of law commission. This gave recommendations with a view to fill up the loopholes and to make the provision more effective.

With a view of the huge concern of growing drug abuse in different parts of the country the law commission aimed at studying the following aspects:

Studying the menace of drug abuse and drug trafficking and its effect on the youth of India.

Scrutinizing the Directive Principles of State Policy enshrined in the Constitution of India and the provisions of International Conventions on Narcotic Drugs and Psychotropic Substances;

Understanding the magnitude of the problem of illicit trafficking and use of narcotic drugs and psychotropic substance as well as the infirmities in the NDPS Act;

Examining the relevant provisions of the NDPS Act and their interpretation by the Courts and

Identifying the amendments required for more effective implementation of the NDPS Act.

And to collect public opinion on the subject matter.

Drug control strategy and policy

India’s policy towards drug control is enshrined in the Directive Principles of State Policy through Article 47 of the Constitution of India, which states that it is the duty of the state to raise the level of nutrition, the standard of living and to improve public health, moreover the prohibition of the consumption of drugs which are injurious to health, except for medicinal purposes. It is among the primary duties of the state. The drug control strategy in India is a multi-agency function.

There were a number of Central and State enactments i.e., (i) the Opium Act, 1857, (ii) the Opium Act , 1878 and (iii) the Dangerous Drugs Act, 1930. All of these acts were not sufficient for the proper regulation of drugs in India and therefore Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted for the proper enforcement and regulation. This act sets out the statutory framework or the strategy for the drug law enforcement in India, as well as the provisions for the implementation of the various obligations to the International Conventions. The various International conventions to which India is a signatory are:

The main Narcotics focus areas in India are:

To effectively prevent and combat abuse of illicit traffic in narcotic drugs and psychotropic substances.

Identifying and eradicating the illicit cultivation and wild growth of opium poppy and cannabis.

Enforcing and surveying at import points and land borders. Measures for control at the export points i.e., cargo-terminals, air-passenger terminals and foreign post offices.

To improve the coordination between the various drug law enforcement agencies.

Intercepting and preventing the movement along the known drug routes.

International co-operation to facilitate coordination and universal action.

To strengthen the intelligence apparatus for improving the analysis, collection, collation and dissemination of operational intelligence.

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