ROLE OF THE STATE AND CENTRAL GOVERNMENTS
1. Illegal cultivation of opium poppy (Papaver sominiferum) and cannabis (Cannabis sativa) are offences under the NDPS Act. Anyone cultivating opium poppy without a licence is liable for punishment under Section 18 while anyone cultivating cannabis is liable under Section 20. As per Section 44, all officers of State and Central Governments who are empowered under Section 41, 42 or 43 shall have the power of entry, search, seizure and arrest in relation to offences of illegal cultivation. Any Metropolitan Magistrate, Judicial Magistrate of first class or any Magistrate empowered in this behalf by the State Government or any officer of Gazetted rank empowered under section 42 may attach any opium poppy, cannabis or coca plant which, he has reason to believe, is illegally cultivated and while doing so, may pass such order as he thinks fit, including an order to destroy the crop (Section 48).
2. The land holder has an obligation under section 46 to give information of illegal cultivation in his land to any officer of the police or of any department mentioned in section 42 and any land holder who knowingly neglects to give such information shall be liable to punishment. This provision of the NDPS Act is applicable equally to officers of the Government, when such illicit cultivation occurs on land owned by the Government. Every officer of the Government and every panch, sarpanch and other village officer of whatever description has an obligation under section 47 to give immediate information of illegal cultivation to any officer of the Police or of any of the departments mentioned in section 42 when it comes to his knowledge and any officer of the Government, panch or sarpanch and other village officer who neglects to give such information shall be liable to punishment regarding illegal cultivation.
3. Despite these legal provisions, instances of illegal cultivation of opium poppy and cannabis have been noticed. The Government of India considers such illegal cultivation as a matter of serious concern. The Central and State Governments will continue to work together to combat this problem and issue directions to all officers under their control to discharge their responsibility under Section 47 of the NDPS Act. The Central Government and each State Government shall designate one or more nodal officers to whom the officers who come to know of any illegal cultivation shall report. They shall publicise widely the names and contact details of the nodal officers so that not only the officers, panches, sarpanches and land holders but even general public can provide information about illicit cultivation. The Central and State Governments shall follow a policy of zero tolerance and take severest possible action against anyone involved in illicit cultivation. The NCB and CBN and concerned State Governments shall also prosecute officials under their respective control who violate Section 47 of the NDPS Act.
4. The overall responsibility of tackling the problem of illicit cultivation shall lie with the Central Government. The Central Economic Intelligence Bureau (CEIB) will vigorously continue Satellite Surveys of illicit opium poppy cultivation and will share the images with the NCB and CBN. The NCB, in coordination with the CBN and State authorities, shall carry out destruction operations. The responsibility of collecting field intelligence and destroying illegal cultivation and arresting and prosecuting the offenders shall lie primarily with the State Governments. The State Governments shall also render all necessary help and security to any central drug law enforcement agency in their illicit crop destruction operations. At the field level, as far as possible, joint operations between the central and State Governments shall be conducted to identify and destroy illicit opium poppy and cannabis crops.
ALTERNATIVE DEVELOPMENT
5. Alternative development is a method of weaning away farmers who have been traditionally cultivating opium poppy illegally and their livelihood depends entirely on such cultivation. In such places, mere enforcement and crop destruction will not work. Farmers should be trained in and helped to develop alternative means of livelihood. In some countries of the Golden Triangle such as Laos and Thailand, alternative development programmes have been hugely successful. However, alternative development programmes require large infusion of funds as the entire sustenance of the local population depends on it. Secondly, it involves changing the lifestyle of the local population and hence takes a fairly long time. Alternative development programmes to have effect and will require continuous funding for over such a long period.
6. The two key pre-requisites to justify an alternative development programme are (i) the farmers must be dependent on the illicit cultivation for their survival; and (ii) it must have been their traditional practice and the farmers do not know of any other way of survival. If these two aspects are not considered, alternative development programmes can be counterproductive with the Government rewarding regions where farmers started illegal cultivation to make large profits quickly. This, in turn, can be an incentive to other regions and communities and their leaders to start illegal cultivation so as to get the ‘status of illegal cultivating region’ so as to get more funds to their region. In India, but for a few isolated pockets, illegal cultivation of opium poppy or cannabis has not been the tradition nor are the local populations completely dependent on it for survival. Often, illegal cultivation is just a means of earning easy money.
7. Our policy towards alternative development will be as follows:
a) The primary means of tackling illegal cultivation will be the destruction of the crop and prosecution of the offenders under the NDPS Act.
b) If there are pockets where illegal cultivation has been a long tradition and the survival of the local population depends entirely on it, such areas will be identified through mutual consultations between the Central Government (Department of Revenue) the NCB and the concerned State Governments after a careful study.
c) Once the areas have been identified in a State as in (b) above, no new areas will be added to the list as new areas cannot suddenly become traditional illegal cultivating areas.
d) Alternative development programmes may be taken up in the areas identified as in (b) above after due consideration and once the programme is commenced in an area, it will be continued till the local population is completely weaned away from illegal cultivation.
e) Any alternative development programme will be coordinated by the NCB.
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