DIFFERENT LAWS RELATED TO SUBSTANCE ABUSE
Laws pertaining to Alcohol
DRINK AND DRIVE LAW
The legal drinking age and the rules that govern the sale and use of alcohol differ from state to state in India because there is no national standard for the country's liquor laws. These fluctuations in the regulations revolving around alcohol are due to inclusion of the topic of alcohol in the State List, which comes under the Seventh Schedule of the Constitution of India.
The drinking laws also mention where alcohol can be sold in the states. While in some states, liquor may be sold at groceries, departmental stores, banquet halls, and/or farmhouses, some tourist areas have special laws that allow the sale of alcohol on beaches and houseboats.
The Motor Vehicle Act of 1988's Section 185 states that anybody who attempts to operate a motor vehicle or does so while intoxicated and is found with a Blood Alcohol Level (BAL) that exceeds 30 mg of intake per 100 ml of blood checked with the help of a Breath-analyser, then the person will be punishable with imprisonment for a term that can extend up to six months, or with fine of two thousand rupees, or both. This law also applies for other drugs, apart from alcohol under the influence of which the person is not capable of driving the vehicle.
Additionally, suppose the drunk driving offence is committed again by the offender within three years after the first similar offence. In that case, the offender will face a punishment of up to two years in jail, a fine of up to three thousand rupees, or a combination of the two.
Drinking in public creates annoyance and is therefore punishable by the law. Public drinking is not a very common in India; however, car-o-bar has become a simpler way to drink for youngsters. Consuming alcohol in public places will lead to a fine of Rs 5,000, and if the offender creates trouble, then the fine shall be up to Rs 10,000 with a jail term of three months.
There are a select few days when alcohol sales are prohibited; National Holidays, Republic Day (26 January), Independence Day (15 August), and Gandhi Jayanti (2 October) are typically dry days across all of India, and every state is required to observe that day as a DRY DAY. A few other days are recognized as dry days in addition to these, although they are particular to the states and rely on their occasions and events. For example- During elections, some states observe dry days while polling.
LEGAL AGE FOR PURCHASE AND DRINKING
The Indian Constitution's Article 47 grants each state the authority to outlaw the use of narcotics and alcoholic beverages that are harmful to one's health, except for a medicinal purpose. Each State has ratified different laws for liquor consumption and/or purchase; some have completely banned it, and others have enforced prohibitions up to a specific age limit.
The permitted minimum age for purchasing and consuming alcohol varies from state to state. It is important to note that there is also a difference in the legal age to purchase and consume alcohol within a state. There is a difference between the two permitted ages, even though in many states, it is considered that they are the same. Most states allow adults of legal drinking age to purchase liquor; however, the legal age for drinking ranges from 18 to 25 years for consumers.
- Narcotic Drugs and Psychotropic Substance Act 1985 – NDPS Act 1985)
- An Act that implements the International Convention On Narcotic Drugs And Psychotropic Substances consolidates and amends the narcotic drugs law, makes strict provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, the confiscation of any property derived from or used in the illicit trafficking of narcotic drugs and psychotropic substances, and for matters connected. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:
- Brief title, scope, and commencement:-
- The Narcotic Drugs and Psychotropic Substances Act (1985) is the official name of this law.
- It influences all of India.
- And it also applies to all
- Citizens of India outside India;
- Persons aboard the ships and aircrafts registered in India, wherever they may be.
- Any reference of the commencement of this Act in any such provision shall be understood, with respect to any State, to relate to the State in which that provision entered into force. It shall take effect on the date that the Central Government may, by notification in the Official Gazette, appoint different dates that can be set for different provisions of this Act and for different States.
- Brief title, scope, and commencement:-
Central Government to take measures to prevent and combat abuse of and illicit traffic in narcotic drugs, etc.
The Central Government may take any and all actions it considers appropriate or necessary to prevent and stop the abuse of narcotic drugs, psychotropic substances, and illegal commerce, subject to the requirements of this Act. These measures include all or any of the following matters, namely.
- The coordination of measures taken by various officers, State Governments, and other authorities in connection with the execution of this Act's provisions under this Act or under any other legislation now in effect.
- Obligations under the International Conventions.
- Assistance to the involved authorities in foreign countries and concerned international organizations with a view to enabling coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances.
