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.
Ms. Avi Choudhary
Lecturer
Sardar Patel Subharti Institute of Law
INTRODUCTION
Drug Abuse and Drug Addiction has became a monster
and burning problem not only of India but whole of the
world. It is like cancer disease. It not only affects the
individuals but whole of the society and produces
hindrance in the development of the country. The 5% of
the world population aged 15-64 years uses the Drugs and
about 2,50,000 deaths each year caused by Drugs. It is
also like curse for developing country like India as there
already have been problems like poverty, unemployment,
and overpopulation.
2
Continued..
Drug Addiction and Drug Abuse is a complex
phenomenon, which has various social, cultural,
biological, geographical, historical and economic aspects.
Drug Addiction has taken the form of octopus whose
tentacles are spreading to all classes of the society. It has
led to detrimental impact on the society. It has led to
increase in the crime rate. Addiction increases conflicts
and causes untold emotional pain for every member of the
family. Most of the domestic violence is directed against
women and occurs in the context of demands for money to
buy drugs.
3
Continued.
In India, the problem of drug addiction and abuse may
spread due to the disintegration of the old joint family
system, absence of parental love and care in modern
families where both parents are working, decline of old
religious and moral values. A number of peoples take
drugs to escape hard realities of life. At the world level,
drug abuse is intrinsically linked with racketeering,
conspiracy, corruption, illegal money transfers, terrorism
and violence threatening the very stability of
governments.
4
Continued..
The processes of industrializations, urbanizations and
migration have led to loosening of the traditional methods
of social control rendering an individual vulnerable to the
stresses and strains of modern life. The fast changing
social milieu, among other factors, is mainly contributing
to the proliferation of drug abuse, both of traditional and
of new psychoactive substances. The introduction of
synthetic drugs and intravenous drug are leading to
HIV/AIDS has added a new dimension to the problem.
5
.
To understand the nature of drug Problem, it is necessary
to explain the meaning of some terms as, along with as per
your subject you need to know about human rights and
criminal justice too.
Drugs
Narocotic
Addiction
Drug Addiction
Drug Abuse
Drug Dependence
6
DRUGS
7
.
Drug:
The word ‘Drug’ is used to specify mood- altering
substances other than alcohol and tobacco, although both
of these substances are drugs. It is a chemical substances
used for medical purpose.
A Drug is any substance other than food that is used to
change the way the body or mind functions.
8
.
A drug is any substance other than food that when inhaled,
injected, smoked, consumed, absorbed via a patch on the skin
or dissolved under the tongue causes a physiological change in
the body.
In Pharmacology, a pharmaceutical drug also called a medicine
is a chemical substance used to treat, cure, prevent, or diagnose
or to promote well being of a person.
9
.
According to the Oxford Dictionary,
Drug is a substance used as a medicine or an illegal
substance taken for effects it has on the body.
In medicine, it refers to any substance with the potential
to Prevent or cure disease or enhance physical or mental
well-being. In pharmacology, drug refers to any agent that
alters the biochemical or physiological processes of tissue
or organism.
10
.
Drug has variety of meanings
Weiss man (a German biologist) has observed that
Drug is any substance which by its chemical nature
affects the structure or functioning of living
organism.
Paul Fuqua :- Any compound that effects the
functioning of the organism. Drugs may cause
changes in both the bodily process & behavior.
11
.
The WHO defines ‘Drug’ as any substances, other than
those required for the maintenance of normal health, that
when taken in to the living organism, may modify one or
more of its function.
Generally, it may be said that drug is a substance that is
readily absorbed by the human blood and changes the
normal functioning of the human body. Drugs are used to
cure, treat, prevent and diagnose a disease.
12
.
A drug may be good or bad for the health, depending upon
the use, quantity and type of drug being taken. Taking any
kind of drug that causes addiction and harms the human
health is known as Drug Abuse. Drugs can cause serious
addiction when used frequently.
13
.
