Connect with us


Legal Issues A sunset clause will ensure that our laws are relevant and rid of outdated laws.



The drug policy of India is an outdated relic. It symbolizes the need to continuously design processes to examine the current policies in light of new evidence.

A time after Bollywood actor Sushant Singh Rajput passed away, Narcotics were once again in the spotlight, and a celebrity named Aryan Khan was detained to be consumed. Although the news media continues, the pertinent questions regarding the laws governing drugs in India remain unanswered. Are our laws on drugs outdated? If our drug laws aren’t up to date, What other laws need revision, and how can we create a solid system to ensure that our rules are up-to-date?

The central regulation governing the possession, production of, sale, purchase, transportation, and consumption of drugs within India can be found in the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. According to popular mythology, the Act directly results from the United Nations’ Single Convention on Narcotic Drugs in 1961.

Suppose the popular Netflix series Narcos producers believe their claims (and many commentators appear to concur with this viewpoint). In that case, it is thought that the US government was worried over the growing popularity of hippie culture and the rising outflows of foreign currency — a geopolitical issue that could tip the balance towards its Cold War adversary.

It is now clear that the Cold War has ended, one of the warring nations has broken up due to new evidence that the US has relaxed its pro-hawk stance. The National Institute of Mental Health in the US is now referring to the addiction issue as “substance addiction disorder’. In addition, The American Cancer Society now recognizes the therapeutic benefits of medical cannabis in reducing the effects of chemotherapy, such as nausea and pain relief for cancer patients. Of the 50 states which make up the US cannabis, marijuana use is now prohibited in only three states.

The Government of India has recognized that addiction to drugs directly impacts mental health problems within the Mental Healthcare Act passed by the Parliament in 2017. The Act declares it an illness of the mind. However, at the same, in the NDPS Act, its consumption can be punished with punitive measures. The issue is the absence of parity between law and practice, which could discourage people who suffer from addiction from seeking treatment due to the potential criminal risk.

However, these divergences and outdated laws aren’t an exception but rather the norm. This NDPS Act is one example of systemic flaws that leave our laws in disarray. Other measures that come to mind are that of the Sarais Act (1867), the Dramatic Performance Act (1876), and Section 377 of the Indian Penal Code (before the repeal from the Supreme Court) — all of which were misused by the state at times.

We live in an era of information, and our knowledge of our world is continuously changing. Our laws have to change to keep up with the times. The debate over the inadequacy of the rules governing drugs was spurred by chance; however, the same isn’t likely to occur for less critical issues. To ensure we are current across all fields, the Parliament must institute procedures that ensure that no past events are left unnoticed.

One option that could be taken quickly is to introduce mandatory sunset clauses, i.e., provisions that render laws ineffective after a specific time until it is re-enacted or amended. A sunset policy will force the need to rethink our rules regularly and let experts and civil society discuss the issue in the present. This kind of thinking could also support Article 51A(h) in the Constitution of India, which requires the development of scientific temper, an essential duty for every citizen. Since knowledge in every field may not advance in the same way, this kind of policy is only a signal of the need for introducing this clause into laws and with different timeframes in the Act or clauses contained therein.

Keeping our laws current and current ongoing study and integrating the latest findings is essential. The adverse effects of unproven outdated and ineffective thinking could be detrimental to society if checks and balances to reconsider things are not implemented. Rethinking the way we think will be your only option to make sure that we do not drop the ball in particular areas that aren’t visible to the public.

Nargis Abbasi

Continue Reading
Click to comment

You must be logged in to post a comment Login

Leave a Reply





The best criminal defense attorney newark nj are hard to come by. Criminal defense attorneys that are well-known and frequently appear on the front pages of newspapers for representing so-and-so aren’t usually the best in the industry. Perhaps their popularity stems from their willingness to work for the highest bidder, regardless of whether the clients they’re about to represent are guilty beyond doubt.

It is determined on a case-by-case basis.

Always keep in mind that each court case is distinct from all others because it may involve various clients and lawyers, as well as diverse causes and surroundings. As a result, keep in mind that the greatest criminal defense attorneys in the eyes of others may not be the best criminal defense attorneys to entrust with defending your rights. It’s important to remember that the term “best” is a highly subjective term.

