Thesis Topic

Legal Framework to Prevent Alcoholism

and Drugs Addiction in Bangladesh
Chapter 1
INTRODUCTION

Recently, narcotics addiction has significantly increased in worldwide, especially in

the south Asian countries like Bangladesh. In our country, this agent of human
devastation has tract its black paw to every nook and cranny. Specially, this drug
addiction number is increasing day by day among the young generation. This
alarming condition is already reported by the United Nations and World Health
Organization (WHO).
Addiction means strong attraction for any harmful thing. Drug addiction means
taking heroin, opium, marijuana, cocaine, phensidyl etc. Some of these are taken by
smoking or though injection. These drugs are used for intoxication and stimulating
effects. The frequent taking of these drugs leads a man to death. Drug addiction is a
complex brain disease. It is characterized by compulsive, at times uncontrollable, drug
craving, seeking, and use that persist even in the face of extremely negative
consequences. 1
Alcoholism and drug addiction may be conceptualized as crime without victim.
Suppose addict himself is the victim who becomes a prey of its misuse 2.This
devastating melody is eroding the roots of social, economic and cultural fibred of the

1
Ahmed Siddique, Criminology: Problems and Perspective, 5th ed. (Lucknow: Eastern Book
Company. 2005), p. 434.
2
P. Kundram & V.N. Murty, “ drug Abuse And Crime : A Preliminary Study” (1979) 7 Indian
Jour Crime 65-68. [www.googlesearch.Com last visited on 12 February 2012].

1
society. It gives rise to criminality and criminal behaviour which eventually leads to
social disorganization.3
The Use of alcohol and other drugs is of ancient origin but their consumption and
the consequent problems have assumed alarming magnitudes and dimensions in the
recent past in many part of the world Not only has the consumption of alcohol and
drugs increased in an unprecedented way but new patterns of their consumptions
signifying social and cultural undercurrents have also emerged. All this has caused a
great deal of concern and the formidable challenge posed to sociologists, lawyers,
medical men and administrators has drawn a variety of responses4.
Alcoholism and drug addiction are indicative of the irresponsibility and weakness
of the character of the persons using these intoxicants. The relation between
alcoholism and various aggressive and criminal acts is often confirmed by police
records prison statistics which indicate that in the present day there is a considerable
increase in such alcoholic-criminal episodes.5 Experience has shown that various
preventive and punitive measures such as fine, imprisonment or detention for
drunkenness and the disorderly behaviours have failed in eliminating this menace.
It has been generally agreed that criminality in human beings is to attributed to
there mental depravity. Persons with balanced emotional and physical health normally
do not indulge in criminality or aggressive conduct; nor do they take to alcoholism
beyond control. Investigation made by socialists and criminologists on alcohol-crime
relationship reveal that there is a close resemblance between the structure of alcoholic
and criminals. Thos proposition brings us to the following conclusions regarding the
impact of alcoholism and drug addicts on criminality,6
1. Crimes are often planned in liquor shops and bars where alcohol is sold.

3
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009), p.

4
Ibid, p. 191.
5
Ahmed Siddique,, Criminology: Problems and Perspective, 5th ed. (Lucknow: Eastern Book
Company. 2005), p. 434.
6
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009), p.
191.

2
 2. Offenders generally consume liquor and alcohol or drugs to overcome their
inhibitions and emotional strains.7
3. The booty and gains of crime are often distributed and shared in liquor and
wine shops.
4. Alcohol and narcotic drug help to remove the element of self-criticism from
the criminal in relation to himself and his acts.
5. Juvenile delinquency and drinking are intimately connected.
6. The illegality of purchase and possession of alcohol and narcotic drug make
alcoholics or drug addicts delinquent.
7. Alcoholism and drug addiction being forbidden by law, there procurement
gives rise to a number of related crimes such as illicit sprit-distilling,
smuggling of wine or intoxicating drugs, racketeering, drug trafficking
underhand deals in transmission of alcohol and narcotics from one place to
another place and bribing the official the officials to escape arrest and
punishment.
8. Research studies have shown that alcohol is more contributory criminality
than other drugs, probably because its legal and common usage makes it
readily available.
Of late, drug abuse seems to have become a fashion for fun to relieve boredom, to
get rid of tensions at home and in society, to feel good and high to revolt against
establishment, to heighten sexual experience, improve studying and so on. Drug
seeking becomes compulsive, in large part as a result of the effects of prolonged drug
use on brain functioning and, thus, on behaviour. For many people, drug addiction
becomes chronic, with relapses possible even after long periods of abstinence.8