According to the Drugs and Cosmetic Act, 1940,
Section 3(b), Drug includes all medicines for internal or
external use of human beings or animals and all
substances intended to be used for or in the diagnosis,
treatment, mitigation or prevention of any disease or
disorder in human beings or animals, including
preparations applied on human body for the purpose of
repelling insects like mosquitoes.
14
StreetDrug
Drug that is taken for non-medicinal reasons (usually for
mind-altering effects); drug abuse can lead to physical and
mental damage and dependence and addiction. Eg:
Alcohol, heroin, methamphetamine, crack, cocaine and
marijuana(Cannabis).
15
.
Hard drug (lead to severe physicaladdiction):
Drug that is generally considered to be more
dangerous, with a higher risk of dependence that soft
drugs. Eg.:Heroin, methamphetamine, cocaine.
16
.
Soft drug (do not causephysicaladdiction):
While they do not cause physical addiction, some of
them may still lead to psychological dependency.
Psychological dependency is a dependency of the
mind. This means that people feel better when they
have the drug. Eg: lysergic acid diethylamide (LSD),
Cannabis
17
.
18
Narcotic
It is a drug (as opium or morphine) that in moderate doses
dulls the senses, relieves pain, and induce profound sleep
but in excessive doses causes stupor, coma or convulsions.
Natural and synthetic narcotics are used in medicine to
control pain. Most countries limit the production, sale, and
use of narcotics because of their addictive properties and
detrimental effects and incidence of drug abuse.
A narcotic overdose can cause central nervous system
depression, respiratory failure and death.
19
Narcotic Drug
The term Narcotic is derived from the Greek word for
stupor, originally referred to a variety of substances that
dulled the senses and relieved pain.
In a legal context, narcotic refers to opium, opium
derivatives, and their semi-synthetic substitutes.
20
.
Narcotic Drugs and Psychotropic Substances Act, 1985
“Narcotic Drug" means coca leaf, cannabis (hemp),
opium, poppy straw and includes all manufactured goods.
These drug affect the central nervous system that produce
a stupor state in person who take them and often induce a
state of euphoria or feeling of well being, and they are
powerful addictive.
21
Examples of Narcotic Drug
 Heroin
 Morphine
 Opium
 Ganja
 Hashish
 Codeine
22
Psychotropic drug
Any drug capable of affecting the mind, emotions, and
behavior, such as
 LSD
 Caffine
 Cocaine
 Cannabis
23
Addiction
Addiction is a disorder of the brain reward system (CNS) which
arises through transcriptional (Transcription is the process by
which the information in a strand of DNA is copied into a new
molecule of messenger RNA) and epigenetic mechanism (gene
expression) and occurs over time from chronically high level of
exposure to an addictive stimulus e.g. (morphine, cocaine,
sexual intercourse, gambling etc)
Addiction is the result of continuously and heavily using
narcotic substances, till such a user cannot psychologically or
physically dispense with such substances.
24
.
After the body develops drug tolerance, it becomes in need
for more doses of such drugs to achieve the same effects
previously experienced. With such constantly increasing
doses in a short period, both body and mind are so much
affected that the addict is no longer able to perform his
daily duties without such drugs.
If the Addict attempts to stop drug abuse, a lot of
dangerous physical and psychological symptoms will
instantly appear i.e. “withdrawal symptoms” which may
lead either to his death or to addicting alcohol, drugs and
psychotropic drugs or sedative hypnotics drugs.
25
Kinds of Addiction
It may be two types or kinds which are as under:-
1. Psychological Addiction:- A user feels compelled to use
a drug despite negative physical or societal
consequences.
2. Physical Addiction:- A user may use drug to avoid
physically uncomfortable or even medically harmful
withdrawal symptoms.
26
Drug Addiction
A condition characterized by an overwhelming desire to
continue taking a drug to which one has become habituated
through repeated consumption because it produces a particular
effect, usually an alteration of mental status. Addiction is
usually accompanied by a compulsion to obtain the drug, a
tendency to increase the dose, a psychological or physical
dependence, and detrimental consequences for the individual
and society.
