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Drug Trafficking.pptx and law related to it

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If crime crosses all borders, so must law enforcement - Kofi Annan Rise of Transnational Crimes: DRUG TRAFFICKING Shikhar Gupta Assistant Professor National Forensic Sciences University
❖ The main purpose of most drug consumption is medicinal-pain relief, relief from anxiety, etc. ❖ But humans also consume a broad range of substances--including organics such as heroin, morphine, codeine, cocaine, cannabis, hallucinogenic mushrooms, khat, etc; inorganic substances such as amphetamines, metham-phetamines, ecstasy, LSD, etc; plus an ever-expanding list of laboratory-made analogues-for non-medicinal purposes such as stimulation and narcosis.
❖ UN Estimates: 247 million people worldwide used illicit substances in 2015 and there were 187,100 drug-related deaths in 2013. ❖ Use and choice of drugs varies at regional and national levels, between age, groups, social classes, and ethnic groups. ❖ Illicit drug use can cause a range of health problems to users, depending upon the substance, volume, consumed, and method of use, and consequential problems for the health and welfare systems. ❖ Funding of drug use is considered to be a significant motivating factor in drug related property crimes, such as theft and burglary
Supply chain ❖ Illicit drug supply chain has four links: 1. Production of raw materials 2. Refinement into usable product 3. Transportation to the market 4. Wholesale and retail distribution ❖ While use may be widespread, significant production and refinement occurs in limited areas (eg South and Central America for cocaine, Central and South East Asia for opium, and North Africa for cannabis resin) and relatively few states (eg Afghanistan produced almost two-thirds of global opium poppy cultivation in 2015).'
Golden Crescent and the Golden Triangle
Golden Crescent and the Golden Triangle ❖ India is sandwiched between two largest Opium producing regions of the world that is the Golden triangle on one side and the Golden crescent on other. ❖ The golden triangle area comprises Thailand, Myanmar, Vietnam and Laos. ❖ The golden crescent area includes Pakistan, Afghanistan and Iran.
Harms ❖ Harms of Drug Use: ❖ Find Out ❖ Supply Harms: ❖ Production can distort local agriculture ❖ Refinement can have negative environment impacts ❖ Transportation and distribution are associated with crime of violence as networks battle to control market share
Harms of Drug-Prohibition ❖ Harms of drug-prohibition itself: ❖ Creation of illicit market for drugs supported: forcing users to purchase an unregulated product from criminals. ❖ Such sale-purchase often takes place in shady and dangerous places ❖ Police resources are directed into drug enforcement and police are exposed to violence and corruption, while they often resort to violence themselves. ❖ The UN High Commissioner for Human Rights has identified threats to the right to health, due process, prohibition against torture, life, prohibition againg discrimination on race and gender, the rights of children, and indigenous peoples, as a result of domestic practices in the suppression of drugs. ❖ In the late 1980s, US officials argued that the US could rely on self-defence to counter activities of drug traffickers through intervention in foreign states.'
Orgins of Drug Prohibition ❖ Origins of International Drug Prohibition: In the international rejection of the Indo-Chinese opium trade. ❖ The trade flourished when European colonial powers and in particular Britain encouraged opium production in India for supply to China. ❖ European prosecution of the 'opium wars' (1839-42 and 1856-60) forced China to legalize the trade in 1858.
❖ Negative reaction to the wars and the trade fed support for the anti-opium lobby in Europe and the US. The US, faced with a growing domestic opium problem (exacerbated by its occupation of the Philippines where use was heavy), passed the first federal drug control law, the Opium Exclusion Act, on 9 February ❖ 1909. The 1914 Harrison Act, which regulated coca products and opium, was the first to treat drug supply and use for non-therapeutic purposes as a criminal rather than a medical problem. The US threw its weight behind global prohibition. Pressure from the anti-opium lobby led by missionaries to the Far East culminated in the phasing out of the licit Chinese opium trade and the development of a global drug control system (i) to regulate the commercial production and trade in medicinal drugs and (i) to suppress illicit drugs.
Challenges ❖ Profits in drug trade are extremely high. e.g. In 2014 it was estimated, for example, that the US market for cocaine, heroin, cannabis, and methamphetamine was worth US$100 billion! ❖ Global Nature: Drug trafficking is a largely global crime happening across borders. Coordination and synchronisation of policies of nation states becomes crucial which is not easy to achieve. ❖ Geographical Challenges: Remote/difficult terrain ❖ Complex Criminal Networks ❖ Innovative Trafficking Methods: changing trafficking routes, new concealment techniques ❖ Political Instability: Drug organisations flourish in places with weak governance and unstable governments.