7
Ibid, p. 191.
8
Ibid, p. 192.

3
 Chapter 2
GENERAL CONCEPT ALCOHOLISM AND DRUG

2.1 Concept of Alcoholism

Alcoholism, also known as alcohol use disorder (AUD), is a broad term for any
drinking of alcohol that results in mental or physical health problems. The disorder
was previously divided into two types: alcohol abuse and alcohol dependence.

2.2 Nature of Alcoholism

Like Drug addiction alcoholism is also an addiction. Alcohol gets into the
bloodstream so the effects can be almost immediate, but it can take hours to wear off
depending on size, weight, what is drinking, how strong it is and how much is drink.
Alcoholism is present when a person craves alcohol and cannot limit or contain
his or her drinking. If someone experiences withdrawal symptoms such as nausea,
sweating, shakiness, or anxiety when alcohol consumption has ceased, or if there is a
need to drink greater amounts of alcohol in order to feel a high, that person is most
likely alcoholic.
Some may think that it’s just a matter of having the will to stop drinking, but
alcoholism is more complicated than that. An alcoholic’s craving for alcohol is so
great that it suppresses their ability to stop drinking. The majority of alcoholics need
assistance to stop drinking. With treatment and support from family and friends, many
have been able to stop drinking and rebuild their lives. It is a sad fact however that
there are still some who are unable to stop in spite of these aids.
Alcohol kills more teens annually than all other drugs combined. It is a factor in
the three leading causes of death in the 15-24 age groups in the U.S. accidents,

4
homicides and suicides. Binge drinking and chronic alcohol use are also associated
with many health problems.9

2.2 Effect of Alcoholism

Short-term effects of Alcoholism
 Slurred speech
 Vomiting
 Drowsiness
 Distorted vision, hearing and coordination
 Impaired judgment
 Headaches
 Breathing difficulties
 Poor perception and coordination
 Unconsciousness
 Coma
Long-term effects:
 Unintentional injury (e.g., car crashes, falls, burns, drowning)
 Intentional injury (e.g., firearm injuries, sexual assault, domestic violence)
 Broken relationships
 High blood pressure and strokes
 Liver disease
 Brain and nerve damage
 Sexual dysfunction
 Ulcers
 Gastritis (inflammation of stomach walls)
 Malnutrition
 Cancer of the mouth and throat
9
Ibid. p. 192.

5
2.3 Alcohol - The Negative and Positive Aspects
The effects of alcohol, as is generally known, are damaging to the individual as well
as to society. As mentioned above, however, positive or negative, the effects of
alcohol can be viewed from two angels - from the points of view of effect on the
individual consumer and on social groups of individuals.
So far as the positive effects on the individual are concerned, alcohol can reduce
tension, guilt feelings, anxiety and frustration. As regards the damaging aspect, it can
impair physical, moral and mental health. It lowers sensitivity, efficiency and
caution in a person. Deterioration of sense of timing and balance may also occur.
Inhibitions are reduced when alcohol is consumed but revert back when the person is
sober. This gives rise to irregular and erratic behaviour, a phenomenon more
dangerous in a complex society since the task of integrating an individual with the
group is far more formidable in a complex society than what it was in a relatively
simper society. Cirrhosis of liver, ‘alcoholic jealously’ delirium tremens and dim-
ignition in libido are among the more specific troubles which may be caused by heavy
drinking. 10
Perhaps the only social good with which alcohol can be credited is that it provides
social opportunities, not otherwise available, for inter-personal exchange of ideas,
particularly to socially frustrated individuals. Alcohol, in its negatives aspect, has
tremendous potentialities. It may give rise, directly or indirectly, to various crimes.
An alcoholic may neglect his social and family obligations. Consumption of liquor
may lead to financial problems generating a number of family suffering in non-
affluent countries like India. Worst of all, the moral fabric of the family may
eventually be damaged beyond redemption.
Scientists say that someone who has alcoholic addiction in his/her family is more
likely to develop alcoholism if they choose to drink. Alcoholism can also develop or
worsen based on a person’s environment and traumatic experiences in life. These
factors may include culture, family, friends, peer pressures, and the way the person