- Identification, treatment, education, after-care, rehabilitation and social reintegration of addicts.
- Such items as the Central Government deems beneficial or necessary for ensuring the efficient application of this Act's provisions and for preventing and combating the misuse of narcotics, psychotropic substances, and their illicit trade.
The Central Government may also establish authority or hierarchy of authorities by order, published in the Official Gazette, for carrying out those of the Central Government's powers and functions under this Act and for taking actions with regard to those of the above-mentioned matters that may be mentioned in the order, subject to the supervision and control of the Central Government and the order.
Offences and Penalties
The Act's offences are outlined in Chapter IV, along with the penalties for breaking its rules. The different provisions of this law stipulate a minimum 10-year sentence for harsh imprisonment, which can extend up to 20 years for offenders, and also a fine which will not be less than one lakh rupees but which might extend up to two lakh rupees. The court may also impose a higher fine for reasons to be recorded in the judgment.
Punishment For Violations In Relation To Poppy Straw
Any person who breaks any clause of this Act, or any law or order made or any condition of a license granted hereunder, or produces, possesses, transports, imports inter-state, exports inter-state, sells, purchases, uses or excludes to warehouse poppy straw or eliminates or does any act in respect of warehoused poppy straw, will result in severe imprisonment for a time that must not be less than ten years but may go up to twenty years. Additionally, they will be subject to fines that must not be less than one lakh rupees but may go up to two lakh rupees. The court might, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Punishment For Violations In Relation To Coca Plant And Coca Leaves
Any person who breaks any provision of this Act, or any law or order made or the condition of the license granted thereunder, cultivates any coca plant or collects any portion of the coca plant or produces, possesses, sells, purchases, transports, imports and exports inter-state or utilises coca leaves, shall be punishable with severe imprisonment for a term which shall not be less than ten years but which can extend to twenty years and shall also be accountable to fine not less than one lakh rupees but that may extend to two lakh rupees.
Punishment For Violations In Relation To Prepared Opium
Any person who breaks any provision of this Act, or any regulation or order made or condition of the license provided thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State, or uses prepared opium will be punishable with severe imprisonment for a term which will not be less than a period of ten years but which may extend up to twenty years and will also be liable to fine not less than one lakh rupees but which may extend up to two lakh rupees.
Punishment For Violations In Relation To Opium And Opium Poppy
Any person who breaks any of the provisions of this Act, or any law or order made, or condition of the license granted, or cultivates the opium poppy, or produces, manufactures, possesses, sells, purchases, transports, imports or exports inter-state, or uses opium or opium poppy shall be punishable with a rigorous imprisonment for not less than ten years but may extend to up to twenty years and will also be liable to a fine, no less than one lakh rupees but that may extend for up to two lakh rupees.
Punishment for embezzlement of opium by cultivator
Any manufacturer licensed to cultivate the opium poppy on account of the Central Government who embezzles or illegally disposes of the opium produced or any part thereof shall be punishable with rigorous imprisonment of ten years but which can go up to twenty years and shall even be susceptible to fine of one lakh rupees but which can go up to two lakh rupees.
Punishment Violations In Relation To Cannabis Plant And Cannabis
Any person who violates this Act's provisions, rules, orders, or licensing requirements, who cultivates any cannabis plants, or who generates, manufactures, possess, sell, purchase, transport, import, export, or consume cannabis faces the following penalties:
- Where such violation relates to ganja or the cultivation of cannabis plant, with harsh imprisonment for a term that can extend up to five years and will also be liable to a fine which may go up to fifty thousand rupees;
- When this infringement involves cannabis other than ganja, it is punishable by rigorous imprisonment for a time that must not be less than ten years but may go as high as twenty years, as well as by a fine that must not be less than one lakh rupees but may go as high as two lakh rupees.
Punishment For Violations In Relation To Manufactured Drugs And Preparations
Any person who breaks any provision of this Act, or any rule or order made or condition of the license granted thereunder produces, possesses, sells, purchases, transports, imports or exports inter-state, or consumes any manufactured drug, or any preparation containing any manufactured drug, is penalized by strict imprisonment for a duration of no less than ten years, but not more than twenty years, and by a fine of no less than one lakh rupees, but that can go up to two lakh rupees.
