Human Rights And Drug Consumption In India: Rethinking The NDPS Act Through Article 21
- IJLLR Journal
- 2 days ago
- 1 min read
Mahmood Ahmad, Research Scholar, Department of Law, C.M.P Degree College, Prayagraj, University of Allahabad
Tooba Tarique, LL.M., Shibli National College, Azamgarh, Maharaja Shuheldev University Azamgarh
ABSTRACT
Drug consumption presents one of the most complex challenges at the intersection of criminal law, public health, and human rights. In India, the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) adopts a stringent legal framework aimed at curbing illicit drug use and trafficking. While the Act reflects the State's legitimate interest in safeguarding public health and maintaining public order, its application to individuals who consume drugs raises significant constitutional concerns, particularly in relation to Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. This paper examines whether the existing legal framework adequately balances the objectives of drug control with the constitutional values of human dignity, health, and personal liberty.
Adopting a doctrinal and analytical research methodology, the study critically analyses the relevant provisions of the NDPS Act, judicial interpretations of Article 21, and applicable international human rights instruments relating to drug policy and rehabilitation. It evaluates whether the criminalisation of drug consumption, especially in cases involving individuals suffering from substance dependence, is consistent with the principles of proportionality, dignity, and the evolving jurisprudence of the Supreme Court of India. The paper also examines the distinction between drug consumers and traffickers within the statutory framework and assesses the effectiveness of rehabilitation-oriented provisions under the Act.
Keywords: Human Rights, Article 21, NDPS Act, Drug Consumption, Substance Dependence, Rehabilitation, Constitutional Law, Public Health.
