This was written by Mr. Tshering Dorji, Principal of Rinchen HSS, Thimphu on his facebook on 23 April 2016 and I wrote a reply to his concerns
Drugs
Relevant agencies grabbing public smokers and imposing fines would have collected good amount. But I wouldn’t feel proud. To me, their way is “merry-go-round”, whirling hundred times and getting nowhere. These are all incidental occupations allowing essentials to skip away. We must know that there are bigger issues at hand than just smoking, even though this cannot be ignored. Can we effort to get ourselves occupied with such petty issues of nabbing the smokers?
Such “penny wise, pound foolish” strategies must be avoided. We have larger issues getting fermented and seasoned underneath.
We have seen the team go all the way to Phuntsholing, Gelephu and Samdrup Jongkhar…..the so called bordering towns or the gateways. But what they do is nab some about hundred smokers! I would convey such sermons through a nursery rhyme:
Pussy cat, pussy cat, where have you been?
I have been to London to see the queen,
Pussy cat, pussy cat, what did you do?
I frightened a little mouse under a chair.
I have been to London to see the queen,
Pussy cat, pussy cat, what did you do?
I frightened a little mouse under a chair.
A gang of Bhutanese involved in drugs scuffle in Bangkok recently. Numerous young people getting behind the bars for drug abuse. Schools fighting against all odds to control drug problem. I confess that I would land up surrendering at least about 5 students in a day under the influence of drugs. Must I surrender them to police?Hundreds of people, young and old, walking in the streets like zombies knowing not much about their own purpose of walk. Even few teachers pretending to be 'Rams' in the classrooms. Good civil servants hiding behind their porch desks under the influence of drugs. Policemen, monks, sportsmen, chefs, you name it, we have it!
My reply on the above
It is highly appreciated for Sir's thoughtful suggestions and opinions on the issue la. From my personal perspective as a lawyer and also a person who have been involved in this area since decades ago in my personal capacity and as well as now in official capacity, I don't see any reason not to agree with u Sir on the issues u raised. Myself involved in drafting of the amended law, if I may point few important issues regarding the provisions of the law with reference to drug abuser or often referred the drug dependents.
The current law provides number of mechanisms to address the drug menace in the society.
1. In the areas of drug trafficking, the law has been now more clearly defined and also punishments are now provided according to severity, negative impacts of that drug and quantity of the drugs seized from the traffickers. The punishment now stands from 3 years to life imprisonment.
2. Second, unlike the old law, now the law defines mere possession of controlled substances and punishments are much lighter compared to drug trafficking. Traffickers are generally those making money out of selling these controlled substances for their own benefit either by importing, exporting, manufacture, transporting, storing etc while mere possession are those caught with drugs but with a higher quantity in their possession.
3. Third is the most important for person like Sir yourself to understand. This category is specifically for those found under the influence of drug use or drug dependents. In this areas, first the law gives every individual the right to seek medical help or counselling voluntarily. This means, if any drug abuser or dependent themselves declare as drug dependent and seeks help, not only they would be completely protected from prosecution but also ensures that those treating them shall maintain the confidentiality of their information being known to public. Therefore, any person whether student or civil servant or any body has a right to seek medical or otherwise other help from relevant agencies to come out of their problem before they are arrested by police or law enforcers. This completely prohibits the law enforcers from arresting them if they themselves voluntarily seeks help from the state or non-state actors like NGOS .
4. In case of their arrest only for drug abuse, the law no more penalizes them to be imprisoned in jail instead prescribe them with compulsory treatment or rehabilitation or mere counselling in certain case. For eg. Children below 18 years (Minors) who are caught for the First time is given an opportunity to institutional based counselling in case of schools or colleges within their own campus and those who are out of out of school or non-school going minor given opportunity to undergo a counselling in an approved treatment centre for minor or drop-in centre for a period of not less than two weeks. This provision completely protects the minors from detention but also decriminalizes completely to them to get corrected of their mistakes and seek help for their problem. Considering all schools have school counsellors, it gives the schools to help their own kids within the school and not hand over to police for detention.
5. Further, even if they are caught for second time, third time or even fourth time for mere substance abuse or drug dependent, the law gives them the opportunity to reform themselves by rehabilitation and treatment as compulsory and never direct imprisonment. However, one must remember that once they are caught by law enforcers except minors for the first time, other will have to go through the due process of law. This means, if parents or guardians do no take initiatives to bail them out during the pendency of their trial, they will be in detention which might take few weeks to few months. Being in detention is never called imprisonment because until the judgment is pronounced, any person accused of any crime is presumed innocent until proven guilty.
This is just to provide some information if anyone is unaware of the existence of the law. The above points raised are all in my personal capacity and does not represent any views of any organization in which I may be affiliated.
1. In the areas of drug trafficking, the law has been now more clearly defined and also punishments are now provided according to severity, negative impacts of that drug and quantity of the drugs seized from the traffickers. The punishment now stands from 3 years to life imprisonment.
2. Second, unlike the old law, now the law defines mere possession of controlled substances and punishments are much lighter compared to drug trafficking. Traffickers are generally those making money out of selling these controlled substances for their own benefit either by importing, exporting, manufacture, transporting, storing etc while mere possession are those caught with drugs but with a higher quantity in their possession.
3. Third is the most important for person like Sir yourself to understand. This category is specifically for those found under the influence of drug use or drug dependents. In this areas, first the law gives every individual the right to seek medical help or counselling voluntarily. This means, if any drug abuser or dependent themselves declare as drug dependent and seeks help, not only they would be completely protected from prosecution but also ensures that those treating them shall maintain the confidentiality of their information being known to public. Therefore, any person whether student or civil servant or any body has a right to seek medical or otherwise other help from relevant agencies to come out of their problem before they are arrested by police or law enforcers. This completely prohibits the law enforcers from arresting them if they themselves voluntarily seeks help from the state or non-state actors like NGOS .
4. In case of their arrest only for drug abuse, the law no more penalizes them to be imprisoned in jail instead prescribe them with compulsory treatment or rehabilitation or mere counselling in certain case. For eg. Children below 18 years (Minors) who are caught for the First time is given an opportunity to institutional based counselling in case of schools or colleges within their own campus and those who are out of out of school or non-school going minor given opportunity to undergo a counselling in an approved treatment centre for minor or drop-in centre for a period of not less than two weeks. This provision completely protects the minors from detention but also decriminalizes completely to them to get corrected of their mistakes and seek help for their problem. Considering all schools have school counsellors, it gives the schools to help their own kids within the school and not hand over to police for detention.
5. Further, even if they are caught for second time, third time or even fourth time for mere substance abuse or drug dependent, the law gives them the opportunity to reform themselves by rehabilitation and treatment as compulsory and never direct imprisonment. However, one must remember that once they are caught by law enforcers except minors for the first time, other will have to go through the due process of law. This means, if parents or guardians do no take initiatives to bail them out during the pendency of their trial, they will be in detention which might take few weeks to few months. Being in detention is never called imprisonment because until the judgment is pronounced, any person accused of any crime is presumed innocent until proven guilty.
This is just to provide some information if anyone is unaware of the existence of the law. The above points raised are all in my personal capacity and does not represent any views of any organization in which I may be affiliated.
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