Indian Legal Framework ❖ Narcotics Control Bureau (NCB) ❖ Coordination among Various Central and State Agencies: ❖ For this, the Narco Coordination Centre (NCORD) mechanism was set up by the Ministry of Home Affairs (MHA) in 2016 for effective drug law enforcement. ❖ This NCORD system was restructured into a four-tier scheme up to district level in July 2019, for better coordination.
❖ SIMS (Seizure Information Management System) Portal: ❖ For digitisation of pan-India drug seizure data, the MHA launched an e-portal called ‘SIMS’ in 2019 for all the drug law enforcement agencies under the mandate of Narcotics Drugs and Psychotropic Substances Act (NDPS). ❖ National Fund for Control of Drug Abuse: ❖ It was constituted to meet the expenditure incurred in connection with combating illicit traffic in Narcotic Drugs; rehabilitating addicts, and educating the public against drug abuse, etc. ❖ National Drug Abuse Survey: The government is also conducting the Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS
❖ Project Sunrise: It was launched by the Ministry of Health and Family Welfare in 2016, to tackle the rising HIV prevalence in north-eastern states in India, especially among people injecting drugs ❖ ‘Nasha Mukt Bharat’, or Drug-Free India Campaign: It focuses on community outreach programs
❖ The Narcotic Drugs and Psychotropic Substances Act, (NDPS) 1985: ❖ It prohibits a person from producing, possessing, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic substance. ❖ The NDPS Act has since been amended thrice – in 1988, 2001 and 2014. ❖ The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
International Conventions ❖ India is signatory of the following International treaties and conventions to combat the menace of Drug Abuse: ❖ United Nations Convention on Narcotic Drugs (1961) ❖ UN Convention on Psychotropic Substances (1971). ❖ UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) ❖ UN Convention against Transnational Organized Crime (UNTOC) 2000

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Drug Trafficking.pptx and law related to it

  • 1. If crime crosses all borders, so must law enforcement - Kofi Annan Rise of Transnational Crimes: DRUG TRAFFICKING Shikhar Gupta Assistant Professor National Forensic Sciences University
  • 2. ❖ The main purpose of most drug consumption is medicinal-pain relief, relief from anxiety, etc. ❖ But humans also consume a broad range of substances--including organics such as heroin, morphine, codeine, cocaine, cannabis, hallucinogenic mushrooms, khat, etc; inorganic substances such as amphetamines, metham-phetamines, ecstasy, LSD, etc; plus an ever-expanding list of laboratory-made analogues-for non-medicinal purposes such as stimulation and narcosis.
  • 3. ❖ UN Estimates: 247 million people worldwide used illicit substances in 2015 and there were 187,100 drug-related deaths in 2013. ❖ Use and choice of drugs varies at regional and national levels, between age, groups, social classes, and ethnic groups. ❖ Illicit drug use can cause a range of health problems to users, depending upon the substance, volume, consumed, and method of use, and consequential problems for the health and welfare systems. ❖ Funding of drug use is considered to be a significant motivating factor in drug related property crimes, such as theft and burglary
  • 4. Supply chain ❖ Illicit drug supply chain has four links: 1. Production of raw materials 2. Refinement into usable product 3. Transportation to the market 4. Wholesale and retail distribution ❖ While use may be widespread, significant production and refinement occurs in limited areas (eg South and Central America for cocaine, Central and South East Asia for opium, and North Africa for cannabis resin) and relatively few states (eg Afghanistan produced almost two-thirds of global opium poppy cultivation in 2015).'
  • 5. Golden Crescent and the Golden Triangle
  • 6. Golden Crescent and the Golden Triangle ❖ India is sandwiched between two largest Opium producing regions of the world that is the Golden triangle on one side and the Golden crescent on other. ❖ The golden triangle area comprises Thailand, Myanmar, Vietnam and Laos. ❖ The golden crescent area includes Pakistan, Afghanistan and Iran.