10
Ahmed Siddique, Criminology: Problems and Perspective, 4th ed. (Lucknow: Eastern Book
Company. 2001) p. 435.

6
lives.11
Alcoholism can lead people into serious trouble, and can be physically and
mentally destructive. Currently alcohol use is involved in half of all crimes, murders,
accidental deaths, and suicides. 3 There are also many health problems associated with
alcohol use such as brain damage, cancer, heart disease, and diseases of the liver.
Alcoholics who do not stop drinking reduce life expectancy by 10 to 15 years. Too
much alcohol can destroy brain cells, possibly leading to brain damage.
Alcohol greatly disturbs the structure and function of the central nervous system,
hindering the ability to retrieve, consolidate, and process information. Moderate
consumption of alcohol can affect cognitive abilities while large amounts interfere
with the oxygen supply of the brain causing a blackout when totally drunk. Alcohol
addiction may also inflame the mouth, oesophagus, and stomach, and could cause
cancer in these areas, especially in drinkers who also smoke. Splurge drinking may
produce irregular heartbeats, and abusers experience a higher risk of high-blood
pressure, heart attacks, and other heart damage. Alcohol also can harm vision, damage
sexual function, slow circulation, is the grounds for malnutrition, and water retention.
It can also lead to skin and pancreatic disorders weaken the bones and muscles, thus,
decreasing immunity. 12

2.4 Main Causes of Drug Addiction

There are many reasons why you might begin taking drugs. It might be a case of your
friends are taking drugs which pressures you to do the same. Ask yourself. are these
real friends? Real friends would not put pressure on you to take something that is bad
for you. It may be a hard decision to make but the best thing you can do is say no and
walk away
One of the typical causes of drug addiction is the inability to cope with crisis.
Loss, disappointment, feelings of rejection, loneliness, and failure frequently lead to
physical and emotional symptoms. As symptoms of headaches, tension, sleeplessness,

11
[http://www.alaboutgod.com/truth/2peter-2.htm, last visited on 29 December 2020].
12
[http://www.alaboutgod.com/truth/2peter-2.htm, last visited on 29 December 2020].

7
and depression increase, medications become a solution. Some will get prescriptions
from a physician or try to medicate themselves. Not only has that but also had some
causes of drug addiction. I am giving a description about it.
1. The lack of parental care and control partly due to working situation of both
spouses and disintegration of joint family system are also contributing factors to
encourage this vice. It also spread among the middle, upper- middle, and high
economic class families. Urban areas seem to be more affected by this vice.13
2. The recent developments of in pharmaceutical and medical sciences have
provided scope for production of variety of toxic synthetic substances. This has
contributed substantially to drug abuse and addiction. 14
3. People often take drugs for relief from painful illness and ultimately get
addicted to it. Besides, there are some addicts whose neurological heritage is such that
they find it difficult to survive with out the use of alcohol or narcotic drugs and this
ultimately makes them habitual alcoholics or drug addicts.15
4. Frustration and emotional stress due to failures, sorrows miseries of life, diverts
people to join the company of addicts. For them drugs or alcohol is a medicine - a
blessing disguise16. In course of time they become addicted to this vice.17
5. Hippie-culture detracts youngsters to drug addiction and they start it as a ‘fun’
or enjoyment. They start consuming drugs or alcohol on an experimental basis out of
fun and enjoyment. The frequency of consumption gradually increases due to its
narcotic effect and finally a good majority of them turn out to be drug addicts and
habitual.18

13
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009),
p.192.
14
Ibid, p. 192.
15
ibid, p. 193.
16
Jeorge Caltin E.G.: Alcoholism In the Encyclopedia of Social Science (1930) p. 155.
17
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009), p.
193
18
Ibid, p. 193.

