Home » MHRC directs government to produce ordinance passed by cabinet in connection with drug related cases

MHRC directs government to produce ordinance passed by cabinet in connection with drug related cases

by Huirem Naresh
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IT News

Imphal, Oct 22:

Human Rights Alerts Manipur has filed a petition to the Human Rights Commission of Manipur against the passing of the ordinance by amending the ND&PS Act 1985 , by the state cabinet on October 15 saying that the said ordinance if enforced shall be discriminatory and violative of the basic human rights of the drug users by treating them as drug traffickers.

In the petition filed by the Executive Director of the HRA Babloo Loitongbam, it is stated that it is indisputable and settled that the drug users are now dependent on drugs for their life survival and progressive de-addition for their return to normal life, Therefore, if

they are punished for their possession of drugs even of the smallest quantity for personal consumption de – addiction treatment as proposed in the said Ordinance “any person found in the possession of drugs whether one milligram or 100 Kg will have to face two to four Years imprisonment and fine of upto Rs. I Lakh”, then the law shall amount to discrimination, arbitrariness and unreasonableness thereby violating Articles 14 and 2l of the Constitution of India.

Considering the facts disclosed by the petitioner the  Commission observed that the said Ordinance, when enforced as per the provisions of Article 213 read with Article 254 of the Constitution of India and ND&PS Act, 1985 and the Rules A notifications issued there under, is most likely to violate the basic human rights of drug-users who have now to be reasonably classified for their protection, de-addiction and treatment within the purview of Articles 14 and 2l of the Constitution of India. The Commission directed the government to produce copy of the said Ordinance before the Commission on 2.11.2020 and submit the detailed reports as the Commission felt it important to examine the legitimacy of the ordinance.

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