  • 7. Harms ❖ Harms of Drug Use: ❖ Find Out ❖ Supply Harms: ❖ Production can distort local agriculture ❖ Refinement can have negative environment impacts ❖ Transportation and distribution are associated with crime of violence as networks battle to control market share
  • 8. Harms of Drug-Prohibition ❖ Harms of drug-prohibition itself: ❖ Creation of illicit market for drugs supported: forcing users to purchase an unregulated product from criminals. ❖ Such sale-purchase often takes place in shady and dangerous places ❖ Police resources are directed into drug enforcement and police are exposed to violence and corruption, while they often resort to violence themselves. ❖ The UN High Commissioner for Human Rights has identified threats to the right to health, due process, prohibition against torture, life, prohibition againg discrimination on race and gender, the rights of children, and indigenous peoples, as a result of domestic practices in the suppression of drugs. ❖ In the late 1980s, US officials argued that the US could rely on self-defence to counter activities of drug traffickers through intervention in foreign states.'
  • 9. Orgins of Drug Prohibition ❖ Origins of International Drug Prohibition: In the international rejection of the Indo-Chinese opium trade. ❖ The trade flourished when European colonial powers and in particular Britain encouraged opium production in India for supply to China. ❖ European prosecution of the 'opium wars' (1839-42 and 1856-60) forced China to legalize the trade in 1858.
  • 10. ❖ Negative reaction to the wars and the trade fed support for the anti-opium lobby in Europe and the US. The US, faced with a growing domestic opium problem (exacerbated by its occupation of the Philippines where use was heavy), passed the first federal drug control law, the Opium Exclusion Act, on 9 February ❖ 1909. The 1914 Harrison Act, which regulated coca products and opium, was the first to treat drug supply and use for non-therapeutic purposes as a criminal rather than a medical problem. The US threw its weight behind global prohibition. Pressure from the anti-opium lobby led by missionaries to the Far East culminated in the phasing out of the licit Chinese opium trade and the development of a global drug control system (i) to regulate the commercial production and trade in medicinal drugs and (i) to suppress illicit drugs.
  • 11. Challenges ❖ Profits in drug trade are extremely high. e.g. In 2014 it was estimated, for example, that the US market for cocaine, heroin, cannabis, and methamphetamine was worth US$100 billion! ❖ Global Nature: Drug trafficking is a largely global crime happening across borders. Coordination and synchronisation of policies of nation states becomes crucial which is not easy to achieve. ❖ Geographical Challenges: Remote/difficult terrain ❖ Complex Criminal Networks ❖ Innovative Trafficking Methods: changing trafficking routes, new concealment techniques ❖ Political Instability: Drug organisations flourish in places with weak governance and unstable governments.
  • 12. Indian Legal Framework ❖ Narcotics Control Bureau (NCB) ❖ Coordination among Various Central and State Agencies: ❖ For this, the Narco Coordination Centre (NCORD) mechanism was set up by the Ministry of Home Affairs (MHA) in 2016 for effective drug law enforcement. ❖ This NCORD system was restructured into a four-tier scheme up to district level in July 2019, for better coordination.
  • 13. ❖ SIMS (Seizure Information Management System) Portal: ❖ For digitisation of pan-India drug seizure data, the MHA launched an e-portal called ‘SIMS’ in 2019 for all the drug law enforcement agencies under the mandate of Narcotics Drugs and Psychotropic Substances Act (NDPS). ❖ National Fund for Control of Drug Abuse: ❖ It was constituted to meet the expenditure incurred in connection with combating illicit traffic in Narcotic Drugs; rehabilitating addicts, and educating the public against drug abuse, etc. ❖ National Drug Abuse Survey: The government is also conducting the Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS
  • 14. ❖ Project Sunrise: It was launched by the Ministry of Health and Family Welfare in 2016, to tackle the rising HIV prevalence in north-eastern states in India, especially among people injecting drugs ❖ ‘Nasha Mukt Bharat’, or Drug-Free India Campaign: It focuses on community outreach programs
  • 15. ❖ The Narcotic Drugs and Psychotropic Substances Act, (NDPS) 1985: ❖ It prohibits a person from producing, possessing, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic substance. ❖ The NDPS Act has since been amended thrice – in 1988, 2001 and 2014. ❖ The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
  • 16. International Conventions ❖ India is signatory of the following International treaties and conventions to combat the menace of Drug Abuse: ❖ United Nations Convention on Narcotic Drugs (1961) ❖ UN Convention on Psychotropic Substances (1971). ❖ UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) ❖ UN Convention against Transnational Organized Crime (UNTOC) 2000