HC calls for shifts from punishment to rehabilitation to combat drug menace

The Punjab and Haryana High Court has called for a bold and transformative approach to combat the drug menace. It has suggested a shift from punitive measures to rehabilitation, education and community reintegration.

The paradigm shift lays stress on the need for collaboration between law enforcement, healthcare professionals and community organisations to create a system where justice is not just about accountability but also about healing and restoration.

“The law, while enforcing accountability, must also uphold the principle of human dignity by facilitating avenues for recovery and transformation. This approach is anchored in the understanding that true justice does not reside solely in punishment but in the restoration of the individual and the community at large," Justice Sandeep Moudgil asserted.

The court added it was imperative that its observations guided the evolution of judicial thought towards a model where law enforcement and social welfare were not seen as separate entities but as interdependent forces working together to create an environment of healing and reintegration. “By doing so, a transformative role can be played in mitigating the scourge of addiction, ensuring that the response to drug related issues is as nuanced and profound as the problem itself,” Justice Moudgil added.

The court also expressed deep concern over the clandestine smuggling of narcotic drugs and psychotropic substances in Punjab, which was resulting in widespread drug addiction, particularly among adolescents and students.

"This menace has assumed serious and alarming proportions in recent times, and such rising concern of drug peddling needs an efficacious solution," Justice Moudgil observed, while urging the State government to develop integrated policies for tackling the root causes of drug abuse, incorporating health, education, and social welfare sectors.

Referring to Article 47 of the Constitution of India, Justice Moudgil asserted it was amply clear that the State was required to look into the improvement of public health and the prohibition of harmful substances."

The judgment is significant as it deals with drug addiction not merely as a criminal issue but a multifaceted affliction rooted in socio-economic imbalances, psychological vulnerabilities, and systemic neglect. "Drug addiction is a multifaceted affliction that transcends the boundaries of mere criminality, striking at the heart of our society's social and moral fabric. At its core, addiction is not simply a breach of law but a manifestation of deeper socio-economic imbalances, psychological vulnerabilities, and systemic neglect," the Bench asserted.

The court also referred to the alarming role of organised criminal groups and the illegal importation of narcotic drugs, particularly through the India-Pakistan border.

"The route between India and Pakistan is the most prominent route for the illegal trafficking for a host of factors such as agricultural land, trains up to the borders, and various riverine portions, and most recently, drones. This well-oiled machinery of drug circulation creates a massive illicit market, amplifies social conflict, breeds corruption, and above all, encourages drug consumption," the court observed.