27
.
The National Institute on Drug Abuse (NIDA) provides a
comprehensive definition of drug addiction, stating,
“addiction is defined as a chronic, relapsing brain disease
that is characterized by compulsive drug seeking and use,
despite harmful consequences.” Addiction is recognized as
a brain disease because drugs literally cause changes to
the brain.
28
Drug Dependence
Drug dependence occurs when you need one or more
drugs to function. The American Psychiatric Association
(APA) used to distinguish between dependence and abuse.
Abuse was considered the mild or early phase of
inappropriate drug use that led to dependence. People
viewed dependence as a more severe problem than abuse.
29
Drug Dependence vs. Drug
Addiction
Addiction
Addiction can occur without being dependent on
drugs.
Addiction may involve:
Using drugs despite the consequences
Being unable to stop using drugs
Neglecting social and work obligations because of
drug use
30
.
Dependence
It’s possible to be dependent on drugs without being
addicted. Dependence can be a bodily response to a
substance. This often occurs if you rely on medications to
control a chronic medical condition. These conditions may
include:
 High blood pressure
 Diabetes
 Glaucoma
31
In General,
Drug dependence is a medical term that refers to the state
of needing a certain drug in order to function normally.
When the drug is taken away, the person experiences
distressing symptoms. Drug dependence is not always
about using illegal drugs. For example, a diabetic can
become dependent on the drug insulin. Without this drug,
this person would die. Drug dependence is different than
addiction or drug abuse, although people commonly use
all three terms interchangeably. Addiction always refers to
a physical state of chemical reliance on a drug to feel
normal.
32
.
A person addicted to alcohol or sedatives will undergo a
physical withdrawal syndrome with symptoms such as
delirium, tremors, sweats, and so forth, once the drug is
taken away from him. A person can be dependent on a
drug without being physically addicted to it. In other
words, he has a psychological but not a physical
dependency. The person may experience mental distress, a
sense of loss or even depression when his drug is not
available, but this is not the same as going through a
physical withdrawal syndrome.
33
Drug Abuse
According to the National Institute on Drug Abuse it is
“The use of illegal drug or the inappropriate use of a legal
drug”. The drug abuse is a repeated use of drugs to
produce pleasure, to alleviate stress, or to alter or avoid
reality. Any illegal drug use or any use of prescription or
non- prescription medication use beyond what is
prescribed by a medical professional or any use of a
chemical to get high is drug abuse.
34
.
Drug abuse means a person who uses a drug for something
other than a medically prescribed purpose. That is, they
have a habit of taking a drug to “get high” or “feel
better”. They take more than prescribed amounts. They
take the drugs for recreation. Drug abuse may cause major
deleterious psychological and social problems, including
family dysfunction, domestic and criminal violence, child
abuse etc.
The essential characteristic of substance abuse is a
maladaptive pattern of use resulting in harm caused by
repeated use.
35
Substance Abuse
According to WHO, “Substance abuse refers to the
harmful or hazardous use of psychoactive substances,
including alcohol and illicit drugs”. Psychoactive
substance use can lead to dependence syndrome - a cluster
of behavioral, cognitive, and physiological phenomena
that develop after repeated substance use and that typically
include a strong desire to take the drug, difficulties in
controlling its use, persisting in its use despite harmful
consequences, a higher priority given to drug use than to
other activities and obligations, increased tolerance, and
sometimes a physical withdrawal state.
36
Addict
According to section 2(i) of the Narcotic Drug and
Psychotropic Substances Act, 1985 ‘Addict means a
person who has dependence on any narcotic drug or
psychotropic substances’.
A person who is abnormally dependent on narcotic drugs
or an addict is a person who feels a compelling need to
consume a certain or multiple substance irrespective of
any negative consequences it may cause.
37
Human Rights
Human Beings are rational beings. They by virtue of their
being human possess certain basic and inalienable rights
which are commonly known as human rights.
