Societal attitude towards drugs needs careful management
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n the International Day Against Drug Abuse and Illicit Trafficking, nations worldwide reflect on the relentless battle against drug abuse and trafficking, a global scourge that undermines social and economic development, fuels violence and devastates lives.
Pakistan, uniquely positioned near major drug-producing regions, confronts distinct challenges in its efforts to control drug trafficking and abuse. This sometimes calls into question the effectiveness of its drug control policies.
Drug control in Pakistan involves complex legal and policy frameworks aimed at curbing illegal drug trafficking and use while ensuring access to controlled substances for legitimate medical and scientific purposes. Recent years have seen a significant shift towards a more integrated approach involving public health perspectives.
Pakistan faces significant challenges due to its proximity to major drug-producing regions, necessitating robust drug control policies. The National Drug Policy emphasises drug demand reduction, supply control and harm reduction strategies. The National Drug Use Survey 2022-24 aimed to gather accurate data to shape future drug policies and programmes.
The policy focuses on a balanced approach to control drug use through prevention, treatment and enforcement. The ongoing srvey is expected to provide a detailed understanding of drug abuse patterns, which is crucial for effective policy making.
The survey’s results are anticipated to influence both legislative and rehabilitation efforts, shifting focus from punitive measures to more rehabilitative ones. While current policies demonstrate a comprehensive framework addressing multiple aspects of drug control, the effectiveness of these policies largely hinges on the findings of the ongoing survey.
Enforcement of drug laws remains a critical component of Pakistan’s strategy to combat drug trafficking and abuse. The Control of Narcotic Substances Act, 1997 provides the primary legal framework for the control and regulation of narcotics in Pakistan.
Provisions of the Pakistan Penal Code and the Anti-Narcotics Force Act, 1997, detail the penalties and enforcement mechanisms related to drug trafficking and possession.The Control of Narcotic Substances Act, 1997, categorises drugs, outlines control measures and sets forth penalties ranging from fines to capital punishment for trafficking.
The legal framework is stringent, with a heavy focus on penalisation. However, issues such as the overuse of incarceration for minor drug offences highlight the need for legal reforms that emphasise rehabilitation over punitive actions. The laws governing drug control in Pakistan are robust and deterrent-oriented. Yet, the application of these laws often lacks balance, overemphasising punishment and underdelivering on rehabilitation and social reintegration.
There is a growing recognition that punitive measures alone are insufficient to address the complexity of drug abuse. Advocacy efforts in Pakistan are increasingly focusing on harm reduction approaches, as advocated by organisations like the UNODC.
There is a growing recognition that punitive measures alone are insufficient to address the complexity of drug abuse. Advocacy efforts in Pakistan are increasingly focusing on harm reduction approaches, as advocated by organisations such as the United Nations Office on Drugs and Crime.
There have been persistent calls for policy reforms to decriminalise drug offences and prioritise public health strategies over criminalisation. Advocates for drug policy reform argue that a shift towards decriminalisation and health-oriented approaches could lead to better health outcomes for individuals and reduce the burden on the criminal justice system. The emphasis on human rights and public health by international bodies and local NGOs supports a paradigm shift from a solely punitive approach to a more compassionate, health-focused strategy.
Pakistan’s drug control policies and laws are at a critical juncture, with increasing advocacy for reforms that emphasise health and human rights. The outcome of current surveys and the subsequent adjustments to policy and law will be pivotal in determining the trajectory of Pakistan’s drug control strategy in the coming years.
The country’s ability to integrate international best practices and adapt its legal frameworks will be crucial in achieving a more effective and humane approach to drug control. The consideration of legalising cannabis for medicinal use could also potentially impact drug control measures in several ways. Legalising cannabis for medicinal purposes can allow for greater regulatory oversight. Governments can impose standards for quality, potency and cleanliness that are not possible under prohibition. This can reduce the circulation of contaminated or unsafe products, which is often a risk with unregulated markets.
By providing a legal avenue for acquisition and use, the demand for black-market cannabis could decrease, potentially leading to a reduction in the associated criminal activity. However, this effect can vary and depends significantly on how the legal market is structured and taxed. If the legal alternatives are too expensive or difficult to access, the black market may still thrive.
Legalisation of medicinal cannabis could allow law enforcement to redirect some of the resources currently aimed at combating cannabis use towards more harmful drugs. This could enhance the effectiveness of drug control efforts targeted at substances with higher rates of addiction and physical harm.
The legalisation could also have economic benefits, including new tax revenues, which can be utilised for public health and education initiatives about drug use. Additionally, removing the stigma associated with cannabis use, especially for medical purposes, can lead to more individuals seeking treatment without fear of legal repercussions. However, it’s essential to consider the potential challenges.
These include the need for robust systems to prevent diversion to non-medical use and ensuring that legalisation does not lead to increased use among minors. The impact on societal attitudes towards drugs more broadly also needs careful management to avoid consequences of normalisation of drug use.
The writer is an advocate of the high court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com