DRUG TRADE DYNAMICS IN
Molly Charles
Introduction
The criminalisation of drug use and trade as a step
towards restricting and eradicating drug consumption and drug trade has only
further complicated the local reality without reaching the set out objective.
It has led to a shift to harder forms of drug consumption and riskier modes of
drug intake making the issue of drug demand control difficult to address,
especially with a punitive approach to drug control.
To get a real understanding of the present day drug
trade situation in
a)
Historical factors that shape today’s
drug scene.
Local culture had a definite role to play in the
manner in which the mode of trade and accepted norms for use evolved through
the decades. When the country was under British rule and opium was an official
item for trade and certain communities benefited from their close interaction
with the British by being part of the machinery organising the collection
trading of opium.
The cultivator who bore the direct burnt of
enforced cultivation did not make particular gain from the trade. Even when
surplus opium was produced in these areas many farmers died of famine, as in
case they wanted to cultivate food crops it had to be hidden between the poppy
plants. The benefits of being able to interact directly with the British was
restricted to a community because their culture did not hinder interacting with
people who ate meat and drank liquor, something prohibited by culture for the
elite upper class in India.
A detailed historical analysis by Farooqui,1998, provided
in depth information on the various business groups that gained through opium
trade.
After independence and even prior to it,
On becoming a signatory to the Single Convention,
One of the efforts taken under the attempt to
implement NDPS Act, 1985 was to systematically reduce the area under opium
cultivation in
There have been reports, recently, that a
successful alternative has been identified for these alkaloids. Hence, whether
·
It
would be a political gamble for any political party to seriously address the
issue. The small areas of dispersed cultivation covering three different States
has the support of local people and ensuring its existence is essential to safeguard
an assured vote bank for any political party.
·
A large section
of the country’s population depends on traditional systems of medicine and
home remedies. Present day western medicines are way beyond the reach of common
man despite the fact that many western medicines are produced locally, far
cheaper than in other countries. Besides, the traditional systems of medicine
focus on a strengthening resistance to disease in the individual quite unlike
western medicines focus on a generalised destruction for curative purposes
or preventive goals. Opium is also used by local veterinary doctors to deal
with their daily curative requirements.
Even under pressure from the
international community
b)
Criminalisation of Drug Use and Trade
Both cannabis and opium have been traditionally
consumed for culturally relevant purposes in many parts of the country. The
religious use of cannabis continues to exist especially among followers of Lord
Shiva. Bhang (a drink made with tender
leaves of cannabis) is used by lay people to celebrate Shivaratri and Holi (the festival of colours), the saivite
sadhus (religious priests who live ascetic, celibate lives, often in
isolation) also consume hashish and or marihuana on a daily basis. This is
to facilitate them concentrate and meditate under especially harsh climatic
conditions. A large section of these sadhus live the life of a mendicant and
often staying at one place only for a few days - other than when at places of
pilgrimage. Sadhus consume cannabis products daily in a significant quantity,
for them offering a pipe of cannabis to smoke is similar to offering a cup of
tea or coffee in other cultures.
The daily consumption of a sadhu is quite large and
considering the significant number of sadhus in the country there is a need to
consider how this population can get a legitimate supply of charas/hash if the
government is to seriously consider drug use management. Otherwise it can only
be met through illicit channels, further complicating the drug trade and use
situation. Though such religious use has
existed for centuries there has been no provisions made other than to state
that use of bhang is legal and yet, cannabis leaves the source for making bhang
is illegal as there are no measures for legally cultivating cannabis and
collecting tender leaves.
It is such complex realities that have ensured that
those involved in drug trade as a criminal undertaking along with other illegal
activities are offered a conducive cover. The strategies for undertaking this
venture are often loose and informal at the initial levels of cultivation,
processing and distribution, though it appears far more organised at higher levels
for otherwise it becomes difficult explain the smooth shifts in routes and
modes of trade.
The use of Opium for cultural reasons existed and
continues to do so in certain parts of
Another product of opium used is a drink made from
boiling the poppy straw after opium has been harvested This use exists in
different parts of northern India, in the State of Punjab, Sikhism the religion
of the majority does not permit smoking. Here, opium is taken either eaten or
prepared into a drink like tea. With criminalisation and subsequent difficulty
in procuring the substance individuals, from even the rural areas have begun to
use synthetic opiates such as spasmoproximon, a synthetic opiate.
