SC Calls Drug Trade a National Crisis: Urges Parents, Schools, and Youth to Unite Against Rising Substance Abuse

The Supreme Court bench composed of Justice B.V. Nagarathna and Justice N.Kotiswar Singh, while upholding the cancellation of bail of an accused involved in drug trafficking, expressed their distress about the ripple effect of illicit drug trade and proliferation of substance abuse in India.

The case involves an accused who was implicated in narcotics and arms-related offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). The State Government transferred the case to the National Investigation Agency (NIA), which subsequently moved an application before the High Court of Punjab and Haryana seeking cancellation of bail granted to the Petitioner due to his alleged role in a broader narco-terror network of smuggling drugs into India.

The Supreme Court held that the Central Government may direct the NIA to investigate such offences Suo Motu or based on a report from the State Government. It also held that while investigating Scheduled Offences, the NIA can also investigate other connected offences under Section 8 of the NIA Act, provided these offences have a nexus with the Scheduled Offence.

In their epilogue, the bench expressed their deep concern over the alarming rise of substance abuse in India, highlighting its widespread impact on public health, social stability, and even national security. They emphasised the importance of Article 47 of the Constitution, which mandates the State to improve public health and prohibit harmful intoxicants, urging governments to tackle the root causes of drug abuse. They also noted how profits from drug trafficking increasingly fund terrorism and violence, exacerbating the crisis.

Therefore, taken in light of the alarming increase in adolescent drug use, the Supreme Court gave some recommendations.

For Parents
The court emphasised the role of parents in preventing drug abuse among adolescents, expressing that parental awareness, communication, and support are key factors in mitigating the risk of addiction.

 “The first step in the effective preventive leap should start within the household. In our view, the most important yearning of children is love and affection and a sense of security emanating from parents and family. Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same by pumping pocket money are some of the reasons why young adolescents are being veered towards escapism and substance abuse. Affectionate and friendly conversations between parents and children and a continuous assessment of the direction in which a child is proceeding is a duty which each parent must undertake. This is to build a sense of emotional security around a child for, in our view, an emotionally secure child would not become vulnerable and be lured towards substance abuse as a possible path towards seeking what is lacking in life.”

For Schools and Colleges

The necessity for schools and colleges to support government initiatives that teach students about the dangers of drug usage was also highlighted by the court.

“They must include prevention of drug abuse in their curriculum, focusing on the physical, emotional, and legal consequences of drug abuse. Naturally, all efforts should be backed by scientific evidence and experiential learning. It is an urgent need that the Ministry of Social Justice and Empowerment’s framework of National Action Plan for Drug Demand Reduction and other programs are given a boost and truly imbibed in drug education programs run by schools and colleges in the country.”

For Local Communities and NGOs

“Local communities should work with NGOs and law enforcement agencies to create awareness campaigns that address the risks of drug abuse with a special focus on schools and youth centres. Either through awareness campaigns, community outreach or peer education, communities can play a critical role in creating knowledgeable safe space that curb the use of drugs.”

NALSA

“The National Legal Services Authority and State Legal Authorities must devise awareness programs and implement them particularly in vulnerable regions of the States and territories more exposed to drug menace.”

NCPCR and NCB

“There is a need for more synergies along the lines of Joint Action Plan on “Prevention of Drugs and Substance Abuse among Children and Illicit Trafficking” developed by the National Commission for Protection of Child Rights (“NCPCR”) in collaboration with Narcotics Control Bureau (“NCB”).”

To the Youth of India

The court also recognized that for young individuals just starting to explore the world, the portrayal of drug use in popular culture contributes to a dangerous trend where substance abuse is glorified as "cool" and a symbol of social acceptance and camaraderie.

“We implore the youth to take charge of their decisional autonomy and firmly resist peer pressure and desist from emulation of certain personalities who may be indulging in drugs.”

In the light of the illicit drug trade, the Court advised exercising community-friendly decision-making and refusing to sustain the bottom line of drug traffickers.

Case Details: Ankush Vipan Kapoor v. National Investigation Agency., SLP (CRIMINAL) NO.2819 OF 2024

Advocate for Petitioner: Mr. Vineet Dwivedi (AOR), Mr. Sumit Kalra, Adv. Mr. Vipul Jindal, Adv. & Ors.

Advocate for Respondent: Ms. Aishwarya Bhati (A.S.G), Mr. Arvind Kumar Sharma (AOR) & Ors.