(..11..)

Alcoholism[1] and Drug Addiction[2]

Table of Contents

QUESTION BANK

Q.1 Discuss the relation between crime, Alcoholism and drug addiction.

Q.2 What are the causes of alcoholism and drug addiction? What are the measures to control alcoholism and drug addiction?

SHORT NOTES

Drug Addiction.
Alcoholism.

I] INTRODUCTION:-

The use of intoxicants, gambling and prostitution are evils associated with crimes for ages. These practices are called ‘crimes without victims’. However, the addict himself is the victim of such crimes. These practices are destructive against the victim himself; therefore, they are called ‘consensual crimes’.

These evil practices cause loss of wealth, quarrels, susceptibility to diseases, loss of good character, indecent exposure, and expired intelligence. Therefore, they are called crimes against public safety, social order, and morals.

Alcoholism and drug addictions cause serious loss to the intoxicant himself. However, these bad habits have been prevalent in almost all societies over the ages.

II] Impact of Alcoholism and Drug Addiction/its Relation with Crime Causation

The addictions are prevalent because of their alleged pleasurable and relaxing effects on the body and mind. Some use it to relieve physical tension and fatigue and as a stimulant to withstand adversities.

Due to the expansion of the pharmaceutical industry, the use, abuse, and misuse of alcohol and drugs has increased monstrously, covering almost all sections of society.

There is a close relationship between alcoholism, drug addiction and crime. These addictions expire the reasoning capacity of an individual; he loses control of his conscience and, many a time, is tempted to commit crimes.

It is, therefore, necessary to control such practices to achieve the socioeconomic welfare of society.

Addiction leads to causing conventional crimes such as dacoity, murder, prostitution, rape etc. It also causes social problems such as abandonment of family, malnutrition of family members, increases in disease, illness, unemployment, indebtedness and child delinquency etc.,

Robert Seliger, in his article ‘Alcohol and crime’, has laid down the relationship between alcoholism, drug addiction and crime as follows-

Crimes are often planned in liquor shops and bars where alcohol is sold;
Offenders generally consume liquor and alcohol or drugs to overcome their inhabitations and emotional strains.
The booty and gains of crime are often distributed and shared in liquor or wine shops.
Alcohol and narcotic drugs help to remove the element of self-criticism from the criminal in relation to himself and his crimes.
Juvenile delinquency and drinking are intimately connected.
The illegality of purchase and possession of alcohol and narcotic drugs makes alcoholics or drug addicts delinquent ipso-facto.
Alcoholism and drug addiction being forbidden by law, their procurement gives rise to a number of related crimes such as illicit spirit-distilling, smuggling of wine or intoxicating drugs, racketeering, drug trafficking, underhand deals, the ill transmission of alcohol and narcotics from one place to another and bribing the officials to escape arrest and punishment; and
Research has shown that alcohol is more contributory to criminality than other drugs.

III] Causes of Alcoholism and Drug Addiction:-

The following can be cited as the main causes of alcoholism and drug addiction-

1) Rapid industrialisation and Urbanisation:-

Rapid industrialisation and urbanisation have changed the lifestyle of people and their approach toward alcoholism and drug addiction. The approach has changed from condemnation to reputation.

2) Lack of parental care and control:-

Lack of parental care and control of children leads them towards alcoholism and drug addiction.

3) Development in pharmaceutical and medical services:-

Recent developments in pharmaceutical and medical science have led to the invention and production of various toxic synthetic substances. It also reduces the price of such substances to make them available at a lessor price.

4) To release stress:-

Many persons consume alcohol and drugs to come out of frustration and emotional stress, painful illness etc.,

5) Enjoyment and fun:-

Many youngsters take alcohol and drugs just for enjoyment and fun, ultimately making them addicts.

6) Social Disorganisation:-

Family stress and frequent family breakdowns create social disorganisation and lead persons towards alcoholism and drug addiction.

IV] Measures to control alcoholism and drug addiction-

Efforts to control alcoholism and drug addiction are made by introducing stringent legislative measures to regulate the manufacture, transportation, and sale of these products. The laws have imposed a ban on their possession or use for other than medical and scientific purposes.