 Human Rights are defined as all those rights which are
essential for the protection and maintenance of dignity of
individuals and create conditions in which every human
being can develop his personality to the fullest extent may
be termed as human rights.
38
.
Human rights become operative with the birth of an
individual. Human rights, being the birth right, are
inherent in all the individuals irrespective of their caste,
religion, sex and nationality.
Because of their immense significance to human beings ;
human rights are also sometimes referred to as
fundamental rights, basic rights, inherent rights, natural
rights and birth rights
39
.
Human Rights can also be defined as the supreme, inherent,
and inalienable rights to life, to dignity, and to self
development. It is concerned with issues in both areas of civil
and political rights and economic, social and cultural rights
founded on internationally accepted human rights obligations.
40
. The legal process in the universality of human rights
effectively commenced with the universal declaration of
human rights 1948 (UDHR).
Adoption of the UN charter in the aftermath of the Second
World War can rightly be considered as a landmark in the
journey towards universal acceptance of human rights
41
.
Through a long process of evolution , modern human
rights jurisprudence has crystallized into three basic
principles:
1. The Principle of Universal Inherence:
Every human being has certain rights, capable of being
enumerated and defined which are not conferred on him
by any ruler, nor earned or acquired by purchase, but
which inhere in him by virtue of his humanity alone.
42
.
2.The Principle of Inalienability:
No human being can be deprived of any of those rights by
the acts of any ruler or even by his own act or in a
democracy even by the will of the majority of the
sovereign people.
3.The Rule of Law :
Where rights conflict with each other, the conflicts must
be resolved by the consistent, independent and impartial
application of just laws in accordance with just
procedures.
43
Criminal Justice
Justice is a complex concept and touches almost every
aspect of human life. The word ‘justice’ has been derived
from the Latin word Jungere meaning ‘to bind or to tie
together’.
The word ‘Jus’ also means ‘Tie’ or ‘Bond’. In this way
Justice can be defined as a system in which men are tied
or joined in a close relationship.
44
Criminal Justice
Criminal justice is the delivery of justice to those who
have committed crimes. The criminal justice system is a
series of government agencies and institutions whose goal
is to identify and catch the law-breakers and to inflict a
form of punishment on them. Other goals include
the rehabilitation of offenders, preventing other crimes,
and moral support for victims. The primary institutions of
the criminal justice system are
the police, prosecution and defense lawyers,
the courts and prisons.
45
46

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Drug addiction, Criminal justice & Human Rights

  • 1. . Ms. Avi Choudhary Lecturer Sardar Patel Subharti Institute of Law
  • 2. INTRODUCTION Drug Abuse and Drug Addiction has became a monster and burning problem not only of India but whole of the world. It is like cancer disease. It not only affects the individuals but whole of the society and produces hindrance in the development of the country. The 5% of the world population aged 15-64 years uses the Drugs and about 2,50,000 deaths each year caused by Drugs. It is also like curse for developing country like India as there already have been problems like poverty, unemployment, and overpopulation. 2
  • 3. Continued.. Drug Addiction and Drug Abuse is a complex phenomenon, which has various social, cultural, biological, geographical, historical and economic aspects. Drug Addiction has taken the form of octopus whose tentacles are spreading to all classes of the society. It has led to detrimental impact on the society. It has led to increase in the crime rate. Addiction increases conflicts and causes untold emotional pain for every member of the family. Most of the domestic violence is directed against women and occurs in the context of demands for money to buy drugs. 3
  • 4. Continued. In India, the problem of drug addiction and abuse may spread due to the disintegration of the old joint family system, absence of parental love and care in modern families where both parents are working, decline of old religious and moral values. A number of peoples take drugs to escape hard realities of life. At the world level, drug abuse is intrinsically linked with racketeering, conspiracy, corruption, illegal money transfers, terrorism and violence threatening the very stability of governments. 4
