(1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein 1[and for ensuring their medical and scientific use].
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely:–
(a) coordination of actions by various officers, State Governments and other authorities–
(i) under this Act, or
(ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act;
(b) obligations under the International Conventions;
(c) assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances;
(d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts;
2[(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;]
(e) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures.
Simplified Explanation
This section outlines the responsibilities and powers of the Central Government in dealing with the issues related to narcotic drugs and psychotropic substances. It gives the government a broad mandate to take any measures deemed necessary to prevent and address drug abuse, illegal trafficking, and related challenges.
Subsection (1) – General Responsibility
The first subsection states the general obligation of the Central Government:
- Prevention and Combatting Abuse: The government must take steps to prevent the abuse of narcotic drugs and psychotropic substances. These are substances that can lead to addiction or harm, and include both legal and illegal drugs.
- Illicit Traffic: The government is also tasked with combating the illicit (illegal) trafficking of these substances, which refers to the manufacturing, distribution, or sale of these drugs outside of legal channels.
- Medical and Scientific Use: Additionally, the Central Government must ensure that narcotic drugs and psychotropic substances are available for legitimate medical and scientific purposes. This is important because while some drugs can be abused, they also have valid medical uses, such as pain management, anesthetics, and other therapeutic applications.
Subsection (2) – Specific Measures the Central Government May Take
This subsection elaborates on the specific measures the Central Government can take under subsection (1). It provides a list of actions that may be implemented, including but not limited to:
(a) Coordination of Actions
- The government can coordinate the actions of various officers, State Governments, and other authorities involved in enforcing the provisions of the Act.
- This also includes coordination with other laws that are in place to prevent drug abuse and trafficking, ensuring that all related laws work together effectively.
(b) International Obligations
- India is a signatory to international conventions (such as the UN Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971), and the government must ensure compliance with these obligations.
- This means coordinating with global frameworks and treaties aimed at controlling narcotics and psychotropic substances.
(c) International Cooperation
- The government can extend assistance to foreign countries and international organizations to help combat drug trafficking on a global scale.
- This may involve sharing information, providing resources, and coordinating enforcement efforts across borders to suppress illegal drug trade and trafficking.
(d) Addiction Treatment and Rehabilitation
- One of the important goals is the treatment, education, aftercare, rehabilitation, and social reintegration of drug addicts.
- These measures aim to help individuals recover from addiction, reintegrate into society, and reduce the demand for illicit drugs.
(da) Medical and Scientific Use of Substances
- The government should ensure that there is adequate availability of narcotic drugs and psychotropic substances for legitimate medical and scientific uses.
- This provision is meant to balance the regulation of substances for medicinal purposes while preventing misuse or diversion into illegal markets.
(e) Other Necessary Measures
- The government may also take any other actions it deems necessary or expedient to effectively implement the provisions of the Act.
- This includes any other measures that the Central Government believes will prevent drug abuse and illicit trafficking.
Subsection (3) – Formation of Authorities
This subsection gives the Central Government the power to constitute authorities or bodies to carry out its functions under this Act.
- The government can establish an authority or hierarchy of authorities that will be tasked with executing specific functions and powers outlined in the Act.
- These authorities will operate under the supervision and control of the Central Government and will be responsible for the enforcement and implementation of the Act’s provisions, such as controlling drug trafficking, monitoring medical use, or coordinating with state or international bodies.
Summary of Key Points
- Central Government’s Role: The government is responsible for preventing drug abuse, combating illegal trafficking, and ensuring that narcotic drugs and psychotropic substances are available for legitimate medical purposes.
- Coordination and Compliance: The government coordinates national efforts and ensures compliance with international obligations regarding drug control.
- International and Domestic Cooperation: The government can cooperate with other countries and international bodies to curb global drug trafficking.
- Treatment and Rehabilitation: Measures for addiction treatment and the rehabilitation of drug users are integral to the Act’s enforcement.
- Authority Formation: The government has the authority to create bodies or authorities to implement the Act effectively.
Implications
- Public Health: The Act emphasizes not just punishment but also public health measures, focusing on the rehabilitation of addicts and the responsible use of narcotic drugs for medical purposes.
- International Relations: India’s approach is also linked to global cooperation in drug control, reflecting the broader international efforts to combat the drug trade.
- Flexibility: The Act allows for flexibility in the government’s approach by permitting the creation of authorities and institutions as needed, depending on the evolving drug landscape.
This section, therefore, provides the legal framework for a comprehensive, multi-faceted approach to dealing with narcotic drugs and psychotropic substances, balancing law enforcement, public health, and international cooperation.
