EDITORIALS & ARTICLES

Drug trafficking in India

Drug trafficking in India is a serious issue that poses challenges to the social, economic, and political fabric of the country. The illegal trade of drugs has been a persistent problem, and it continues to evolve and become more sophisticated with new technologies and methods.

The emergence of darknet markets and increased use of maritime routes has posed new challenges in the fight against drug trafficking in India. It is important to address these emerging challenges with innovative solutions to ensure the well-being and safety of society.  

According to the Narcotics Control Bureau (NCB)’s latest annual report, drug trafficking through sea routes in the Arabian Sea and the Bay of Bengal accounts for around 70% of the total illegal drugs smuggled into India. The use of maritime routes by international drug syndicates based in Pakistan and Afghanistan is expected to increase.  

The UN Office on Drugs and Crime’s World Drug Report 2022 revealed that India is one of the world’s largest opiate markets in terms of users and is vulnerable to increased supply from Afghanistan. Punjab and Himachal Pradesh are leading in India’s epidemic of opioid users, while Gujarat is now the third worst state in terms of drug overdose deaths.  

A survey report by the Ministry of Social Justice & Empowerment (MoSJE) in 2019 showed that drug consumption in India has increased compared to the survey report in 2004.  

Over 60% of the darknet is being used for illegal drug trade due to its anonymity and low risks. The use of cryptocurrency payments and courier services for doorstep delivery has made darknet transactions more appealing than traditional drug markets. 

Apart from narcotics, India has been experiencing a significant rise in the use of psychotropic substances and medicinal preparations among addicts since late 1990. 

Alkaloids

  • Alkaloids are a huge group of naturally occurring organic compounds which contain nitrogen atom or atoms (amino or amido in some cases) in their structures.
  • These nitrogen atoms cause alkalinity of these compounds.
  • Well-known alkaloids include morphine, strychnine, quinine, ephedrine, and nicotine.
  • The medicinal properties of alkaloids are quite diverse. Morphine is a powerful narcotic used for the relief of pain, though its addictive properties limit its usefulness. Codeine, the methyl ether derivative of morphine found in the opium poppy, is an excellent analgesic that is relatively nonaddictive.

Poppy Straw:

    • Poppy straw is the husk left after the opium is extracted from pods.
    • This poppy straw also contains a very small morphine content and if used in sufficient quantities, poppy straw can give a high.
    • Possession, sale, use, etc. of poppy straw is regulated by the State Governments under the State Narcotic Drugs & Psychotropic Substances Rules.
    • Farmers sell the poppy straw to those licensed by the State Governments to purchase poppy straw.
      • Any excess poppy straw is ploughed back into the field.
    • Poppy straw is one of the narcotic drugs under the Narcotic Drugs & Psychotropic Substances Act 1985 (NDPS Act).
      • Hence, anyone possessing, selling, purchasing or using poppy straw without a license or authorization or in violation of any conditions of the license is liable to prosecution under the NDPS Act.
  • Current Extraction of Alkaloids:
    • India currently only extracts alkaloids from opium gum at facilities controlled by the Revenue Department in the Ministry of Finance.
      • This entails farmers extracting gum by manually lancing the opium pods and selling the gum to government factories.
    • The Ministry has now decided to switch to new technologies, after trial cultivation by two private firms showed higher extraction of alkaloids using the Concentrated Poppy Straw (CPS). Thus, the Government is mulling the idea of using public-private partnership (PPP).
  • Partnership Model:
    • Two types of Narcotic Raw Material (NRM) can be produced from opium poppy - Opium gum and Concentrate of Poppy Straw (CPS).
    • So far, only opium gum has been produced in India. The Government of India has now decided that CPS production should be commenced in India.
    • The various stakeholders will frame an appropriate model including public-private partnership (PPP), advise on the changes needed to the rules and laws to facilitate private investment, and recommend security measures to protect the crop and the final product.
    • The firms carrying out the trials faced legal hassles in terms of getting relevant licences from the State governments to manufacture bulk alkaloids on their premises, this issue will need to be ironed out.
    • As per the trials’ findings, the imported seeds of certain CPS varieties worked effectively in Indian fields and their narcotic raw material yield was much higher from imported seeds instead of those used currently.
    • Some firms also cultivated CPS with hydroponic and aeroponic methods under a greenhouse environment.
      • Both Hydroponics and Aeroponics are sustainable, water-conservative farming methods, differing only by the medium which is used in the growth of the plants.
  • Significance of the Move:
    • While alkaloid extraction from the current opium crop using the CPS was found more than opium gum, it is possible to have two or three crop cycles in one year if CPS varieties of seeds are used in an indoor greenhouse environment.
    • India’s opium crop acreage has been steadily declining over the years and using the CPS extraction method is expected to help cut the occasional dependence on imports of products like codeine (extracted from opium) for medicinal uses.

