INTRODUCTION

Like the heads and tails of a coin, which we are all acquainted with, the universe is expanding on one side while collapsing on the other. The main contributing factor to this accident is drugs. Drugs were used for medical purposes in ancient times but with the ever-evolving economy of the state, the use of drugs has gone in a completely inaccurate direction. Before moving forward, we should understand the basic definition of Drugs. The drug is a chemical or medication that readily mixes with users' blood, and excessive consumption of it hurts how the human body functions, seriously harming both physical and emotional health. Drug misuse is a pervasive phenomenon in the society of India. Millions of Indians are addicted to alcohol, cannabis, opium, morphine, heroin, etc. Drug trafficking is a serious problem in most of the world’s countries and unfortunately, India is also a major victim of it. The business of trafficking drugs is so much profitable that a person can easily earn a million in a very short period. Drug trafficking is deeply related to other crimes such as Murders, Kidnapping, Prostitution, Human Trafficking, and various other heinous crimes. It is so hard for authorities to trace the full chain of drug traffickers due involvement of Government authorities, politicians, and businessmen. To resolve this issue the Government of India structured, the Narcotic Drugs and Psychotropic Substances Act, of 1985 which contain the rules, regulation, and power of courts to punish the offenders involved in this type of activity. To control drug trafficking in India Central Government also set up a model agency to look forward into matters of drug misuse or Trafficking named Narcotic Control Bureau (NCB) under the Ministry of Home Affairs. 

HISTORY OF DRUGS USAGE IN INDIA

According to all reports, substance misuse is almost a pandemic in India and other parts of the globe. India has a long history of using drugs in everyday life and sacred ceremonies, despite being a major supplier of legal drugs for the pharmaceutical industry. This traditionally drug-rich nation has only recently experienced a rise in drug addiction in recent years. The illegal trafficking of drugs leads to an increase in the number of drug addicts and secondly, the sale of illicit drugs proved to be a lucrative industry, and many businesspeople engaged in it. The government was making particular efforts to limit drug trade and crime, but the efforts were not very successful. There was a sudden rise in the consumption of drugs among the population of the state and this led to the import of drugs various drugs from other states. Cocaine came from Mexico and Colombia, while marijuana was brought from Latin America. Another widely used illicit substance is heroin, which was first grown in Southeast Asia's Golden Triangle. Additionally, opiates were shipped from Mexico and Afghanistan.

WHY INDIA WAS THE PERFECT LOCATION FOR ILLEGAL DRUG TRAFFICKING

After the drugs were started importing into India it was also used as a trade route for moving illegal drugs throughout the world due to its strategic location on the map. India is a more susceptible country because it is situated between the two major routes used for the drug trade. They are referred to as the Golden Crescent and Golden Triangle. We need to understand what these two terms referred to here and how they acted in a catalyst way to promote illegal drug trafficking in India.

Golden Crescent

One of Asia's two major centers of poppy cultivation is known as the "Golden Crescent." The intersection of central, south, and western Asia is where you can find the golden crescent. The areas occupied by Afghanistan, Iran, and Pakistan by the three nations are contiguous.

According to the UNODC, Afghanistan is the country that produces the most hassish in the world and nearly 90% of the world's non-pharmaceutical quality heroin. Opium is illegally transported from this path to Russia, as well as from the Balkan route to Turkey, Greece, and Bulgaria.

Golden Triangle

In Southeast Asia's golden triangle, where Thailand, Laos, and Myanmar meet the Mekong River and the Ruak River, heroin is also produced. Myanmar is the 2nd biggest opium exporter. The Golden Triangle was once the biggest producer worldwide of opium, but today artificial drugs are produced there. According to UNODC Methamphetamine and other synthetic drugs are produced here and transported to Australia and New Zealand.

REASONS FOR THE RISE IN ILLEGAL DRUG TRAFFICKING

Corruption

India has been a country where corruption is the most common practice which is almost carried out in almost all government departments. Corruption is the result of the greedy nature of humans to grow and become rich without involving physical and mental activity on their behalf. Corruption has also affected illegal drug trafficking as many government officials take bribes from the importers of drugs and let them move their drugs from India. According to reports of the Corruption Perception Index, India has been ranked 85 out of 185 countries which shows the pathetic condition of our nation. These raking are not solely based on myths there have been many instances that show the practice of corruption at a large scale such as the video leaked of Army Personnel involved in such types of activities. The police are not lagging in such types of activities but the difference is only that it is engaged in the movement of a small quantity. Even rich wealthy and affluent businessman man is involved in drug trafficking as it renders much profit without any effort on their effort.

