LIJDLR

PUNISHING THE VULNERABLE: WHY INDIA’S DRUG LAWS FAIL VICTIMS OF ADDICTION

Gauri Arun Bhalerao, LL.M. (Criminal Law), Student at Maharashtra National Law University, Chhatrapati Sambhajinagar (India)

Jyoti, LL.M. (CPGLS), Student at Babasaheb Bhimrao Ambedkar University (BBAU), Lucknow (India)

Drug addiction in India continues to be treated primarily as a criminal issue rather than a public health concern. The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) adopts a stringent and punishment-oriented approach, raising serious concerns regarding its fairness and effectiveness. Many individuals who consume drugs are not hardened criminals but persons struggling with psychological, social, and economic vulnerabilities. Despite this, the legal framework largely treats them as offenders rather than recognising them as victims in need of care and rehabilitation. This paper critically examines how the existing legal framework fails to protect such vulnerable individuals. It argues that strict bail conditions, fear of arrest, and social stigma do not reduce drug dependency but instead deepen marginalisation and hinder recovery. Although the law contains limited provisions for rehabilitation, their weak implementation renders them largely ineffective in practice. Adopting a victim-centred perspective, this study highlights the structural contradictions within the NDPS framework and argues for a shift towards a more balanced model that integrates legal control with public health measures. Drawing briefly on international practices, the paper demonstrates that treatment-oriented approaches produce more effective outcomes than punitive systems. The paper concludes that unless India transitions from a punishment-driven model to a rehabilitation-focused approach, the legal system will continue to harm those it is intended to protect.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2506–2539.
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