top of page

The NDPS Act And Counter-Insurgency: Evaluating Its Role In Curbing Narco-Funded Terrorism In India’s North-East And Jammu & Kashmir




Niti Nancy, Law College Dehradun, Uttaranchal University

Asst. Prof. Amber Srivastava, Law College Dehradun, Uttaranchal University


ABSTRACT


India's domestic security is gravely jeopardized by the synergy between drug trafficking and insurgency, particularly in conflict-prone regions such as the North East and Jammu & Kashmir. The business of narcotics has both criminal and national security implications because it has become a serious source of funding for terrorist and insurgent elements operating in the country. The role played by the Narcotic Drugs and Psychotropic Substances Act, 19851 (NDPS Act) to deal with this complex relationship is analyzed in depth in this article.


The article evaluates the NDPS Act's effectiveness as a piece of legislation used in counter-insurgency activities both at the doctrinal level and empirically. It considers whether the Act has been used in insurgent-affected regions, how law enforcement and intelligence organizations have collaborated, and how superior courts have interpreted significant sections such as Sections 8(c), 20, and 27A, especially when the cases are those of organized crime and trans-border trafficking. The interconnection between the NDPS Act and special security legislation like the Armed Forces (Special Powers) Act, 19582 and the Unlawful Activities (Prevention) Act, 19673 is also analysed in this paper.


Key legal, procedural, and institutional gaps are identified in the article in light of domestic counter-insurgency goals and international obligations under conventions such as the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. It ends by suggesting specific changes to fortify India's framework for controlling drug use, combine counter-insurgency tactics with anti-drug enforcement, and enhance interagency collaboration in order to cut off the financial support

systems of rebel organizations.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

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.

 

Disclaimer:

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.

bottom of page