Recent changes in NDPS Act reflect India's readiness to take on narco-terrorism

New Delhi, Dec 31 (IANS) Narco-terrorism is a complex and dangerous phenomenon that intersects the illicit drug trade with acts of terrorism, creating a symbiotic relationship between criminal organisations and extremist groups.

This nefarious alliance poses a significant threat to global security, as it fuels violence, undermines governance, and challenges the efforts of law enforcement agencies worldwide.

In this intricate web of criminality and ideological extremism, the motivations and methods of narco-terrorism intertwine, presenting a multifaceted challenge for policymakers and security forces seeking to address this hybrid threat.

In the complex landscape of global security threats, the financing of terrorism remains a formidable challenge, with illegal narco trades emerging as a significant source of funding for terrorist groups and criminal gangs.

Speaking with IANS, Kanika Kapoor, an advocate, spoke about the alarming nexus between the unlawful drug trade and terrorism, particularly concerning India.

Narco-terrorism, the unholy alliance between drug trafficking and terrorism, poses a serious threat to nations worldwide. Kapoor said that this illicit partnership not only funds terrorism but also contributes to increased violence, instability, and various societal issues.

"In India, the phenomenon of narco-terrorism has evolved gradually due to a combination of factors including geopolitical proximity and porous borders with drug manufacturing regions, transnational criminal networks, regional conflicts particularly in Jammu & Kashmir," Kapoor said.

To counter this menace, India has taken a multi-faceted approach.

"Enactment of stringent laws including the Narcotic Drug and Psychotropic Substances Act, 1985 which is the prime legislation dealing with offences related to narcotics and other illegal substance and the Unlawful Activities (Prevention) Act, 1967, which is a crucial law aimed at preventing unlawful activities that threaten the sovereignty and integrity of India," she said.

Key law enforcement agencies, such as the Narcotics Control Bureau (NCB) and the National Investigation Agency (NIA), have been established to combat narco-terrorism actively.

Kapoor said: "India has also entered into extradition treaties with various countries and has mutual legal assistance arrangements to facilitate cooperation with foreign countries for thoroughly investigating and prosecuting the offences related to narco-terrorism."

She added: "Our nation has taken steps to enhance its legal and institutional frameworks to tackle narco-terrorism, however, it’s still remains one of the most significant security concerns because of issues related to the porous nature of borders, easy access to international drug trafficking networks and lack of coordination between law enforcement agencies."

Kapoor said that the requirement is to shift the focus to create effective border management systems, disrupt financial networks of terrorist gangs, empower law enforcement agencies with more power and amendment in laws dealing with emerging challenges, fostering international cooperation to combat the transnational criminal networks, are some of the key aspects which can counter-narco-terrorism in India.

Kumar Kislay, Partner and Attorney, JSA Advocates and Solicitors, said that India being a signatory to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, has also implemented the Prevention of Money Laundering Act (PMLA).

"India has enacted the PMLA which is a sui generis legislation dealing with laundering of proceeds of drug crime and confiscation of proceeds derived therefrom. However, there is a lot of ground to be covered with respect to smuggling of drugs and related criminal and terrorist activity which arise in India’s neighbouring states," Kislay said.

The NDPS Act, instituted in 1985, has been amended in 2001 and 2014. The 2014 amendment introduced stringent punishments and expanded the definition of illegally acquired property, making it more challenging to enjoy the proceeds from illegal drug trade.

"Further, it also gave the Central government power to exempt certain drugs as essential drugs on the grounds of medical and scientific use. Further in the year 2021 a clarificatory amendment was introduced to rectify a drafting error. These changes demonstrate India’s commitment to seriously tackle the drug problem and deal with emerging issues promptly," Kislay said.