RECENT TRENDS IN THE NDPS LAWS IN INDIA: BALANCING ENFORCEMENT AND HUMAN RIGHTS

Abstract

India’s Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, has been the cornerstone of the country’s drug control framework. However, its implementation has drawn significant criticism for conflating drug possession for personal use with trafficking, leading to human rights violations, legal uncertainty for healthcare professionals, and ineffective harm reduction strategies. This article examines recent trends in the interpretation and enforcement of the NDPS Act, highlighting the issues of overcriminalization, the ambiguous regulatory environment affecting pharmaceutical access, and the systemic barriers to harm reduction programs. It also explores the critical role played by NGOs in advocating for legal reform and providing essential support services. Moreover, it analyzes the judiciary’s struggle to balance punitive mandates with the constitutional rights of individuals. The paper calls for a reorientation of India’s drug policy towards a Human Rights and public health-centered framework, emphasizing the urgent need for legislative clarity, medical access, and compassionate care for drug-dependent individuals.