Opium Cultivation In India

  • After independence, the control over cultivation and manufacture of opium became responsibility of the Central Government with effect from April, 1950.
  • At present the Narcotics Commissioner along with the subordinates exercises all powers and performs all functions relating to superintendence of the cultivation of the opium poppy and production of opium.
    • The Commissioner derives this power from the Narcotic Drugs & Psychotropic Substances Act 1985 and Narcotic Drugs & Psychotropic Substances Rules, 1985.
    • License for manufacture of certain types of narcotic drugs and psychotropic substances as well as permits for export and import of narcotic drugs, psychotropic and controlled substances are issued with the approval and permission of the Narcotics Commissioner.
  • The Government of India announces the licensing policy for cultivation of opium poppy every year, prescribing the minimum qualifying yield for issue of or renewal of licence, maximum area that can be cultivated by an individual cultivator, the maximum benefit that can be allowed to a cultivator for damage due to natural causes, etc.
  • The opium poppy can be cultivated only in such tracts as are notified by the Government.
    • At present these tracts are confined to three States,viz. Madhya Pradesh, Rajasthan and Uttar Pradesh.
    • Mandsaur district of Madhya Pradesh and Chittorgarh and Jhalawar Districts of Rajasthan constitute about 80% of the total area cultivated.
  • India is one of the few countries internationally permitted (by the United Nations Office on Drugs and Crime ) to cultivate opium poppy for export.

Uses

  • Opium is unique in its therapeutic value and is indispensable in the medical world.
  • It also finds use in Homeopathy and Ayurveda or Unani systems of indigenous medicines.
  • The opium which is used as Analgesics, Anti-Tussive, Anti spasmodic and as a source of edible seed-oil, acts as a medicinal herb.

 Methamphetamine

  • Methamphetamine — meth for short — is a powerful, highly addictive stimulant that affects the central nervous system, and is used to treat attention-deficit hyperactivity disorder (ADHD) and narcolepsy, a sleep disorder.
  • Crystal methamphetamine or crystal meth is a form of the drug that looks like glass fragments or shiny, bluish-white rocks. It is chemically similar to amphetamine.
  • Methamphetamine can be smoked, swallowed in the form of a pill or tablet, snorted, and injected after dissolving the powder in water or alcohol.
  • Methamphetamine can lead to myocardial infarction (heart attack); it can cause stroke. The drug can affect the heart, the brain, and the kidneys. It can result in the blood pressure shooting up suddenly. So, it is a very dangerous drug if there is an overdose.
  • Meth raises the amount of dopamine in the brain. Dopamine, a natural chemical, plays a role in body movement, motivation, and reinforcement of rewarding behaviours.

 Cannabis

  • According to the WHO, cannabis is a generic term used to denote the several psychoactive preparations of the plant Cannabis sativa.
    • According to the WHO, cannabis is by far the most widely cultivated, trafficked and abusedillicit drug in the world.
  • The major psychoactive constituent in cannabis is Delta9 tetrahydrocannabinol(THC).
  • The unpollinated female plantsare called Cannabis oil (hashish oil) is a concentrate of cannabinoids (compounds which are structurally similar to THC) obtained by solvent extraction of the crude plant material or of the resin.
  • According to the NDPS Act“cannabis plant” means any plant of the genus cannabis.
    • ‘Charas’is the separated resin extracted from the cannabis plant. The NDPS Act covers separated raisin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.
    • The Act defines‘ganja’ as the flowering or fruiting tops of the cannabis plant but it clearly excludes the seeds and leaves.
    • The Act illegalises any mixture with or without any neutral material, of any of the two forms of cannabis, charas and ganja, or any drink preparedfrom it.
    • The legislatureleft seeds and leaves of the cannabis plant out of the ambit of the Act, because the serrated leaves of the plant have negligible THC content.
    • ‘Bhang’,which is commonly consumed during festivals like Holi, is a paste made out of the leaves of the cannabis plant, and is hence not outlawed.
    • Similarly, CBD oil,an acronym for cannabidiol derived from the leaves of the cannabis plant, would not come under the NDPS Act.
      • The NDPS Act does not permit the recreational use of cannabisin India.
      • While CBD oil manufactured with a licence under the Drugs and Cosmetics Act, 1940can be legally used, it is not very common.

