Wednesday, 30 May 2012

Casual drug users not criminals

The Times of India


MUMBAI: A father waited anxiously at a psychoanalyst's suburban clinic a few months ago as his son's test reports were sent in. When the results were finally revealed, tears welled up in his eyes. His teenage son had tested positive for consuming a party drug. The father felt concern but also fear: did this make his child a criminal; would he have to face the stringent laws meant to tackle drug trafficking.

The psychoanalyst comforted the father and assured him that the son was not a criminal. The recent police raid on a Juhu hotel has highlighted the same concerns, with many questioning if a casual drug user should be tarred with the same brush as a hardened trafficker. Psychoanalyst Anjali Chhabria said there is a generational shift in the way most soft drugs, like cannabis, and some other illegal substances are viewed in metros.

"There is a rise in casual drug use, but addicts and occasional drug users cannot be treated as criminals," Chhabria said. Many doctors and lawyers emphasized the need to ease the morality attached with the issue of casual drug use. Legal experts said that Indian drug laws are modelled on international conventions, but they deviate on the point of making consumption an offence.

"Rather than imposing criminal punishment, it must be seen for what it is—a health issue," said Dr Harish Shetty. India's narcotic laws give a person caught with a small quantity of drugs (for personal consumption) one opportunity at rehabilitation. But is that one chance enough, asked a senior advocate. Lawyers said that worldwide there are examples of people who experiment with drugs in their younger days but do not turn into addicts. "Should the law then not differentiate between a consumer and a trafficker and decriminalise casual drug use?" said a lawyer. Said senior advocate Amit Desai: "The wrath of the law must fall on the trafficker. Even a small peddler who forms the last link in the drug chain has to be dealt with strictly. But a person who uses drugs for personal consumption may be treated differently to rehabilitate and reform him."

http://timesofindia.indiatimes.com/city/mumbai/Casual-drug-users-not-criminals/articleshow/13649955.cms

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