8
 6. The lack of knowledge of child psychology and communication gap between
parents and young addicts are also contributory factors for drug-abuse and alcoholism.
people who do manual work often believe that use of drugs such as- alcohol, opium,
ganja etc. Provides them added strength and vigour to withstand hard labour. This
delusion of physical vitality by use of alcohol or narcotic drugs ultimately makes
them confirmed addicts.19
7. Social disorganization is also a contributing factor for the menace of drug abuse
or misuse. Frequent family strife’s and breakdowns due to poverty, temperamental
differences, neighbourhood influences etc. may divert a person to alcohol or drug
consumption to overcome his domestic and family problems. This may itself be a
cause of tension and quarrel in the family. Such persons ultimately fall a prey to drug
abuse.20
Thus the process of alcoholism and drug-addiction sets in when a person
knowingly or unknowingly begins to consume alcohol or narcotic drug as a medicine
for a sound sleep at night or to get stimulation for work or to get relief from domestic
problems or to press depression, resentment, or to get rid of disturbing mental restless
and so on. He prefers to remain in the world of imagination rather than facing realities
of life. Gradually, he becomes addicted to alcohol or drug consumption and his
dependence on these intoxicants increases at relatively faster rate. Finally, he reaches
a stage when he cannot live without wine or drug since it becomes his life habit.21

2.5 Classification of Drug

19
Ibid, p. 193.
20
Ibid, p. 193.
21
ibid, p. 193.

9
The international Convention on Drugs to which India to which India is a signatory
gas classified drugs fewer than two categories, a) Narcotic Drugs, b) Psychotropic
Substances.
a) Narcotic Drugs:- The main drugs covered under this head are the following :
i) Opium (is generally used as pain killer) and its derives like brown sugar,
heroin and codeine.
ii) Coco leaf, cocaine.
iii) Cannabis (ganja) cannabis resin, extracts and tinctures.
iv) Methadone, pethedine, hebaine.
b) Psychotropic Substances includes valium, diazepam, tidiest, morphine etc.22

There are three types of drugs available in use in Bangladesh.23

1. Opium
a) Heroin
b) Phensidyl
c)Tidijesic
d) Pethidine
e) Opium
2. Cannabis
a) Ganja
b) Chorosh
c) Bhang
3. Sleeping pill
a) Tranquilizer

22
ibid, p. 197.
23
Drug Addiction and Social Damage, Date of Publishing: 10 March 2001

10
The intoxicants are also classified in the following manner:
A Class Intoxicants- This class includes- Opium, Poppy, any Afim, Opium Derivatives-
(viz- Morphine, Codeine, Thebaine, Noscapaine, Norco tine, Papavarine etc), any artificial
intoxicants like Afim ( viz- Pethidene, Meperdine, Methadone, Dextromoramide,
Dilydrocodeine, Meperdine Fentanyl, Pentaxocaine, Hydrophine, Omnepone, Alphaprodine,
Demeral, Oxycodone, Etrophine, Lofentanyl, Alfentynyl, Alphamethy Fentanyl, 3-Methyl
Fentanyl,
Asscetrophine, Acetylmethadol, Alphacetyl-methadol, Betaprodine), Cocaine, Cocaine
derivatives, Tetrahydrocanbinal, Cannabis resin, Charas, Hashish, Acetic anhydride,
Mescaline etc.
B Class Intoxicants- This class includes- Hemp plant, Herbal cannabis, Vang Vang tree
or such other trees used as source of addiction, Alcohol, All types of wine, rectified spirit,
Beer, LSD, Barbiturates, Amphetamine, Methyl Amphetamine, Phencyclidine, Psilicybin,
Nicocodine, Methaqualone.
C Class Intoxicants- This class includes Tare, Pochuie, Denatured spirit, Methylated
spirit, Chlordiazepoxied, Diazepam, Oxazepam, Lorazepam, Flurazepam, Clorozepate,
Nitrazepam,