  • 5. Continued.. The processes of industrializations, urbanizations and migration have led to loosening of the traditional methods of social control rendering an individual vulnerable to the stresses and strains of modern life. The fast changing social milieu, among other factors, is mainly contributing to the proliferation of drug abuse, both of traditional and of new psychoactive substances. The introduction of synthetic drugs and intravenous drug are leading to HIV/AIDS has added a new dimension to the problem. 5
  • 6. . To understand the nature of drug Problem, it is necessary to explain the meaning of some terms as, along with as per your subject you need to know about human rights and criminal justice too. Drugs Narocotic Addiction Drug Addiction Drug Abuse Drug Dependence 6
  • 8. . Drug: The word ‘Drug’ is used to specify mood- altering substances other than alcohol and tobacco, although both of these substances are drugs. It is a chemical substances used for medical purpose. A Drug is any substance other than food that is used to change the way the body or mind functions. 8
  • 9. . A drug is any substance other than food that when inhaled, injected, smoked, consumed, absorbed via a patch on the skin or dissolved under the tongue causes a physiological change in the body. In Pharmacology, a pharmaceutical drug also called a medicine is a chemical substance used to treat, cure, prevent, or diagnose or to promote well being of a person. 9
  • 10. . According to the Oxford Dictionary, Drug is a substance used as a medicine or an illegal substance taken for effects it has on the body. In medicine, it refers to any substance with the potential to Prevent or cure disease or enhance physical or mental well-being. In pharmacology, drug refers to any agent that alters the biochemical or physiological processes of tissue or organism. 10
  • 11. . Drug has variety of meanings Weiss man (a German biologist) has observed that Drug is any substance which by its chemical nature affects the structure or functioning of living organism. Paul Fuqua :- Any compound that effects the functioning of the organism. Drugs may cause changes in both the bodily process & behavior. 11
  • 12. . The WHO defines ‘Drug’ as any substances, other than those required for the maintenance of normal health, that when taken in to the living organism, may modify one or more of its function. Generally, it may be said that drug is a substance that is readily absorbed by the human blood and changes the normal functioning of the human body. Drugs are used to cure, treat, prevent and diagnose a disease. 12
  • 13. . A drug may be good or bad for the health, depending upon the use, quantity and type of drug being taken. Taking any kind of drug that causes addiction and harms the human health is known as Drug Abuse. Drugs can cause serious addiction when used frequently. 13
  • 14. . According to the Drugs and Cosmetic Act, 1940, Section 3(b), Drug includes all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes. 14
  • 15. StreetDrug Drug that is taken for non-medicinal reasons (usually for mind-altering effects); drug abuse can lead to physical and mental damage and dependence and addiction. Eg: Alcohol, heroin, methamphetamine, crack, cocaine and marijuana(Cannabis). 15
  • 16. . Hard drug (lead to severe physicaladdiction): Drug that is generally considered to be more dangerous, with a higher risk of dependence that soft drugs. Eg.:Heroin, methamphetamine, cocaine. 16
  • 17. . Soft drug (do not causephysicaladdiction): While they do not cause physical addiction, some of them may still lead to psychological dependency. Psychological dependency is a dependency of the mind. This means that people feel better when they have the drug. Eg: lysergic acid diethylamide (LSD), Cannabis 17
  • 18. . 18
  • 19. Narcotic It is a drug (as opium or morphine) that in moderate doses dulls the senses, relieves pain, and induce profound sleep but in excessive doses causes stupor, coma or convulsions. Natural and synthetic narcotics are used in medicine to control pain. Most countries limit the production, sale, and use of narcotics because of their addictive properties and detrimental effects and incidence of drug abuse. A narcotic overdose can cause central nervous system depression, respiratory failure and death. 19
  • 20. Narcotic Drug The term Narcotic is derived from the Greek word for stupor, originally referred to a variety of substances that dulled the senses and relieved pain. In a legal context, narcotic refers to opium, opium derivatives, and their semi-synthetic substitutes. 20