Cannabis and opium has been used by people to deal
with extreme heat in desert regions as in other places. Opium has been used by
people travelling through deserts and also given to camels accompanying
them. The drink made from cannabis
leaves called bhang, is made by mixing the paste of cannabis leaves with milk
and dry fruits. The cannabis stem has been used to make rope, shoes and clothes
in cold regions close to
c)
Limitation in the implementation of NDPS Act, 1985,
Prior to the recent amendment of the NDPS Act in
2002, one could be place under arrest for trading in drugs if one held in
possession 250mg or quarter of a gram. According to data available the minimum
daily requirement for a heroin user would vary between one to two grams.
Initially, during the implementation of the law far more drug users, convenient
scapegoats, landed behind bars than those who traded in narcotics. As the
judiciary process is slow, they languished in prisons for years before the case
was heard and disposed off. The limited numbers of those arrested for trading
in drugs had access to the best legal assistance and escaped imprisonment and
rarely waited long for the trail since they could either afford the best legal
services or it was provided them by their protectors.
With the recent amendment there has been a
distinction made between small quantity and large quantity. In case of heroin a
small quantity is, presently, defined as any quantity below and equal to 5gm
and commercial quantity over 250gms. For cannabis the minimum quantity was
earlier 5gm and now it is 1Kgm. There is now a resultant shift in the profile
of persons arrested and there are more couriers ending up behind bars and the
conviction rate for them is increasing.
Corruption within the various agencies also ensures
that those in important positions in trade are not arrested. This is seen at
different levels of the trade whether cultivation, processing, distribution or
retail sale. With regard to local cultivation there is diversion from licit
cultivation and illicit cultivation in different parts of
d) Drug Trade and
Organised Crime in India
Organised crime has taken on the form of a loose
network at the local, national and international level. Based on the political
support received and ability to address certain social needs individual groups
have flourished or networked with smaller groups to sustain their activities.
These include settling civil issues, gold/silver smuggling, hawala (money transactions outside the banking
channels) money laundering through film industry, construction works and
under invoicing or over invoicing, and creation of shell companies. During the
seventies and later on dealing in ‘imported’
consumer goods and electronic items was lucrative and now with
liberalisation the trade in drugs is one item that has remained lucrative.
Gangs became involved in drug trade, earlier, with
the export of hashish, and then added on other substances such as heroin,
acetic anhydride and methaqualone. As strict silence and a loose network of
disposable actors are easily available in the drug trade, enforcement agencies
have had limited success in making a significant dent. Corruption in turn,
different personnel from different agencies has ensured that important
individuals of the trade are never identified or prosecuted.
The dismal extent of present day commitment towards
common interest or the common man has ensured that a segment of population is
rendered vulnerable and seeks remunerative employment in the drug trade or
other criminal activities. The arrests of individuals from certain states where
social and economic exclusion is largely present is an indication of this
aspect. In the case of the drug trade given the stringent sentence of
imprisonment for ten years or more, the layering of individuals has
significantly increased especially at the retail level. With the high profit that
exists at the street level given the pattern of reducing the purity of the
substance from 30% to 3%, it would be difficult for
loose networks of individuals to undertake trade without the support or
supervision of organised crime groups.
e) Changes in Drug Use and
Trade
Efforts towards drug abuse and trade management
have not had the desired affect for it has expanded the canvas for drug use and
drug trade. Implementation of drug abuse management programmes for last
eighteen years has created a platform for use of synthetic and derivative drugs
in many parts of the country including in rural areas. Trade has spread across
the country with alternatives being set up for export and import, whereby
routes can be taken as per the immediate risks involved. Dealing is contraband
is lucrative option for many and this has ensured that there are participants
to ensures its smooth functioning at different levels within and outside the
systems.
Conclusion
Criminalisation of drug use including traditional
drugs has ensured that it is entrenched within the society and through
criminalisation of cultural mechanism of drug use control there is a shift
towards harder and potent forms of psychoactive substances. With regard to
trade the mechanisms for marketing, transportation, export and import have
diversified, expanded and penetrated different parts of the country. It is
presence of links between organised crime and drug trade, along with corruption
and the fact that drug trade is an attractive option or only option for change
to some have laid foundation to strengthen drug trade.
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