11
 Chapter 3
PRESENT SCENARIO AND GOVERNMENT STEPS

3.1 Current Scenario of Use of Narcotics in Bangladesh

3.1.1 Yaba
The ‘crazy medicine’ called Amphetamine (Yaba) has become the drug of choice
among the young generation over the past few years as it is cheap, potent, easy to
carry and highly addictive. A densely populated nation of about 160 million people,
Bangladesh is now on the front lines of the yaba epidemic. Yaba is mainly smuggled
through the Bangladesh-Myanmar border at the extreme South-Eastern area of Cox’s
Bazar District. Most of the drugs other than Yaba are smuggled into Bangladesh
through the borders of Satkhira,Jessore,Rajshahi,Joypurhat and Dinajpur along the
Western region and Cumilla and Brahmanbaria along the Eastern region.
According to the recent seizure statistics and reliable data, the major drug market
is Dhaka.The seizures of yaba are made 25.73% at Dhaka Zone, 69.22% at
Chittagong Zone, 2.20% at Barisal Zone & 0.24% at SylhetZone.More than 69% of
the seizure of Yaba is made at Chittagong because border of Cox’s Bazar of
Chittagong Zone is the route of smuggling Yaba into Bangladesh.Though the seizure
of Yaba at Dhaka is more than 25%,it still remains one of the biggest markets of Yaba
in Bangladesh.

3.1.2 Heroin
Heroin is a highly addictive illegal drug that belongs to the opioid family. It is
synthesized from morphine, which is an opiate chemical deived from the opium
poppy. In its purest form, heroin is a fine white powder. But more often, it is found to
be rose grey, brown or black in color. Bangladesh is in between the Golden

12
Triangle(Thiland,Myanmar and Loas) and the Golden Crescent (Iran,Pakistan and
Afghanistan). This is the major reason that made it epidemic level in Bangladesh.
The seizures of Heroin were 15.89% in Dhaka Zone,0.96% in Chattagong Zone,
73.21% in Rajshahi Zone,9.61% in Khulna Zone,0.08% in Barishal Zone and .37% in
SylhetZone.Therefore it appears that Rajshahi Zone has the highest prevalence of
seizure of Heroin.

3.1.3 Phensedyl
One of the largest illicit drugs consumption in Bangladesh is Phensedyl,a codeine-
based cough syrup, which is largely smuggled through North-East side of India.
Codeine, one of the primary active ingredients in phensedyl, is a strong opiate which
is highly addictive and commonly misused.
According to the statistics, the seizures of phensedylwas 7.27% in Dhaka
Zone,14.36% in Chittagong Zone, 50.35% in Rajshahi Zone,25.82% in Khulna
Zone,0.33% in Barishal Zone and 1.87% in Sylhet Zone.The Phensedyl affected areas
of the country are Dhaka Metropolitan & the adjacent areas of Dhaka Metropolitan
and Mymensingh of Dhaka zone, Jessore&Chuadanga of Khulna Zone, Brahmanbaria
of Chittagong Zone and Rajshahi, Bogura, Noagaon, ChapaiNawabgonj and Dinajpur
of Rajshahi Zone. Abuse of Phensedyl is now in a decreasing trend.

3.1.4 Alcohol
The problen of alcorolism is becoming a threat to the nation's welfare. Although the
problem is more serious in urban areas.Alcohol consumption in Bangladesh is greatly
lower than the global average and western countries.
Local alcoholic beverages called Cholai and Tari are consumed by the lower
socio-economiacclasses, while workers drink another distilled beverage called Bangla
Mod.
The tribal communities of Hill Tract areas and among the Garo community in greater
Mymenshing hand the Shaontal community, the labors of tea gardens and some lower

13
castes and low-profession people called Sweeper, Dom, Cobbler, Dhangors and Meth
are used to drink home made alcoholic beverage reqularly.
The seizure of illicit country liquor & Cholai mod during the year 2016 was
20,036.41 liters and the amount of foreign liquor in that period was 101.02 liters,4837
bottles and 13203 cans of Beer. During the year 2016 the Department of Narcotics
Control detected a total of 9773 cases (including cases in Mobile Court) andmade
10465 arrests (including arrests in Mobile Court) of which 1079 (11.04%) cases and
1150 (10.99%) arrests were relaled to offtenes in connection with alcohol.According
to the data of drug addiction treatment services, only 1.03% of the treatment seekers
have problem with addiction to alcohol. People with alcohol habit very rarely seek
treatment because it does not hamper their regular life and consequences of alcohol
abuse is not visible like the problem of abuse of Yaba, heroin, Phensedyl or iniecting
drugs24.

