Theme: Public Health

Government’s efforts for controlling drug abuse

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Government Schemes and Centres

The Ministry of Social Justice and Empowerment has been implementing a Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse since 1985 for identification counselling, treatment and rehabilitation of addicts through voluntary and other eligible organisations. Under this scheme, financial assistance is given to voluntary organisations and eligible agencies for running and maintaining Integrated Rehabilitation Centres for Addicts.

A National Centre for Drug Abuse Prevention has also been set up by the National Institute of Social Defence to provide technical support to the government on policies relating to substance abuse prevention and providing services for substance demand reduction. This Centre also carries out programmes for capacity building and training personnel of de-addiction centres.

National Action Plan for Drug Demand Reduction  

The Ministry of Social Justice and empowerment has prepared a National Action Plan for Drug Demand Reduction for the period of 2018-25. This plan focuses on: 

  • Preventive education 
  • Awareness generation 
  • Identification, counselling, treatment and rehabilitation of drug dependent persons 
  • Training and capacity building of service providers through collaborative efforts of government and NGOs. 

It aims at reduction of adverse consequences of drug abuse through education, de-addiction and rehabilitation of affected individuals. More information on this Action Plan can be found here.

National Fund for Control of Drug Abuse

The law requires the government to set up a National Fund for Control of Drug Abuse(( Section 7A)) for meeting the expenditure incurred in measures taken for: 

  • Combating illicit trafficking 
  • Controlling abuse of drugs and substances 
  • Identifying, treating and rehabilitating addicts 
  • Preventing drug abuse 
  • Educating public against drug abuse 
  • Supplying drugs where the same is a medical necessity

The money for this fund comes from: 

  • Central government (after Parliament has made appropriations for it by a law) 
  • Sale of any property that was forfeited or seized as illegal property.
  • Grants made by persons or institutions
  • Income from investment of amount credited to the Fund.

Is Covid-19 an epidemic or a disaster?

Covid-19 is a widespread epidemic, and also a declared disaster in India. The Government has the power to1 take measures and prescribe regulations to:

  • Prevent the spread of a dangerous epidemic disease like Covid-19.
  • Inspect any ship or vessel leaving or arriving in any port.
  • Detain any person planning to leave or arrive in India.

The Government also declared Covid-19 as a “Notified Disaster” under the law on disaster management, which plays in role in(( Section 2(3), Disaster Management Act, 2005)):

  • Preventing any danger or threat of any disaster
  • Mitigating or reducing the risk of any disaster, its severity or consequences
  • Capacity-building and preparedness to deal with any disaster
  • Providing a prompt response to any threatening disaster situation 
  • Assessing the severity or magnitude of effects of any disaster.

 

  1. Section 2, Epidemic Diseases Act, 1897 [↩]

Smoking in a Public Place

Places you cannot smoke

Smoking in public buildings like a restaurant, theatres, healthcare institutions or public transport is a crime. If you are caught smoking in a public place, a police officer can detain you. The punishment is a maximum fine of Rs. 200.

Places you can smoke

Open Spaces

You can smoke in completely open spaces like roads or parks. However, it is still illegal to smoke in public places like bus stops, railway stations or open auditoriums.

Smoking Areas

You can smoke in designated smoking areas. Under this law, hotels (with more than 30 rooms), airports, or restaurants (which can seat more than 30 people) can create a separate smoking area where smokers can smoke.

 

Bail for using Drugs

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Crimes committed in relation to drugs and substances are all cognisable in nature. This means that the police do not need a warrant from a Magistrate to make an arrest. 

If the crime committed is for a small quantity or less than the commercial quantity of drugs or substances, you can apply for bail directly from the police and the same will be granted to you. It may be contingent on furnishing a personal or other bond. 

Crimes committed for a commercial quantity of drugs or substances are considered non-bailable under law. This does not mean that you will not get bail. You can apply in court and the same will depend on the judge’s discretion. You cannot ask for it as a matter of right.

How is the Government taking action against Covid-19?