Poverty

Poverty in our nation has been always been a constant problem. Even with time and with the efforts of numerous governments the nation has not been able to solve the problem of poverty. Poverty has been defined as a situation in which an individual fails to earn sufficient income to buy bare means of subsistence. India is the world’s most populous country and managing this huge population is not an easy task the government is not able to provide employment opportunities to everyone which leads to no income for the individual due to which he has to engage in such types of activities.

Rising Unemployment

Unemployment may be defined as a situation when a person is not gainfully employed in a productive activity and thereby does not work or earn. Unemployment in India has been always a major problem for the economic growth of the nation. The low unemployment rate in the nation is the major reason for all these types of illegal or illicit type of activities. If the youth of the nation have no work to do then they will be surely engaged in any activity which lures them or gives them money. As stated, the illegal trafficking of drugs furnishes a hefty amount of profit which leads to the engagement of an unemployed person in such type of illegitimate activities. It is well quoted that an empty mind is a devil’s house, therefore to prevent the unemployed person to involve in such types of activities it is necessary to take proper precautionary measures.

Lack of Effective Government Control

The Government has initially failed to act properly and systematically to solve a big issue as it will have an indirect effect on many other things which are related to it. The Government after seeing many effects of this problem tried to implement an Act and set up a separate nodal agency that would only deal to stop the illegal trade practices related to drugs. But it was too late in framing a proper act and agency as the activity has only spread its foot in deviating the nation’s goals and minds of the youth people which were to be utilized more effectively.

EFFECT OF ILLEGAL TRAFFICKING

Deviating the youth from their goal

According to the reports, 22% of the youth population consumed drugs at least a week to escape real-life issues and cope with emotional distress and family issues. According to reports by the United Nations 13% of drug abuse victims in India fall below the age of 20 years which shows the increasing consumption of drugs and decreasing age for consumption of drugs. The youth of the nation is considered to be a factor that can help the nation to prosper and grow at a rapid rate but the use of drugs at an early stage of their life usually deviates from their goal. India has the youngest population in the world where approximately 65% of the population is below 35 years of age which can be utilized in a more effective way rather than consuming such types of products. The consumption of such substances deviates the youth from the young from their education and what they want to achieve in their life, therefore, hampering the growth of the nation.

Increase in Crime Rates

The increased consumption of drugs is directly related to increases in the number of crimes such as Kidnapping, Murder, Prostitution Human Trafficking, etc. When a person is under the influence of intoxication, he does not remember the activity he is doing and usually commits any punishable crimes.

Impact on Health and Body

Drug use and misuse can result in specialized care, ED trips (which can occasionally result in fatalities), the contracting of diseases, and extended hospital stays. It will affect both physical and mental health as the body will suffer from several health issues if consumption is made to an extreme level and from a mental point of view, he will suffer anxiety and depression if he misses consuming drugs within a specified period.

Adverse impact on society

There are many ways that drugs have a detrimental impact on society. They disrupt cardiac and respiratory function and redirect dopamine in the brain. Employees who consume drugs seem to be less productive in their work and have a high chance to lose their work due to their low efficiency. The loss of jobs is a drawback for the nation as the employee who is a contribution towards the growth of the nation is unemployed at present.

Impact on the Family

The use of drugs by one person at the home is the upshot for the rest of the family. The family members have to distress or eliminate that member for the well-being of the whole family. It has the power to separate children from their parents. When kids see their parents using drugs, they may decide to start using them as well. This action will affect the upcoming population who are termed the future of the nation. The same can be in the case of a child if he is addicted to drugs it can be challenging for parents. They risk having their kid away from home for extended periods. They might invite guests over who might vandalize the property or make fun of their parents for the condition of their child.

LEGAL PROVISION UNDER NDPS ACT, 1985

The contour of the aforementioned Act regarding its chapter-4 rubric as OFFENCES AND PENALTIES in which sheaf of section 15 to section 40 is there.

Narcotics control bureau is made under section 4(3) of the N.D.P.S Act,1985

The provisions under these sections talks about the punishment of offenses related to contravention of illicit substances for example- poppy straw, coca plant, and its leaves, opium, etc. The manufacturing, procuring, cultivation, and trading of these substances are prohibited under these sections. The nature of offenses whether bailable or non-bailable is also discussed in these sections and these sections also empower courts to deal with these types of cases.

