Relevant Constitutional & Legislative Provisions for Substance Abuse

Constitutional Provision

Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health.

Legislation

The Narcotic Drugs and Psychotropic Substances Act, 1985, was enacted inter alia, to curb drug abuse. Section 71 of the Act provides that, “the Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social reintegration 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.”

• The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was framed taking into account India’s obligations under the three UN drug Conventions as well as Article 47 of the Constitution.
• This Act prohibits, except for medical or scientific purposes, the manufacture, production, trade, use, etc. of narcotic drugs and psychotropic substances. Thus, the Governments’ policy has been to promote their use for medical and scientific purposes while preventing their diversion from licit sources, and prohibiting illicit traffic and abuse.