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Analysis Of Narcotic Law In India




Kesava Kumar Reddy Duttala, School of Law, Christ (deemed to be University)


ABSTRACT


This study offers a comparative overview of narcotic laws and regulations in India, the U.S., and Canada. It is based on India's constitutional directive in Article 47 and traces the development of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985, alongside international treaty commitments. By comparing India’s mainly deterrence-focused system with the U.S.'s evolving "War on Drugs" approach and Canada’s emphasis on harm reduction and public health, the paper explores the conflict between law enforcement and health strategies. Judicial decisions, such as the Tofan Singh case, are examined to illustrate the judiciary's role in protecting human rights amid strict liability laws. The conclusion advocates for a balanced, evidence-driven model that combines enforcement, medical access, and rehabilitation to create a more humane and effective narcotic policy.


Keywords: NDPS Act, Article 47, Harm Reduction, Comparative Jurisprudence, Opioid Crisis, Decriminalisation, Public Health, Narcotic Control Bureau.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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