Factors Behind Drug Menace in India:

  1. Geographical reasons:
    • Golden Crescent and Golden Triangle: India’s geographical location sandwiched between the two, makes it an ideal route for the transportation of heroin. It infiltrates the country through the international, land and maritime borders, with the western international border along Pakistan being a focal point.
  • Golden Triangle: It refers to the area where the borders of Thailand, Laos, and Myanmar meet at the confluence of the Ruak and Mekong rivers. Myanmar is the world’s second-largest illicit supplier of morphine and heroin, producing 80 per cent of the world’s heroin.
  • Golden Crescent: The Golden Crescent, on the other hand, is a major global opium production site in Afghanistan, Iran, and Pakistan, from where drugs are smuggled into India through Jammu and Kashmir, Punjab, Rajasthan and Gujarat.
    • Proximity to sea: India shares borders with several countries that are major drug producers and transit points, including Afghanistan and Myanmar. Its long and porous borders make it an attractive transit point for drug traffickers.
    • Drug trafficking through sea routes in the Arabian Sea and the Bay of Bengal, estimated to account for around 70% of the total illegal drugs smuggled into India

       2. Technological reasons:

    • Digital tools and drones:Drugs are now being smuggled across these borders using new digital tools and drones.Also, drug gangs now use couriers, packages, and the mail to sneak drugs in and deliver them. 
    • Darkweb: The increased use of couriers or postal services is directly linked to increased Dark Web activity in India. Dark Web  is used to buy illicit substances which are often paid in crypto currency.

       3. Organized Crime:

    • Nexus between drug traffickers, organized criminal networks and terrorists: Terrorists exploit established trafficking routes, collaborating with well-entrenched criminal groups to infiltrate borders with arms and explosives, exacerbating security challenges.Money generated through drug trade has been used to fund various insurgent and terrorist movements.
    • For example,  1993 serial bomb blasts in Mumbai, Pathankot attack on 31st December 2015 highlight a close nexus between drug traffickers and anti-national elements.
    • Corruption: Drug traffickers are known to bribe law enforcement officials and other government officials to facilitate their operations. This has further enabled drug trafficking to thrive in India.

       4. Socioeconomic reasons:

    • Lack of education: Poor  aspirations of the youth, which are not fulfilled due to low quality of education imparted to the lower income groups in rural and urban government schools of the state, leave them disillusioned and susceptible to drugs.
    • Vicious cycle: The drug addicts from poor families, in order to meet the expenses of their daily dose, get entangled in drug-peddling,  the rising unemployment among youths have further led to disillusionment.

5. Smuggling of Synthetic drugs and precursor chemicals: India manufactures a lot of synthetic drugs and precursor chemicals which are smuggled out of the country. 

6. Poor Law enforcement: India’s law enforcement agencies are understaffed, lack specialised training and equipment, and are often unable to detect or interdict drug shipments.The agencies are more involved in dealing with peddlers and distributors and often fail to catch the drug mafia.

Case in Point:
  • J & K :It is estimated that 15% of the finances of Jammu and Kashmir militants came from drug sales. 
  • Northeast: Insurgent organizations are directly involved in drug trafficking to secure quick funds, while larger groups collect protection money from drug peddlers in return for safe passage of drug consignments through their territories.

Challenges /Impact of drug abuse in India:

  • Smuggling of weapons: The international borders of the country used by drug traffickers are used for smuggling in weapons as well as terrorists into the country. 
  • Financing of terror activities: Illicit drug sales generate substantial funds that are often diverted to finance terrorist activities.
  • Law and order issues:The wide availability of narcotics and drugs contributes to increased domestic demand, leading to dysfunctional behavior and creating law and order problems in society. 
  • Economic impact : The substantial economic toll from drug abuse includes losses in production and resources diverted for caring and rehabilitating drug addicts.
  • Undermining role of state: The trafficking nexus can subvert and corrupt state institutions, further undermining the political process, as they gain control over the illegal drug trade.
  • Facilitation of organised crime: Drug trafficking facilitates other organised criminal enterprises such as human trafficking and narco terrorism, all of which use the same networks and routes to smuggle people, arms and contraband.
  • Loss of demographic dividend: Increase in violence and crime is the direct impact of drug abuse. Addicts resort to crime to pay for their drugs. Substance abuse can lead to the removal of inhibitions and impair judgment, individual productivity and potential.
  • Adverse social impact: A partner’s addiction may affect the entire family straining interpersonal relationships, stability, and lead to violence, child abuse, economic insecurity, deprivation of schooling, and the risk of sexually transmitted diseases.
  • Psychological impact:  Drug addiction not only affects the financial stability of individuals but also gives rise to conflicts within families, causing immense emotional distress for all its members.