3.2 Narcotics Control Activities in Bangladesh

Bangladesh faces a multitude of drug control challenges for its geographical location.
Opiates, cannabis and amphetamine-type stimulants remain the main substances of
concern, with record levels of cannabis herb seized in Bangladesh and India during
2017. There has been a thirtyfold increase in seizures of methamphetamine pills
known as “yaba” in Bangladesh since 2011, and the amounts of illicitly produced
opiates seized throughout the region have been increasing. The diversion of controlled
substances, particularly ephedrine and pseudoephedrine, from licit to illicit channels
has continued, as has the smuggling of pharmaceutical preparations containing
narcotic drugs and psychotropic substances, notably codeine-based cough syrups,
which remain a considerable challenge in Bangladesh.
There is a growing evidence of an emerging modus operandi of drug trafficking in
the region that involves the use of the Internet as a marketplace for drugs and
precursors, with mail or courier services being used for delivery. A comparatively
large number of parcels containing controlled substances have been seized. However,

24
[<https://anual drug report 2016>visited on 01 January 2021].

14
little is known about the extent of regulations applicable to Internet pharmacies and
business-to-business platforms acting as intermediaries between buyers and sellers or
about the role that express courier service providers play in the cross border
movement of controlled and non-scheduled substances.
Illicit cannabis cultivation is an issue of concern in Bangladesh. Illicit cannabis
cultivation remains a challenge in the country. It remains the most frequently seized
narcotic drug in Bangladesh. Bangladesh eradicated 69,989 illicitly cultivated
cannabis plants in 2017, the highest number of such plants eradicated in the last seven
years in the country, and almost double the number of plants eradicated in 2013.
In order of magnitude, Bangladesh recorded the next-largest quantity of cannabis
herb seized in the region, with close to 70 tons seized in 2017. While seizures of
cannabis herb have not fallen below 10 tons since the beginning of the decade, the
amount seized in 2017was by far the highest since 2010. Following a steady increase
since 2014, the amount seized in 2017 was more than triple the amount seized in that
year (17 tons in2014, 42 tons in 2015 and 47 tons in 2016). In most cases, cannabis
herb is trafficked into Bangladesh from neighboring countries.
Bangladesh seized 401 kg of heroin in 2017, the highest amount of heroin seized
in the last eight years, following significant year-on-year increases since 2014(30 kg
in 2014, 110 kg in 2015 and 267 kg in 2016). The amounts of other illicitly produced
opiates seized over the same period were very small. Seizures of
pharmaceuticalopioids, which caused serious problems at the beginning of the decade
(more than 4.1 tons were seized in 2010),have been in decline, with only a nominal
amount seizedin 201725.
Codeine-based cough syrups sold under different trade names (e.g., Phensedyl and
Corex) have continuedto be seized. Codeine is trafficked mainly along the border
between India and Bangladesh. These pharmaceutical preparations are mostly
produced in India, often transported by road in trucks and trains and then trafficked

25
[<https://gulfnews.com/world/asia/bangladesh-makes-record-drugs-seizure> visited on 01 January
2021].

