Supreme Court Expresses Concerns About Expanding Drug Trade, Urges Youth To Resist Peer Pressure & Stop Emulating Addicts
The Supreme Court today (December 16) held that the National Investigation Agency while investigating a scheduled offence can also investigate a non-scheduled offence or a person involved in a non-scheduled offence provided there is a nexus with the scheduled offence. In the judgment, the Court made certain observations on the ripple effect of illicit drug trade and drug abuse.
It held that the arc and web of drug trade cannot be permitted to corrode the shine of the youth of India while laying down some suggestions for parents and other stakeholders to ensure that drug abuse is no longer treated as a taboo and that rehabilitation should be the centre of focus.
While upholding the rejection of bail of a person accused of cross-border drug trade,b ench of Justices BV Nagarathna and NK Singh observed that despite the best efforts of the State, an unprecedented scale of coordination and profit-seeking has sustained the menace of drug trade and abuse, so hard-hitting and multifaceted that it causes suffering cutting across age groups, communities, and regions.
It observed: "Worse than suffering and pain is the endeavour to profit from it and use the proceeds thereof for the committing of other crimes against society and the State such as conspiracy against the State and funding terrorist activities. Profits from drug trafficking are increasingly used for funding terrorism and supporting violence."
The Court noted that India is currently grappling with an expanding drug trade and a rising addiction crisis. It referred to the Ministry of Social Justice and Empowerment's 2019 Report (“MoSJE 2019 Report”) on 'Magnitude of Substance Use in India,' which according to the Court revealed that nearly 2.26 crore people use opioids in India.
"It was also borne out that substance use exists in all the population groups; however, adult men bear the brunt of substance use disorders. After alcohol, cannabis and opioids are the next most commonly used substances in India. About 2.8% of the population (3.1 crore individuals) reported having used cannabis and its products, of which 1.2% (approximately 1.3 crore persons) was illegal cannabis and its products," the Court averred.
The Court stated that alarmingly, the rate of opioid dependence is pacing at an alarming rate, partly due to the ongoing narcotic trade across the country's borders and their consequent ease of availability.
Quoting the report, the Court noted: "According to the MoSJE 2019 Report, there are approximately 77 lakh problem opioid users – the Report defines “problem users” as those using the drug in harmful or dependent pattern in India. More than half of 77 Lakh problem opioid users in India are spread throughout the States of Uttar Pradesh, Punjab, Haryana, Maharashtra, Madhya Pradesh, Delhi, Andhra Pradesh, West Bengal, Rajasthan and Orissa."
Easy access to drugs and its consequences
The Court noted that studies across the globe suggest that easy access to narcotic substances, peer pressure, and mental health challenges particularly in the context of academic pressure and family dysfunction could be significant contributors to this disturbing trend.
"Addiction at a young age can derail academic, professional and personal aims, leading to long-term socio-economic instability of almost an entire generation. The psychological impact of drug abuse, including depression, anxiety, and violent tendencies, further exacerbates the problem. The reasons behind this rise in juvenile addiction are complex. Peer pressure, lack of parental affection, care and guidance, stress from academic pressures and the easy availability of drugs contribute to this alarming trend. In many cases, adolescents resort to drugs as a form of escapism, trying to cope with personal and emotional issues," the Court averred.
How to address drug abuse in adolescent
The Court stated that preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community.
It cited the MoSJE 2019 Report which found that only one among four persons suffering from dependence on illicit drugs had ever received any treatment and only one in twenty persons with illicit drug dependence ever received any in-patient treatment. Therefore, given the disturbing rise in adolescent drug use, urgent interventions are needed, it suggested.
For youth of India
The Court stated that for youngsters just beginning to explore the world, the consumption of drugs in popular culture has propelled the cultural push towards a dangerous lifestyle, one that incorrigibly applauds drugs use as 'cool' and a fashionable display of camaraderie.
It held: "We implore the youth to take charge of their decisional autonomy and firmly resist peer pressure and desist from emulation of certain personalities who may be indulging in drugs. It is sad that vulnerable children turn to drugs as an escapism from emotional distress and academic pressures or due to peer pressure. The unfortunate reality is that victims of substance abuse are not limited to the unfortunate ones who have fallen prey to it but also include their family and peers."
Our approach towards the victims of drug abuse must not be to demonize the victims but to rehabilitate them, the Court suggested.
For parents:
The Court pointed out that parents have a crucial role in the prevention of drug abuse among adolescents. Parental awareness, communication, and support are key in mitigating the risk of drug addiction.
It held: "The first step in the effective preventive leap should start within the household. In our view, the most important yearning of children is love and affection and a sense of security emanating from parents and family. Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same by pumping pocket money are some of the reasons why young adolescents are being veered towards escapism and substance abuse.
Affectionate and friendly conversations between parents and children and a continuous assessment of the direction in which a child is proceeding is a duty which each parent must undertake. This is to build a sense of emotional security around a child for, in our view, an emotionally secure child would not become vulnerable and be lured towards substance abuse as a possible path towards seeking what is lacking in life."
No longer should drug abuse be treated as a taboo that parents disengage from. Instead, open discussions about drug use and its ill consequences will provide parents and children a safe space and equip children with the knowledge to help themselves out of peer pressure, the Court recommended.
For schools and colleges
The Court has emphasised the need for schools and colleges to aid government programs in educating students about the perils of drug abuse.
It noted: "They must include prevention of drug abuse in their curriculum, focusing on the physical, emotional, and legal consequences of drug abuse. Naturally, all efforts should be backed by scientific evidence and experiential learning. It is an urgent need that the Ministry of Social Justice and Empowerment's framework of National Action Plan for Drug Demand Reduction and other programs are given a boost and truly imbibed in drug education programs run by schools and colleges in the country."
Local Communities and NGOs
The Court has recommended Local communities to work with NGOs and law enforcement agencies to create awareness campaigns that address the risks of drug abuse with a special focus on schools and youth centres. Either through awareness campaigns, community outreach or peer education, communities can play a critical role in creating knowledgeable safe space that curb the use of drugs.
NALSA
The Court also asked the National Legal Services Authority and State Legal Authorities to devise awareness programs and implement them, particularly in vulnerable regions of the States and territories more exposed to drug menace.
NCPCR and NCB
There is a need for more synergies along the lines of the Joint Action Plan on “Prevention of Drugs and Substance Abuse among Children and Illicit Trafficking” developed by the National Commission for Protection of Child Rights (“NCPCR”) in collaboration with the Narcotics Control Bureau (“NCB”), the Court said.
Case Details: ANKUSH VIPAN KAPOOR v NATIONAL INVESTIGATION AGENCY., SLP(Crl) No. 2819/2024
Citation : 2024 LiveLaw (SC) 999