Govt measures/Response to counter drug menace:The Ministry of Home Affairs is cracking down on drugs in three different ways:

    • Strengthening institutional structures,
    • Empowerment of all agencies related to control of narcotics and strengthening the coordination among them
    • Launching an awareness campaign.

Other measures are listed below-

  1. Legislative: 
    • Drugs and Cosmetics Act, 1940: It regulates the import, manufacture and distribution of drugs in India.The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards.
    • Narcotic Drugs and Psychotropic Substances Act, 1985: It prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
    • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: Under the act, It is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
  2. Institutional measures:
    • Narcotics Control Bureau (NCB): It is under the Ministry of Home Affairs and is responsible for coordination in illicit drug control as well as compiling the cases of drug trafficking in the country as reported to it by various agencies.
Narcotics Control Bureau (NCB): 
  • The Narcotics Control Bureau (NCB) is the chief law enforcement and intelligence agency of India responsible for fighting drug trafficking and the abuse of illegal substances.
  • It was created on 17 March 1986 to enable the full implementation of the Narcotic Drugs and Psychotropic Substances Act (1985) and fight its violation through the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act (1988).

Central Bureau of Narcotics (CBN)

  • During the British East India Company Rule, collection of revenue from opium was made part of fiscal policy and various Opium Agencies such as the Bengal, Benaras, Bihar, and Malwa Agencies were formed over time.
  • Before 1950, the administration of the Narcotics Laws, namely, the Opium Act of 1857 & 1878 and the Dangerous Drugs Act of 1930 vested with the Provincial Government.
  • The amalgamation of these Agencies laid the foundation of the Opium Department in November 1950 which is presently known as the Central Bureau of Narcotics (CBN).
  • All three enactments mentioned above were repealed by the Narcotics Drugs & Psychotropic Substances Act, of 1985 (NDPS Act, 1985).
  • The headquarters of the Central Bureau of Narcotics was shifted from Shimla to Gwalior in 1960.
  • Functions of the Central Bureau of Narcotics
    • License farmers to cultivate opium poppy.
    • Supervises and controls the cultivation.
    • Procures the opium produced by licenced cultivators.
  • Nodal Ministry: Under the Department of Revenue, Ministry of Finance
  • India is a signatory to the UN Convention on Narcotic Drugs 1961, UN Convention on Psychotropic Substances 1971 & UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 which obligates member countries to monitor the implementation of the United Nations drug control conventions.
  • CBN interacts with the International Narcotics Control Board, Vienna and the Competent Authorities of other countries to verify the genuineness of the transaction before authorizing the shipments

International Treaties and Conventions to Combat Drug Menace

India is signatory of the following International treaties and conventions to combat the menace of Drug Abuse:

  • United Nations (UN) Convention on Narcotic Drugs (1961)
  • UN Convention on Psychotropic Substances (1971)
  • UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
  • UN Convention against Transnational Organized Crime (UNTOC) 2000.

Commission on Narcotic Drugs

  • It is the UN agencymandated to decide on the scope of control of substances by placing them in the schedules of global drug control conventions.
  • It was founded in 1946and is headquartered in 
  • Global attitudes towards cannabis have changed dramatically since the commencement of the 1961 Convention, with many jurisdictions permitting cannabis use for recreation, medication or both.
  • Currently, over 50 countries allow medicinal cannabis programmes,and its recreational use has been legalised in Canada, Uruguay and 15 states of the USA.
  • Ministry of Social Justice and Empowerment: The nodal Ministry for drug demand reduction has taken the following steps:
    • National Action Plan for Drug Demand Reduction (NAPDDR) for 2018-2025: It aims at reduction of adverse consequences of drug abuse through a multi-pronged strategy involving education, deaddiction and rehabilitation of affected individuals and their families.
    • Scheme for Prevention of Alcoholism and Substance (Drug) Abuse: Under this scheme, financial assistance is given to Voluntary Organizations and other eligible agencies for setting up/running Integrated Rehabilitation Centre for Addicts.