15
across the border into Bangladesh. In the first six months of 2018, the Department of
Narcotics Control seized large number of cough syrup.
Amphetamine-type stimulants “Yaba” remain drugs of considerable concern in
our country. “Yaba” (methamphetamine)tablets have been seized in increasing
numbers. “Yaba” methamphetamine was the second most seized drug in 2017 after
cannabis herb, with 3.6 tonsseized. This represents the highest quantity of
methamphetamine seized in the past eight years in Bangladesh and a more than
tenfold increase over the amount seizedin 2016 (355 kg). In 2016, the Department of
Narcotics Control in Bangladesh reported seizing close to 30 million“yaba” pills.
“Yaba” tablets, the methamphetamine-caffeine compound associated with the drug
abuse crisis in Bangladesh, are entering from Myanmar.
Virtually, the non-medical use of pharmaceutical drugs containing controlled
substances continues to be prevalent. The preparations in question include codeine-
based cough syrups sold under different trade names, such as Corex and Phensedyl.
Drug abuse has become a major concern in our country in recent years. Illegal
drug use, abuse and addiction are serious problemsinour country. National Survey on
Drug Use and Health found that 10 percent of the total population use illegal drugs. It
also reported that most of them are struggling with either substance abuse or
dependence. They further reported that, among men aged 18 to 35, about 4 per cent
were dependent on opioids. The majority of those men (53 per cent) reportedly used
heroin, about 33 per cent used opium and some 14 per cent used a variety of
pharmaceutical opioids.
Since 2017, the Government of Bangladesh has severely restricted the distribution
of pseudoephedrine preparations in the country. Pseudoephedrine is the prime
precursor for the illicit manufacture of “yaba” and is mainly imported into Bangladesh
from India and Myanmar. However, statistics maintained by the Department of
Narcotics Control with regard to patients of national treatment centres showed that, in
2016, for the first time in three years, heroin ranked first among the drugs in respect
of which treatment had primarily been provided: a little over a third of patients were
primarily treated for heroin abuse, about a third of patients for abuse of “yaba” and

16
less than a fifth of patients for cannabis abuse. Figures have fluctuated over the period
2012–2016 in Bangladesh, with only one consistently discernible trend concerning the
use of “yaba”: in 2012, close to 6 per cent of patients were treated primarily for
methamphetamine abuse, a proportion that had increased fivefold by 2016. In May
2018, Bangladesh declared a “war on drugs”, which has reportedly resulted in the
deaths, at the hands of law enforcement officials, of hundreds of people suspected of
drug trafficking26. Summary trials of drug offenders through “mobile drug courts”, in
which suspects are prosecuted and sentenced on the spot, have been operational for a
number of years, with conviction rates of close to 100 per cent (in 2016, for example,
there were 6,591 convictions and 1 acquittal). However, targeted drug law
enforcement operations with large numbers of suspects reportedly killed as a result is
an unprecedented development in the country. Under the international drug control
conventions, drug-related crime must be addressed through formal criminal justice
responses, including internationally recognized due process standards.
In October 2018, Bangladesh extended the application of the death penalty to
drug-related offences involving more than 200 g of methamphetamine (“yaba”),
which is widely abused in the country, and reclassified the substance as a class-A
narcotic drug.

26
[<http://www.dnc.gov.bd> visited on 01 January 2021].

17
 Chapter 4
NARCOTICS CONTROL ACT, 2018 AND OTHER LAW RELATING TO
PREVENTION OF ALCOHOLISM

4.1 Introduction
Alcohol is psychologically and physically addictive. Frequent drinking can lead to
alcoholism. The government tries to prevent alcohol abuse and alcoholism through
laws and public awareness. It is important that people recognise the signs of
alcoholism at an early stage. A doctor who suspects that a patient is drinking too
much should refer the patient quickly to an appropriate care provider.

4.2 Laws to Prevent Alcohol Abuse and Alcoholism

There are several laws governing alcohol and alcohol consumption. The Licensing
and Catering Act sets rules about where alcohol may be sold, and prohibits the sale of
alcohol to anyone under the age of 18.Local authorities check compliance with the
Licensing and Catering Act. Besides the Licensing and Catering Act, there are other
rules and regulations on alcohol use too:
The Criminal Code says that it is a criminal offence to be drunk in public and to
disturb the public order while intoxicated. The Criminal Code also says that it is a
criminal offence to serve alcohol to someone who is obviously drunk. The Road
Traffic Act sets limits for alcohol in the blood for drivers. The limit is 0.05% for
drivers with a egular driving licence, and 0.02% for new drivers. The Media Act does
not allow alcohol commercials to be broadcast on television and radio between 6.00
and 21.00.27
4.3 Policy and Legislation

27
[https://www.government.nl/topics/alcohol/preventing-alcohol-abuse-and-alcoholism last visited
date on 03.01. 2021].