Under section- 36 of this act special courts are constituted. All cases under this act will be dealt with by these special courts only

The import and export of the illicit substances discussed above are prohibited under section 23 of this act. This act bifurcated the number of illicit drugs into three types

1. Small quantity – If the captured substance is under the small quantity, then the rigorous imprisonment of a maximum of up to 1 year or a fine up to ₹10000 or both can be awarded.
2. Intermediate quantity- if the captured substance is under a small quantity, then the rigorous imprisonment of a maximum of up to 10 years or a fine of up to ₹100000 or both can be awarded.
3. Commercial quantity - If the captured substance is under a small quantity, then the rigorous imprisonment of a maximum of up to 20 years or a fine up to ₹200000 or both can be awarded but here minimum fine will be ₹100000.

STEPS TAKEN BY THE GOVERNMENT TO CURB ILLEGAL TRADE

1. The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), which is in force in India, forbids the production, ownership, selling, and usage of drugs. This legislation also resulted in the formation of NCB. According to this law, the sentence may be increased from one to twenty years.
2. This law includes measures for punishing both financiers and dealers of illegal substances.
3. The government has the right to confiscate, sequester, and revoke any property that was purchased with money obtained from the drug trade.
4. Another important aspect is border control. Rajnath Singh, India's Minister of Defense, has started the "Electronic Border Surveillance Project" at the frontier with Bangladesh to gain control over this illegal commerce. This initiative is being carried out as part of an extensive integrated border management system that currently makes use of microwave transmission, optical fiber cable, security cameras, digital mobile fiber, etc. With the aid of a fast reaction team, this cutting-edge timepiece records, unlawful border activity and notifies border security forces. The unsavory frontier traffic will be stopped.
5. The Indo-Pak frontier has also been equipped with a "Virtual Fence" or "smart fence" system that uses thermal and laser alert systems. This barrier at the Indo-Pak frontier is built with the aid of an infrared alert system.
6. To stop the trade of drugs and coordinate efforts to avoid these security risks, India and its neighbors have inked numerous mutual agreements.
7. India also ratified all three UN agreements on combating illicit drug traffic.
8. To stop drug use and trafficking in different areas of the nation, India has also been nurturing alliances with voluntary organizations like NGOs, civic societies, municipal boundaries, etc.

INTERNATIONAL CONVENTIONS

The problem of the illegal trade of drugs is not only present in India but is widely spread across the globe and is affecting the world at large. Due to this, the United Nations formed three international treaties that lay down the framework of the global drug control regime. The Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol, the Convention on Psychotropic Substances, 1971, and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. These accords seek to create globally applicable control measures to guarantee the availability of psychotropic drugs for medicinal and scientific applications while preventing their diversion into illicit channels. The accords also contain broad guidelines on the use and trade of psychotropic drugs.

UNITED NATIONS AGENCIES ASSOCIATED WITH CONVENTIONS ON DRUGS

The three agreements give the World Health Organization, the International Narcotics Control Board, and the Commission on Narcotic Drugs (CND) specific responsibilities.

• Commission on Narcotic Drugs
  With 53 nations as members, the CND is the legal and policy-making entity that supports the Council in monitoring the implementation of the worldwide drug control accords. Additionally, it provides the Council with guidance on all issues about the management of narcotics, psychoactive compounds, and their constituents. The Commission on Narcotic Drugs is tasked with crucial legal duties by worldwide drug control accords. These include the power to investigate all issues about the meetings' goals and guarantee their observance.
• International Narcotics Control Board
  The INCB is responsible for controlling and regulating the licit manufacture of, trade-in, and use of drugs. INCB endeavors, in cooperation with Governments, to ensure that adequate supplies of drugs are available for medical and scientific uses and that the diversion of drugs from licit sources to illicit channels does not occur. INCB also monitors Governments’ control over chemicals used in the illicit manufacture of drugs and assists them in preventing the diversion of those chemicals into illicit traffic.
• World Health Organization
  The WHO's job is to evaluate a chemical's therapeutic potential from a public health standpoint and use the best available data and balance the reasons for and against regulating its use. The WHO ought to strike a compromise between the need for a drug to be accessible for medicinal use and the potential harm that its unauthorized use might cause to human health.

CONCLUSION

At last, we can say that the illegal trade of drugs should be prohibited and shall be put to an end so that the drugs can be utilized in the best way possible such as through healthcare facilities rather than injuring life or increasing the death of the person. The Government is taking appropriate measures and it should implement them in the best and most effective way so that it can show an immediate effect on the people, society, and economy. The Government is also a member of the International protocols; therefore, it should abide by the rules and regulations set out in the protocols if it wants to achieve its goal faster and accurately. As all things are interconnected with one another therefore if drug trafficking is controlled, then all the activities will be within the control of the government and then the government can work for the betterment of society.

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