Punishment For Violations In Relation To Psychotropic Substances
Any person who violates any provisions of this Act, any rule or order made, or any requirement of the license granted thereunder, produces, owns, sells, purchases, transports, imports interstate, exports interstate, or uses any psychotropic substance is subject to strict imprisonment for a term not less than ten years but may extend to twenty years, as well as a fine of not less than one lakh rupees but may extend to two lakh rupees.
Punishment for illegal import to India, export from India or transhipment of narcotic drugs and psychotropic substances.
Any person who violates any provisions of this Act or any rule or order made or condition of the license or permit granted or certificate or authorization issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable by imprisonment for not less than ten years but may extend for up to twenty years and shall also be liable to a fine not less than one lakh rupees but may extend to two lakh rupees.
Punishment for external handlings in narcotic drugs and psychotropic substances in contravention of section 12
Whoever involves in or controls any business whereby a narcotic drug or a psychotropic substance is gained outside India and provided to any person outside India without the prior authorization of the Central Government or otherwise; then in accordance with the conditions (if any) of such authorization granted under section 12, will be punishable with harsh imprisonment for a term not less than ten years but that may extend for up to twenty years and shall also be liable to fine of not be less than one lakh rupees but may extend to two lakh rupees.
Punishment for letting premises, etc., to be used for the commission of an offence
Whoever, as the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance knowingly allows it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Punishment for contravention of orders made under section 9A
If any person breaks an order made under section 9A, he will be punishable with rigorous imprisonment for a term that can extend up to ten years, and they shall also be liable to a fine that may extend to one lakh rupees.
Punishment for certain acts by the licensee or his servants
If the holder of any license, permit, or authorization granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf:
- Excludes, without any reason, to maintain accounts or to submit any return in accordance with the provisions of this Act or any regulations made thereunder;
- Fails to present such a license, permission, or authorization when requested by any authority designated in this regard by the Central Government or the State Government without a valid explanation
- Keeps any records or makes any claims that are untrue, inaccurate, or for which he has cause to think they are incorrect; or
- If a person deliberately and intentionally violates a license, permission, or authorization condition for which a punishment is not already provided elsewhere in this Act, they may be sentenced to up to three years in jail, a fine, or both.
Punishment for the illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such a drug or substance.
Any person who violates this Act's provisions or any rules, orders, or permits imposed thereunder, or who is in possession of any narcotic drug or psychoactive substance in a small amount, which is attested to have been intended for his personal intake and not for sale or distribution, or consumes a narcotic drug or psychotropic substance, shall, nonetheless anything contained in this Chapter, be punishable:
- Morphine, diacetyl-morphine, cocaine, or any other narcotic drug or psychotropic substance may be specified on this behalf by the Central Government, by an announcement in the Official Gazette, with imprisonment for a term that may extend to one year, with a fine, or with both; and
- Where the narcotic drug or psychotropic substance possessed or eaten is other than those specified in or under the previous point, with imprisonment for six months, a fine, or both.
For this section, "small quantity" means such quantity as may be specified by the Central Government by notification in the Official Gazette. The burden of proving that a modest amount of a narcotic drug or psychotropic substance was intended for the owner's personal consumption and not for sale or distribution is on the individual found in the possession of the substance.
Punishment for financing illicit trafficking and harbouring offenders
Anyone who engages in the financing, directly or indirectly, of any of the activities listed in subclauses (I) to (v) of clause (viiia) of section 2 or harbors any person engaged in any of the aforementioned activities is subject to strict imprisonment for a term that must not be less than ten years but may reach twenty years, as well as a fine of not be less than one lakh rupees but may go up to two lakh rupees.
Punishment for attempts to commit offences
Any person who tries to commit a crime that is punishable under this chapter or who tries to make such a crime occur and takes any action that contributes to the commission of the crime will be subject to the punishment specified for the crime.
Punishment for abetment and criminal conspiracy.
Whoever assists, or is a party to a criminal conspiracy to commit, a crime punishable under this Chapter, shall, whether such crime be or be not committed in consequence of such abetment or in the enactment of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code, be indictable with the punishment ordered for the offence. A person aids in or participates in a criminal conspiracy to commit an offence within the meaning of this section if they do so while they are in India and commit an act outside of India that would be illegal if they did so there or if they participate in an offence there that would be illegal under the laws of that place if it involved drugs or psychoactive substances and met all the necessary criteria for such an offence.
