DRUG ADDICTION, CRIMINAL JUSTICE AND HUMAN RIGHTS
Objectives of the course
Almost all the major dilemmas of criminal policy surface rather
acutely in combating drug addiction and trafficking through the legal order.
The issue of interaction between drug abuse and criminality of quite
complex. At least three important questions have been recently identified as
crucial for comparative research. First, to what extent drug dependence
contributes to criminal behviour? Secondly, in what ways do criminal
behaviour patterns determine drug abuse? Third, are there any common
factors which ontribute to the determination of both drug abuse and criminal
Apart from these causal issues, there is the board questions of the
social costs benefits of criminalization of addictive behaviour. Should
drug taking remain in the category of "crime without victims?" or should it
be viewed as posing an ever growing threat to human resource development
and be subjected to state control, over individual choices as to survival and
The problems here are not merely ideological or theoretical. User to
drugs for personal, non therapeutic purposes may well be linked with
international trafficking in psychotropic substance. It has even been
suggested that encouragement of drug dependency may have, in addition to
motivation of high profits, politically subversive aspects.
Assuming that both addiction and trafficking have to be regulated,
what penal policies should be appropriate? What human rights costs in the
administration of criminal justice should be considered acceptable? The
international response to these questions is indicated by
the Single convention on Narcotic Drugs, 1961, adopted in New
York, 30 March 1961 and as amended by 1972 Protocol in
Geneva, 25 March 1972 and
the Convention on Psychotropic substances, adopted in Vienna,
21 February; 1971.
India has adopted the basic principles of these conventions in the Narcotic
Drugs an Psychotropic Substances Act, 1986.
Broadly, penal policy dilemmas here relate to :
(a) management of sanctions relating to production, distribution
and illICIt commerce in Narcotic Substances and,
(b) way of prevention of abuse of drugs, including speedy
diagnosis, treatment, correction, aftercare, rehabilitation, and
realization of persons affected.
Important problems of method in studying the impact of regulation
need evaluated at every stage.
The following syllabus prepared with this perspective will be spread
over a period of one year.
1.1 Basic Conceptions
1.1.1 "drugs", "narcotics", "Psychotropic substances"
1.1.2 "dependence", "addiction"
1.1.3 "crime without victims"
1.1.4 "trafficking" in "drugs"
1.1.5 "primary drug abuse"
2. How Does One Study the Incidence of Drug Addiction
2.1 Self Reporting
2.2 Victim studies
2.3 Problems of Comparative Studies
3. Anagraphic and Social Characteristics of Drug Users
3.4 Single Individuals Cohabitation
3.5 Socio economic level of family
3.6 Residence Patterns (urban/rural/urban)
3.7 Educational levels
3.9 Age at first use
3.10 Type of Drug use
3.11 Reasons given as cause of first use
3.12 Method of Intake
3.13 Pattern of the Use
3.14 Average Quantity and Cost
3.15 Consequences on addict's health (physical/psychic)
Note: Since no detailed empirical studies exist in
India, the class should be in this topic
sensitized by comparative studies. The principle
objective of this discussion is to orient the class
to a whole variety of factors which interact in
the 'making' of a drug addict.
4. The International Legal Regime
4.1 Analysis of the background, text and operation of the Single
Convention on Narcotic Drugs, 1961, 1972
4.2 Analysis of Convention on Psychotropic Substances, 1972
4.3 International collaboration in combating drug addiction
4.4 The SAARC, and South South Cooperation
4.5 Profile of international market for Psychotropic Substances
5. The Indian Regulatory System
5.1 Approaches to Narcotic Trafficking during Colonial India
5.2 Nationalist Thought towards Regulation of Drug Trafficking
5.3 The Penal Provisions (under the IPe, See Customs Act)
5.4 India's Role in the Evolution of the two international
5.5 Judicial Approaches to Sentencing in Drug Trafficking and
5.6 The Narcotic Drugs and Psychotropic Substances Act, 1985
5.7 Patterns of Resource Investment in India: Policing adjudication,
treatment, aftercare, and rehabilitation
6. Human Rights Aspects
6.1 Deployment of Marginalized People as Carrier of Narcotics
6.2 The Problem of Juvenile drug use and legal approaches
6.3 Possibilities of Misuse and Abuse of Investigative Prosecutory
Powers 6.4 Bail
6.5 The Problem of Differential Application of the Legal Regimes,
especially in relation to the resourceless.
LL.M. SYLLABUS 86
7. The Role of Community in Combating Drug Addiction
7.1 Profile of Community initiatives in Inhibition of Dependence
and Addiction (e.g. deaddiction aftercare)
7.2 The Role of Educational System
7.3 The Role of Medical Profession
7.4 The Role of Mass Media
7.5 Initiatives for compliance with Regulatory Systems
7.6 Law Reform Initiatives