  • 21. . Narcotic Drugs and Psychotropic Substances Act, 1985 “Narcotic Drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured goods. These drug affect the central nervous system that produce a stupor state in person who take them and often induce a state of euphoria or feeling of well being, and they are powerful addictive. 21
  • 22. Examples of Narcotic Drug  Heroin  Morphine  Opium  Ganja  Hashish  Codeine 22
  • 23. Psychotropic drug Any drug capable of affecting the mind, emotions, and behavior, such as  LSD  Caffine  Cocaine  Cannabis 23
  • 24. Addiction Addiction is a disorder of the brain reward system (CNS) which arises through transcriptional (Transcription is the process by which the information in a strand of DNA is copied into a new molecule of messenger RNA) and epigenetic mechanism (gene expression) and occurs over time from chronically high level of exposure to an addictive stimulus e.g. (morphine, cocaine, sexual intercourse, gambling etc) Addiction is the result of continuously and heavily using narcotic substances, till such a user cannot psychologically or physically dispense with such substances. 24
  • 25. . After the body develops drug tolerance, it becomes in need for more doses of such drugs to achieve the same effects previously experienced. With such constantly increasing doses in a short period, both body and mind are so much affected that the addict is no longer able to perform his daily duties without such drugs. If the Addict attempts to stop drug abuse, a lot of dangerous physical and psychological symptoms will instantly appear i.e. “withdrawal symptoms” which may lead either to his death or to addicting alcohol, drugs and psychotropic drugs or sedative hypnotics drugs. 25
  • 26. Kinds of Addiction It may be two types or kinds which are as under:- 1. Psychological Addiction:- A user feels compelled to use a drug despite negative physical or societal consequences. 2. Physical Addiction:- A user may use drug to avoid physically uncomfortable or even medically harmful withdrawal symptoms. 26
  • 27. Drug Addiction A condition characterized by an overwhelming desire to continue taking a drug to which one has become habituated through repeated consumption because it produces a particular effect, usually an alteration of mental status. Addiction is usually accompanied by a compulsion to obtain the drug, a tendency to increase the dose, a psychological or physical dependence, and detrimental consequences for the individual and society. 27
  • 28. . The National Institute on Drug Abuse (NIDA) provides a comprehensive definition of drug addiction, stating, “addiction is defined as a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use, despite harmful consequences.” Addiction is recognized as a brain disease because drugs literally cause changes to the brain. 28
  • 29. Drug Dependence Drug dependence occurs when you need one or more drugs to function. The American Psychiatric Association (APA) used to distinguish between dependence and abuse. Abuse was considered the mild or early phase of inappropriate drug use that led to dependence. People viewed dependence as a more severe problem than abuse. 29
  • 30. Drug Dependence vs. Drug Addiction Addiction Addiction can occur without being dependent on drugs. Addiction may involve: Using drugs despite the consequences Being unable to stop using drugs Neglecting social and work obligations because of drug use 30
  • 31. . Dependence It’s possible to be dependent on drugs without being addicted. Dependence can be a bodily response to a substance. This often occurs if you rely on medications to control a chronic medical condition. These conditions may include:  High blood pressure  Diabetes  Glaucoma 31
  • 32. In General, Drug dependence is a medical term that refers to the state of needing a certain drug in order to function normally. When the drug is taken away, the person experiences distressing symptoms. Drug dependence is not always about using illegal drugs. For example, a diabetic can become dependent on the drug insulin. Without this drug, this person would die. Drug dependence is different than addiction or drug abuse, although people commonly use all three terms interchangeably. Addiction always refers to a physical state of chemical reliance on a drug to feel normal. 32
  • 33. . A person addicted to alcohol or sedatives will undergo a physical withdrawal syndrome with symptoms such as delirium, tremors, sweats, and so forth, once the drug is taken away from him. A person can be dependent on a drug without being physically addicted to it. In other words, he has a psychological but not a physical dependency. The person may experience mental distress, a sense of loss or even depression when his drug is not available, but this is not the same as going through a physical withdrawal syndrome. 33