LEGAL RIGHTS SECTION (WOMEN)
Legislations in India for Women.
- Rights of Women in India:Constitutional Rights and Legal Rights
The rights available to women in India are often categorised into two groups, namely constitutional rights and legal rights. Constitutional rights are provided within the various provisions of the constitution. On the other hand, legal rights are provided within the different laws (acts) of the Parliament and, therefore, the State Legislatures.
Constitutional Rights of Women
The following are the protections and rights guaranteed to Indian women under the constitution:
- According to Article 15(1), the state is not allowed to discriminate against any Indian citizen based on sex.
- The state is authorized to make special provisions for women. In other words, this clause [Article 15(3)] permits the state to engage in affirmative discrimination in favor of women.
- No citizen should be subjected to sex discrimination or be disqualified from holding any office or position under the state [Article 16(2)].
- Both forced labor and human trafficking are prohibited [Article 23(1)].
- According to Article 39(a), the state guarantees equal access to an adequate sources of livelihood for men and women.
- Per Article 39(d), the state should provide Indian men and women equal remuneration for equal effort.
- According to Article 39(e), the state is obligated to ensure that women employees' health and strength are not exploited and that they are not coerced into occupations unsuitable to their capabilities.
- By Article 42, the state should ensure reasonable and humane working conditions and maternity leave.
- Every Indian citizen is responsible for renouncing disrespectful behaviours to women's dignity [Article 51-A(e)].
- According to Article 243-D(3), women must hold one-third of the total seats in each Panchayat that will be filled by direct election.
- According to Article 243-D(4), women should hold one-third of the number of chairperson positions in Panchayats at each level.
- In every Municipality, one-third of the total number of seats up for direct election must be filled by women [Article 243-T(3)].
- As the State Legislature may specify [Article 243-T(4)], the positions of chairperson in the Municipalities should be reserved for women.
Legal Rights to Women:
The following are the several rights and safeguards for women in India:
- The Protection of Women from Domestic Violence Act of 2005 is a comprehensive piece of law designed to safeguard women in India from all types of domestic abuse. It also covers women who have or are dating the abuser and experience any form of violence, including physical, sexual, mental, verbal, or emotional abuse.
- Immoral Traffic (Prevention) Act (1956) is to prevent the trafficking of women and girls for commercial sexual exploitation. In other words, it prevents the trafficking of women and girls for prostitution as an organised means of living.
- The Indecent Representation of Women (Prohibition) Act (1986) forbids the indecent portrayal of women in any form, including in writing, art, sculpture, and advertisements.
- The Commission of Sati (Prevention) Act of 1987 makes it possible to more effectively stop the commission of sati and the glorification of women that results from it.
- Dowry Prohibition Act (1961) prohibits giving or taking dowry at, before, or any time after women's marriage.
- Maternity Benefit Act (1961) regulates women's employment in certain establishments for a certain period before and after childbirth and also makes allowance for maternity and certain other benefits.
- The Medical Termination of Pregnancy Act of 1971 permits certified medical professionals to end certain pregnancies for both medical and humanitarian reasons.
- Pre-Conception and Pre-Natal Diagnostic Techniques Act or the Prohibition of Sex Selection Act (1994) prohibits the sex detection before or after conception. It stops female foeticide from occurring when prenatal diagnostic methods are used improperly to determine sex.
- The Equal Remuneration Act (1976) mandates that men and women workers get equal compensation for identical or similar jobs. Additionally, it stops sexism towards women throughout the hiring process and during employment.
- Dissolution of Muslim Marriages Act (1939) gives a Muslim woman the option to file for divorce.
- Muslim women who have been divorced by their husbands or who have obtained a divorce from them are protected under the Muslim Women (Protection of Rights on Divorce) Act (1986).
- The Family Courts Act of 1984 establishes Family Courts to facilitate the swift resolution of family conflicts.
- Indian women are protected from dowry murder, rape, abduction, cruelty, and other offenses under the Indian Penal Code (1860).
- The Code of Criminal Procedure (1973) includes a number of protections for women, including the requirement that a man support his wife and the use of female police officers in arrests.
- Indian Christian Marriage Act (1872) creates provisions relating to marriage and divorce in the Indian Christian community.
- Legal Services Authorities Act (1987) gives free legal services to Indian women.