      3. Other preventive government measures:

    • Increased patrolling and surveillance: Intensive preventive and interdiction efforts along known drug routes and strict surveillance and enforcement at import and export points.
    • Training programmes: Training programmes are being conducted for various law enforcement officials to combat drug menace.
    • Empowering of border guarding agencies: Amongst border guarding agencies, Border Security Force (BSF), Sashastra Seema Bal (SSB) and Coast Guard have been empowered to take action under the Narcotic Drugs & Psychotropic Substances (NDPS) Act.
    • Nasha Mukt Bharat campaign:It was launched in 2020  in 272 identified districts.  It incorporates a comprehensive approach towards drug reduction including combining the supply curb by NCB, Outreach and Awareness and Demand Reduction effort by Department of Social Justice and Empowerment and treatment through Health Department.
    • Strengthening anti-narcotic units: Financial assistance has been provided to eligible States for strengthening their anti-narcotic units.
    • Narco Co-ordination Centre (NCORD): it has been constituted under Director General,Narcotics Control Bureau to provide a common platform for concerted actions by all the Drug law enforcement agencies and other stakeholders.

       4. International efforts: 

    • The International Drug Control Conventions.
      • The Single Convention on Narcotic Drugs (1961): The Convention aims to combat drug abuse by coordinated international action. It seeks to limit the possession, use, trade, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes. It also combats drug trafficking through international cooperation to deter and discourage drug traffickers.
      • Convention on Psychotropic Substances 1971: The Convention on Psychotropic Substances establishes an international control system for psychotropic substances. It responded to the diversification and expansion of the spectrum of drugs of abuse and introduced controls over a number of synthetic drugs according to their abuse potential on the one hand and their therapeutic value on the other.
      • United Nations Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances of 1988: The Convention provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals. 
    • Cooperation with neighbours: In order to foster cooperation among neighbors, India is engaged in multiple bilateral and multilateral agreements to address the issue of preventing the illicit trafficking of drugs and chemicals.

Way Forward:

  • Effective coordination among enforcement agencies: Promoting cooperation and collaboration between government departments in the fight against drug abuse and trafficking. For example, Directorate of Revenue Intelligence, Central Drugs Standard Control Organisation, Border Security Force, the National Investigation Agency, etc. 
  • Sharing of intelligence: There is an urgent need to develop a system for sharing of information which would help the enforcement agencies connect the distributors to the source of supply. 
  • Focus on source of supply:. Enforcement agencies should focus mainly on tracking the network deeply and prosecuting producers and suppliers, rather than the current focus on distributors and peddlers.
  • Special skills, dedicated units: There is a need to develop special skills within state police organisations dealing with drugs.
  • Enhancement of punishment under Illegal Drug Control Act: Smugglers, suppliers and members of drug syndicates should be awarded enhanced punishments. 
  • Creating awareness among citizens: Many times, students and young people may not be aware of the harmful effects of illicit drugs. Youth, especially, suffer from insecurity and depression and fall prey to drug peddlers. There is need to create awareness among the people.
  • Establishment of de-addiction centres and camps: The government agencies can establish district wise de-addiction centres and camps to help the affected youth. Rehabilitation and post care counselling can save many lives.
  • Comprehensive approach: Exploring comprehensive approaches to treatment, rehabilitation, and harm reduction.
  • Role of civil society: It can play an important role in preventing narcotic drug abuse through: 
    • Awareness programmes for students in educational institutions, youth clubs and associations to make healthy choices in life and to stay away from drugs. 
    • Role models such as athletes or film actors can be roped in to inspire youth to adopt healthy habits.
    • Religious leaders will have a positive impact on moulding people’s behaviour
    • Monitoring by parents to keep their children away from bad company.  
    • A mechanism to obtain the consent of a doctor for the continuous purchase of any soft drug should be developed.
    • Social media campaigns to enhance awareness about the ill effects of narcotic substances. 

Conclusion:

  • Illicit drug trafficking is a crime which affects not only an individual but has ramifications across societies. It has the potential to destroy an entire generation. Therefore, it is the responsibility of every section of society to help enforcement agencies of the government to root out this menace.
  • Article 47 of the Directive Principles of State Policy of the Constitution of India directs state to improve public health & endeavour to bring about prohibition of the consumption of intoxicating drinks & drugs which are injurious to health. What India need is better regulations and laws with state coordination to stop drug menace. A national policy focusing on these aspects should be formulated.






POSTED ON 29-02-2024 BY ADMIN
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