Typically, the Government response to an epidemic, such as Covid-19, involves two primary laws – the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005. 

The Epidemic Diseases Act, 1897

The Epidemic Diseases Act, 1897 (“Epidemic Act”) gives the Central Government as well as State Governments the power to take special measures and prescribe regulations to prevent the spread of a dangerous epidemic disease. However, there is no definition of the term ‘Dangerous Epidemic Disease’ under this law.

Throughout the lockdown in India, the Central and State Governments took several actions to control the spread of the disease by:

  • Restricting spread and movement by enforcing lockdowns or curfews.
  • Conducting Covid-19 checks at airports.
  • Travel bans within and between States.
  • Stopping non-essential activities like movie threats, amusement parks etc.
  • Stopping schools from opening and encouraging online teaching methods.
  • Preventing mass gatherings at weddings, funerals etc.
  • Stopping industries and construction activities.
  • Shutting down offices and workplaces.

State Governments also have the power(( Seventh Schedule, Constitution of India, 1950; Section 2, Epidemic Diseases Act, 1897)) to take measures to prevent the outbreak of an epidemic, by prescribing regulations to be enforced with respect to any person or group of people. An example of this would be Delhi Epidemics Diseases, COVID-19 Regulations, 2020, continuously passed by the Delhi Government to restrict gatherings.

The Disaster Management Act, 2005

Since the Covid-19 outbreak is a “Notified Disaster”, the Disaster Management Act, 2005 applies to it and State Governments will get access to appropriate funds in order to respond and provide immediate relief to victims of the disaster. Through this law, the government can take/has taken action to manage the Covid-19 disaster by:

  • Preventing its  danger or threat of spreading. For example, by enforcing lockdowns.
  • Mitigating or reducing its risk, severity or consequences. For example, researching and implementing vaccine trials in India.
  • Capacity-building and preparing to deal with Covid-19. For example, opening Covid-19 testing centres and camps across states.
  • Assessing the severity or magnitude of the effects of Covid-19. For example, taking surveys and tracking cases through applications such as Aarogya Setu.

The Government imposes periodical lockdowns by giving a set of directions to all Ministries/Departments of the Government of India, State/Union Territory Governments and State/Union Territory Authorities.((  Disaster Management Act, 2005; Epidemic Diseases Act, 1897.)) These lockdown orders are published on the Ministry of Home Affairs website.

Selling Cigarettes

There are some prohibitions and restrictions when it comes to selling cigarettes. It is illegal(( ​​Section 77, Juvenile Justice Act; Section 6, The Cigarettes and Other Tobacco Products Act, 2003.)) to:

  • sell cigarettes or tobacco products to people under 18
  • sell cigarettes or tobacco products within 100 yards of any educational institution

If you are caught selling cigarettes to minors (under 18), a police officer can detain you and take you to the Magistrate in 24 hours.  You will be punished with jail time up to seven years and a fine up to one lakh rupees.

Vehicle Stop and Search

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

If an authorised police officer has reason to believe that a vehicle or an animal is being used to transport narcotic drugs, psychotropic or controlled substances, he has the power to stop such vehicle or animal and search it accordingly. This power to stop includes all lawful means, including firing upon the vehicle or animal if necessary. 

Such a police officer would also have the power to compel an aircraft to land if he thinks it is necessary to carry out a search.

How are lockdowns imposed during Covid-19?

The COVID-19 lockdown across States is used as a measure to prevent the further spread of the disease. 

The lockdown is imposed through a set of orders by which the National Disaster Management Authority (National Authority) requests all Government Ministries/Departments including State/Union Territory Governments to take effective measures  to prevent the spread of Covid-19 in the country. The National Authority has the power to issue guidelines1 on how the lockdown should be implemented, and can request the government to comply with their directions and implement them strictly. These lockdown orders are published on the Ministry of Home Affairs website.

During the lockdown period, the government provides and allows the provision of many essential services , whereas non-essential services are temporarily suspended. For example, essential services like medicines are available while non-essential services like amusement parks may be stopped for some time. Some of the services available also depend on the State Government, so it is important to know the directions given in the State. 