  • 34. Drug Abuse According to the National Institute on Drug Abuse it is “The use of illegal drug or the inappropriate use of a legal drug”. The drug abuse is a repeated use of drugs to produce pleasure, to alleviate stress, or to alter or avoid reality. Any illegal drug use or any use of prescription or non- prescription medication use beyond what is prescribed by a medical professional or any use of a chemical to get high is drug abuse. 34
  • 35. . Drug abuse means a person who uses a drug for something other than a medically prescribed purpose. That is, they have a habit of taking a drug to “get high” or “feel better”. They take more than prescribed amounts. They take the drugs for recreation. Drug abuse may cause major deleterious psychological and social problems, including family dysfunction, domestic and criminal violence, child abuse etc. The essential characteristic of substance abuse is a maladaptive pattern of use resulting in harm caused by repeated use. 35
  • 36. Substance Abuse According to WHO, “Substance abuse refers to the harmful or hazardous use of psychoactive substances, including alcohol and illicit drugs”. Psychoactive substance use can lead to dependence syndrome - a cluster of behavioral, cognitive, and physiological phenomena that develop after repeated substance use and that typically include a strong desire to take the drug, difficulties in controlling its use, persisting in its use despite harmful consequences, a higher priority given to drug use than to other activities and obligations, increased tolerance, and sometimes a physical withdrawal state. 36
  • 37. Addict According to section 2(i) of the Narcotic Drug and Psychotropic Substances Act, 1985 ‘Addict means a person who has dependence on any narcotic drug or psychotropic substances’. A person who is abnormally dependent on narcotic drugs or an addict is a person who feels a compelling need to consume a certain or multiple substance irrespective of any negative consequences it may cause. 37
  • 38. Human Rights Human Beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights which are commonly known as human rights.  Human Rights are defined as all those rights which are essential for the protection and maintenance of dignity of individuals and create conditions in which every human being can develop his personality to the fullest extent may be termed as human rights. 38
  • 39. . Human rights become operative with the birth of an individual. Human rights, being the birth right, are inherent in all the individuals irrespective of their caste, religion, sex and nationality. Because of their immense significance to human beings ; human rights are also sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights 39
  • 40. . Human Rights can also be defined as the supreme, inherent, and inalienable rights to life, to dignity, and to self development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted human rights obligations. 40
  • 41. . The legal process in the universality of human rights effectively commenced with the universal declaration of human rights 1948 (UDHR). Adoption of the UN charter in the aftermath of the Second World War can rightly be considered as a landmark in the journey towards universal acceptance of human rights 41
  • 42. . Through a long process of evolution , modern human rights jurisprudence has crystallized into three basic principles: 1. The Principle of Universal Inherence: Every human being has certain rights, capable of being enumerated and defined which are not conferred on him by any ruler, nor earned or acquired by purchase, but which inhere in him by virtue of his humanity alone. 42
  • 43. . 2.The Principle of Inalienability: No human being can be deprived of any of those rights by the acts of any ruler or even by his own act or in a democracy even by the will of the majority of the sovereign people. 3.The Rule of Law : Where rights conflict with each other, the conflicts must be resolved by the consistent, independent and impartial application of just laws in accordance with just procedures. 43
  • 44. Criminal Justice Justice is a complex concept and touches almost every aspect of human life. The word ‘justice’ has been derived from the Latin word Jungere meaning ‘to bind or to tie together’. The word ‘Jus’ also means ‘Tie’ or ‘Bond’. In this way Justice can be defined as a system in which men are tied or joined in a close relationship. 44
  • 45. Criminal Justice Criminal justice is the delivery of justice to those who have committed crimes. The criminal justice system is a series of government agencies and institutions whose goal is to identify and catch the law-breakers and to inflict a form of punishment on them. Other goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons. 45
  • 46. 46