- The Hindu Marriage Act of 1955 established monogamy and permitted divorce under certain conditions. It gave Indian men and women the same marriage and divorce rights.
- Hindu Succession Act (1956) recognises the right of women to inherit parental property equally with men.
- Minimum Wages Act (1948) does not allow the discrimination between male and female workers or the allocation of different minimum wages for them.
- The Mines Act (1952) and Factories Act (1948) prohibits women's employment between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.
- The following other legislations also contain certain rights and safeguards for women:
- Employees’ State Insurance Act (1948)
- Plantation Labour Act (1951)
- Bonded Labour System (Abolition) Act (1976)
- Legal Practitioners (Women) Act (1923)
- Indian Succession Act (1925)
- Indian Divorce Act (1869)
- Parsi Marriage and Divorce Act (1936)
- Special Marriage Act (1954)
- Foreign Marriage Act (1969)
- Indian Evidence Act (1872)
- Hindu Adoptions and Maintenance Act (1956).
- National Commission for Women Act (1990) established a National Commission for Women to study and monitor matters relating to women's constitutional and legal rights and safeguards.
- Sexual harassment of women at work (Prevention, Prohibition and Redressal). The Act of 2013 protects women from sexual harassment at work, whether organized or not, in the public and commercial sectors.
The Third Chapter of the Indian Constitution includes Articles 12 to 35 that list fundamental rights. Rights are the fundamental resources we require for development. These are the claims of those accepted by society and upheld by the government. Given that rights are the foundation of democracy, it is impossible to imagine fundamental rights not existing in India.
- Right to Equality, Article-14 to 18 –
- Equal rights under the law According to Article 14, no one in India should be denied equality before the law or equal protection under the law.
- Prohibition of Discrimination, Article-15
- Equality of opportunity Article-16
- Abolition of untouchability Article-17
- Abolition of titles Article-18
- Right to Freedom, Articles 19 to 22
- Freedom of speech and expression Article-19
- The Article 361 A on freedom of the press grants the press the authority to publish a summary of the proceedings of the Indian Parliament and state legislatures.
- The right to information is linked to the freedom of speech and expression granted in Article 19 of the constitution.
- Freedom to practise any profession or any occupation, trade or business.
- Freedom to form associations and unions.
- Freedom to assemble peacefully without arms.
- Freedom to move freely throughout India.
- Freedom to reside in and settle in any part of India.
- Protection given an offense conviction Article 20
- Right to education Article 21 A
- Protection of life and personal liberty Article 21
- Protection against arrest and detention in certain cases Article 22
- Right against Exploitation, Article 23-24
- Prohibition of compulsory services Article-23: The state cannot force people to do mandatory service for public purposes.
- Prohibition of trafficking of human beings and forced labour Article 23 prohibits the trafficking of human beings and forced labour.
- Article 24 on the Prohibition of Child Labor states that children under the age of fourteen are not permitted to work in mines, factories, or other hazardous environments to protect their health.
- Right to religious freedom, Article-25 to 28
- Freedom to profess and preach any religion, Article-25
- Freedom to manage religious affairs, Article-26
- Freedom not to pay taxes for promoting any particular religion, Article-27
- No religious instructions in government educational institutions, Article-28(1)
- In private educational institutions, religious education is not against the will, Article 28 (3)
- Cultural and educational rights, Article 29 to 30
- Protection of the interest of minorities, Article-29(1)
- Freedom to acquire admission in any educational institution Article-29(2)
- Right of minorities to establish educational institutions, Article-30(1)
- No discrimination while giving grants-Article-30(2)
- Right to constitutional remedies, Article-32
- Article-31(1) states that a citizen can approach the Supreme Court of India by process of law to implement the Fundamental Rights included in Chapter 3 of the constitution.
- Article-32(2), the Supreme court of India cab issue writs like the Habeas Corpus, Mandamus, Prohibition, etc.
- Article-32(3), Without interfering with or affecting the authority of the Supreme Court of India, the Indian Parliament may authorize any court to issue a notice within its territorial jurisdiction.
- Article-32(4), Except in situations specified by the Indian Constitution, the state cannot suspend the right to constitutional remedies.
This information can undergo revisions as it has to do with Legal systems. Therefore, please also check for current Laws and Rights with the concerned authority websites.