1) Legislative measures to control alcoholism:-

In India, various legislative measures are introduced to control alcoholism and the sale of alcoholic beverages.

To give effect to Art. 47 of the Indian Constitution (which directs the State to endeavour to bring about the prohibition of intoxicating beverages and drugs which are injurious to public health), Lok-Sabha, by the passing resolution in 1956, made the prohibition of liquor and drugs an integral part of the Second Five-Year plan. As a result, several States introduced regulatory measures to curb the menace of alcoholism. Some States like Gujrat resorted to complete prohibition; however, others have preferred to follow a phased programme.

However, despite prohibitory measures, the consumption of liquor and other intoxicating drugs has increased.

Prohibitory policies have not yielded the desired results; on the contrary, they have reduced the government’s revenue. It also resulted in an increase in deaths caused by spurious liquor consumption. It increased the unsafe, contaminated, spurious liquor supply. Prohibition resulted adversely in an increase in country liquor production and consumption, which in all ways was dangerous.

In modern society, the consumption of liquor has taken the shape of fashion. The converse effect of prohibition realised that alcoholism or drug addiction could not be curbed by prohibitory laws unless people who habitually drink voluntarily give it up. As a result, many states have withdrawn their prohibitory laws and adopted a balanced regulatory policy under which liquor is available for sale only in licensed shops at a fair price. However, despite regulatory measures, liquor consumption and drug addiction have increased enormously, now a day it has acquired fame and fashion.

2) Legislative measures to control drug addiction:-

The international convention on the drug has classified drugs under two categories, viz.

a) Narcotic drugs[3]:-

It includes several drugs, such as opium[4], cocaine[5] etc., and its derivatives like brown sugar, heroin and codeine.

b) Psychotropic substances[6] like valium, morphine etc.:-

To control increased drug addiction and trafficking in drug substances, the Indian Parliament passed the Narcotic Drugs and Psychotropic Substances Act 1985. The Act was amended in 1988, and after the amendment, it was called “The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Amendment) Act 1988.

Salient features of the Act:-

The Act seeks to prevent people from the danger of drug abuse.
The Act prescribes a large list of prohibited substances. They are called dangerous drugs.
The Act prohibits consumption, supply, and distribution, i.e. trafficking of prohibited drugs. However, suppose the drug addict proves that he possessed a drug of less than a ‘small quantity’ as notified by the Central Government and that it is for his own personal consumption and not for sale. In that case, he is liable for punishment of imprisonment up to one year (S. 27).
For drug trafficking, the Act prescribes a minimum sentence of ten years, which may extend to 20 years, with a minimum fine of Rs. 1 lac and a maximum of up to 2 lacs.
The Act provides immunity to a drug addict from criminal liability if he proves that the offence was committed the first time and he voluntarily aggresses to be treated for de-addiction in a recognised institution.

Through several Judgments, the Supreme Court and High Courts have given a clear message against alcoholism and drug addiction.

In 1987, two Nigerian nationals were sentenced by Greater Bombay Court to 12 years of rigorous imprisonment for smuggling a huge quantity of heroin into dead bodies.

Moreover, in Dawood Lama’s case,[7] The Supreme Court of India confirmed the conviction of a foreign national for ten years of rigorous imprisonment and to pay a fine of Rs. 1 lac.

In Birendra Kumar Rai V/s Union on India:-

In 1993, the Supreme Court observed that for drug trafficking, the accused should be sternly dealt with.

Thus, in many subsequent cases, the Courts have taken a stern view of convicting the accused for long-term sentences.

However, despite several prohibitory legislations, the menace of alcoholism and drug addiction are increasing enormously day by day. Therefore, the only proper way out is to educate people about the adverse effects of alcoholism and drug addiction.

*****

[1] खुप दारू पिण्याचे व्यसन / बेवडा

[2] मादक पदार्थ / औषधे सेवन

[3] गुंगी अणणारी औशधे

[4] गांजा

[5] कोका या औशधी वनस्पतीपासुन बनविलेले माधक पदार्थ

[6] मनाला बधीर करणारे पदार्थ

[7] (199)