  1. Section 6, Disaster Management Act, 2005 [↩]

Advertisement of Tobacco Products

Under the law, it is illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) for you to advertise(( Section 3(a), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)), through any medium (including visual, auditory, etc.), any cigarettes or other tobacco products. You cannot authorize advertisement of tobacco products for money.

Prohibition of Advertisement

Specifically, the following activities are illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • Display or permit the display of, in any manner, an advertisement of any tobacco product.
  • Sell or permit the sale of, in any manner, any film/video which advertises any tobacco product.
  • Distribute or permit the distribution of, in any manner, any leaflet or similar material which advertises any tobacco product.(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))
  • Exhibit, in any manner, on any structure, land or vehicle the advertisement of any tobacco product.
  • Promotion of any brand name of cigarettes or any tobacco products in exchange for money, gifts, etc.(( Section 5(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Permission for Advertisements

The advertisement of tobacco products is permitted with respect to(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

  • A package containing cigarettes and other tobacco products.
  • A shop/warehouse where cigarettes and other tobacco products are offered for distribution or sale.

However, certain specifications must be followed while advertising tobacco products at shops/warehouses where such products are sold. Some of these are((Section 2(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2006.)):

  • The board used to advertise must not be bigger than 60 cm by 45 cm.
  • The board must feature one of the following warnings at the top, measuring 20 cm by 15 cm:
    • Tobacco causes cancer, or
    • Tobacco kills
  • No promotion of any specific brand can be done.

Punishment for Advertisement

If you violate any of the rules described here, the punishment is jail time of up to 2 years and/or a fine of up to Rs. 1000. However, on every subsequent offence, the punishment is jail time of up to 5 years and a fine of up to Rs. 5,000(( Section 22, the Cigarettes and Other Tobacco Products Act, 2003.)).

Powers of police and authorities – Search, Seize and Arrest

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Police officers and certain other authorities have wide powers to search and arrest people in relation to crimes committed under this law, and in many cases without a warrant.(( Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985))

Search a place or a vehicle 

If the police officer has reason to believe, either from their own findings or receive written information about a crime being committed in relation to narcotic drugs, psychotropic or controlled substances, they can enter any building, place or vehicle like a car, truck, etc and search the same. If anyone obstructs their entry, they can even break open the door or remove any obstacle in their way. 

Searching a person

If an authorised police officer wants to search you, you can ask the search to be conducted in the presence of a magistrate or certain gazetted officers. Once you make this request, you can be detained by the police officer till you can be brought before a magistrate or an appropriate gazetted officer. However, if the police officer believes that it is not possible to wait for a gazetted officer or a magistrate, he can proceed with the search.((  Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985))

Please note that women can only be searched by a woman officer. 

Seizure

In the process of the search, the police officer also has the power to seize the following: 

  • Drugs, substances and anything used to manufacture it 
  • Any article, vehicle or animal that may have been used in the process
  • Any documents or articles that can be evidence and prove that a crime in relation to drugs was committed

Arrest

While carrying out the search and seizure, if the police officer believes that a crime has been committed in relation to drugs or narcotics, he can even arrest the suspected person. He may not always need a warrant for such an arrest.(( Section 42(1)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985))

These powers of search, seizure and arrest of a police officer also extend to a public place like a hotel, restaurant, shop or any other place accessible to the public.(( Section 423,  Narcotic Drugs and Psychotropic Substances Act, 1985))

You have certain rights when you are arrested. To know more about these rights, please read here.

Immediate Cases – No Warrant Needed

While ideally this search and seizure has to be done in the day time, i.e. between sunrise and sunset and with a warrant from an appropriate judge, if the police officer believes that in the time taken to obtain the warrant the necessary evidence could be concealed or the suspect may escape, he can carry out the search and seizure without a warrant. In such cases he will have to note down his reasons for doing this in writing and inform his immediate supervisor within 72 hours.(( Section 42(2)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985))