Section 71: Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances

(1) 1[The Government may establish, recognise or approve as many centres as it thinks fit for identification, treatment, managemen], education, after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity.

(2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.

1. Subs. by Act 16 of 2014, s. 24, for “The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment” (w.e.f. 1-5-2014).

Simplified Explanation

Section 71 grants the Government the authority to establish and regulate centers aimed at the identification, treatment, and rehabilitation of addicts, as well as the supply of narcotic drugs and psychotropic substances to those in need, within a legal framework designed to address addiction.

Key Provisions of Section 71:

1. Establishment and Recognition of Centers (Sub-section 1):
   • The Government is empowered to establish, recognize, or approve as many centers as it deems necessary for various purposes, including:
     • Identification and treatment of addicts.
     • Education, after-care, and rehabilitation of addicts.
     • Social re-integration of addicts.
     • Supply of narcotic drugs and psychotropic substances to registered addicts and others where such supply is medically necessary.
   • These centers are subject to conditions and regulations as prescribed by the concerned Government (Central or State), ensuring a controlled approach to managing addiction and the supply of substances.
2. Rulemaking Power of Government (Sub-section 2):
   • The Government is authorized to make rules that are consistent with the provisions of this Act, which would govern:
     • The establishment, appointment, maintenance, management, and supervision of these centers.
     • The supply of narcotic drugs and psychotropic substances from these centers.
     • The appointment, training, and duties of personnel employed in these centers.
   • These rules ensure that the functioning of such centers is well-regulated and aligned with national objectives for drug control and rehabilitation.

Implications of Section 71:

1. Comprehensive Approach to Addiction Management:
   • This section promotes a holistic approach to dealing with addiction, which includes not just medical treatment but also rehabilitation and social reintegration. The establishment of such centers ensures that addicts have access to a variety of services for recovery and reintegration into society.
2. Controlled Supply of Narcotic Substances:
   • The provision for the supply of narcotic drugs and psychotropic substances to addicts is tightly regulated. These substances can be provided under medical necessity, with strict conditions on distribution. This allows for a controlled and legal supply in situations where it is deemed necessary for the health and recovery of addicts, avoiding illegal or illicit use.
3. Government Oversight and Regulation:
   • The rulemaking power ensures that the government can set the guidelines for these centers, from staffing and training to the management of substance supplies. This centralized oversight helps to prevent misuse and ensure that these centers meet the highest standards of care.
4. Capacity for Medical and Social Rehabilitation:
   • The focus on rehabilitation, education, and social reintegration highlights the Act’s recognition of addiction as a social issue that requires a multi-faceted approach. These centers not only treat addiction but also work on the long-term recovery of individuals, integrating them back into society.

Example:

• Case 1: If the government identifies a growing number of narcotic addicts in a region, it could establish a rehabilitation center specifically aimed at providing medical care, therapy, and education to help these individuals recover. This center would be authorized to distribute substances like methadone or other prescribed substances to help with the recovery process under strict medical supervision.
• Case 2: A state government could establish a center that not only helps addicts with their treatment but also educates them about the dangers of narcotics, offers vocational training, and helps them reintegrate into society by providing social support and employment opportunities.

Conclusion:

Section 71 provides the government with the authority and framework to establish and regulate centers that offer a comprehensive approach to addiction management, encompassing treatment, rehabilitation, education, and the controlled supply of narcotic substances where medically necessary. This section reflects the government’s commitment to combating drug addiction in a structured and legal manner, promoting the well-being of individuals while maintaining a controlled approach to the use of narcotics.