Characteristics of Attorneys

The top criminal defense attorneys have the following characteristics and qualities. Any lawyer who does not meet ALL of the following requirements will never be considered the best

They have a lot of expertise.

A decade of criminal defense experience is sufficient to qualify lawyers as the best in the industry. When looking for the best criminal defense lawyers, make sure you hire lawyers that have the required number of years of experience in the state where your case was filed. To summarise, if your case is being tried in Illinois, you must hire a lawyer who has extensive expertise handling criminal defense matters in the state. Keep in mind that each state has its own set of rules, and selecting an attorney who isn’t knowledgeable with them may not be able to identify loopholes that could lead to your acquittal.

They have specialized areas of knowledge.

Criminal defense encompasses a wide range of offenses that can be grouped into four categories: white collar or business crimes, sex crimes, drug offenses, and violent offenses. You should pick an attorney who is widely regarded as the best in the field in which your case falls. A criminal defense attorney who focuses on drugs may not be up to date on the latest sex crime bills and laws. When you employ a criminal defense attorney with specific skills to defend your rights, you may rest assured that the other party is unaware of anything that YOUR attorney is aware of. As a result, their ability to articulate a case will be crucial in the battle of wills. And if you’re not guilty.

They have an above-average success rate when it comes to winning cases.

Experience alone does not make an attorney the best. Even if an attorney has been handling criminal defense cases for twenty years, if he does not have proof to back up his claim, he will not be considered the best in his area. Of course, evidence comes in the form of the number of instances won vs. the number of cases lost. Before paying any legal fees or engaging an attorney, thoroughly investigate the attorney’s history and experience.

Find out how he handled previous cases, what his skills and shortcomings are, and how he handles pressure if at all feasible.

Respect is a broad concept, but you can rest assured that the top criminal defense lawyers respect their clients in every way possible. First and foremost, they never bully their clients because they value their autonomy. Second, they respect their clients’ integrity by never asking them to lie under oath, even if it means saving their skins. They also demonstrate respect by swiftly returning calls and attending to demands, regardless of whether the client is wealthy or not.

If you’re wondering whether you should hire a criminal defense lawyer, the answer is unmistakably “yes.” Criminal defense attorneys have the power to influence the outcome of a criminal investigation or trial. Your criminal defense lawyer will ensure that your rights are safeguarded throughout the police investigation, will investigate the criminal justice system after charges have been filed, and will fight the government’s case at trial.

You may not know you require legal representation until you are presented with a citation or a warrant. It’s possible that law enforcement officers will complete their investigation without ever speaking with you. Even if law enforcement contacted you, the police may not have told you of their intention to bring charges. Lawyers are usually hired after criminal charges have been filed for these reasons.

The work of your defense lawyer begins as soon as he is hired. You may be arrested and required to post bail or remain in detention in some situations. The arresting officer is supposed to read you a statement of your rights at the time of your arrest. You have the right to an attorney, and your lawyer should be present during all interrogations while you are in detention. Your lawyer may also be able to help you reduce your bail or secure your release under a pre-trial monitoring program.

If the police have contacted you, you should call a criminal defense attorney right once to speak with them on your behalf. Your lawyer will make sure you don’t give the cops any remarks or evidence that could be used against you later. Your lawyer will also investigate and preserve evidence that will help you win your case. If there is any favorable evidence, your lawyer will utilise it to persuade prosecutors not to pursue charges against you.

There could be other indications that you’re being investigated for a crime. If you’ve been involved in illicit activities and your co-conspirator starts acting strangely, he could be working with the cops. Your boss may suspect misconduct if he sees you sitting at your computer or browsing through your files. Trust your gut feelings. If something doesn’t feel right, it probably is.

Most criminal defense lawyers don’t consult with persons who are planning to commit a crime in the future. Your criminal defense attorney, on the other hand, can counsel you on the possible implications of previous criminal behavior. Your lawyer can also communicate with law enforcement to find out the status of the criminal investigation and help you reduce or avoid criminal charges.

It is never too early to seek the guidance of a  criminal lawyer newark nj  if you are facing criminal accusations.


Continue Reading