18
The government of Bangladesh recognizes drug abuse as one of the most serious
problems and is firmly committed to supporting international, regional and bilateral
efforts aimed at its prevention and control. The national drug enforcement policy is
embedded in the Narcotics Control Act 1990. The government took measures to
amend the Narcotics Control Act 1990 in line with UN Conventions. The major
features of drug abuse prevention and control in this legislation are:
1. Establishment of the National Narcotics Control Board (NNCB) with the task
of drug abuse prevention and control, and to encourage foreign and domestic
participation in drug control activities;
2. Compulsory treatment of drug addiction;
3. Establishment of drug treatment canters;
4. Obligation of organizations and individuals to supply information on drug
abuse;
5. Restrictions and control on prescription of certain drugs which lead to
addiction if abused;
6. Control of production, distribution, prescription, sale and use of sedative,
hypnotic and tranquillizer drugs;
7. Classification of scheduling of drugs according to control measures and
intensity of harmful effects;
8. Different types of punishment for different drug offences according to the
severity of their nature and quantity of drugs involved;
9. Financial investigation of drug crimes;
10. Freezing and forfeiture of assets of drug traffickers; and
11. Establishment of drug testing laboratory to speed up the trial of drug cases. 28

4.4 Plans and Programs

28
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 03.01. 2021].

19
With financial and technical support from the United Nations Drug Control Program
(UNDCP) the government of Bangladesh undertook a Five Year Master Plan for drug
abuse control in Bangladesh. The plan is divided into three sectors - Law Enforcement
and Legal Assistance, Preventive Education and Information, and Treatment and
Rehabilitation. The implementation of this Master Plan started in 1994. Its major
components are: constancy and technical assistance regarding program development,
policy formulation, updating laws and regulations; training (overseas and domestic) of
personnel of government and non-government organizations; workshops; supply of
transport, logistics and equipment; community intervention programs; and social
awareness campaigns.
The government believes that the fight against drug is a multi-disciplinary task,
and it must be accomplished by individuals and organizations from all concerned
fields. The organizations entrusted with drug prevention activities in Bangladesh are
the Department of Narcotics Control (DNC), Police, Customs, BDR and Coast Guard.
The ministries of health and family planning, education, information, social welfare,
and youth and sports are also involved in various aspects of drug abuse prevention.
DNC is primarily responsible for administration and enforcement of national laws to
control psychoactive drugs. Its total manpower is 1,274. It has 34 major offices
throughout the country, which includes the headquarter at Dhaka zonal offices at
divisional headquarters, 25 regional offices at major district headquarters and zonal
intelligence offices. DNC headquarters has four major branches of administration and
an Intelligence wing. A director supervises each of the four branches of
administration. 29

4.5 International Cooperation

Bangladesh inherited the partnership in the Single Convention on Narcotic Drugs
1961. It became a signatory to the Convention on Psychotropic Substances 1971 and
the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
substances 1988, and signed the SAARC Convention on Narcotic Drugs and

29
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 03.01. 2021]

20
Psychotropic Substances in 1990. Bangladesh celebrates international day against
drug abuse and its illicit trafficking on 26 June nationwide each year through a variety
of programs. Bangladesh entered into a bilateral agreement on technical assistance
with the USA in 1993 for drug abuse prevention and control, and received
communication equipment. The country has been provided with training facilities by
DAP of the Colombo plan Bureau, SAARC, UNESCO, ILO and ESCAP. Bangladesh
has hosted a number of SAARC workshops, seminars and symposium during the last
few years. DNC has a close contact with the regional office of DEA based in New
Delhi. Exchange of information with USA, UK, France, and India is being done
through their Drug Liaison Officers posted at Dhaka. The country sends information
regularly to the INCB at Vienna and the SDOMD at Colombo. It has also entered into
a bilateral agreement with Myanmar for suppression of illicit traffic on drugs. It
signed a Memorandum of Understanding with Iran for drug abuse prevention and
control. Another bilateral agreement for prevention and control of drug abuse with
India is under active consideration by our government.
Training programs for all classes of DNC officials on various aspects of drug
abuse prevention continue both at home and abroad. The overseas training programs
are mainly sponsored by the Colombo Plan Bureau, SAARC, UNDCP, JICA, USLA,
DEA and INM of USA, France and the British Government. Domestic training
programs are mainly sponsored and conducted by DNC itself. All officers from the
rank of additional directors down to the rank of inspectors were provided with a
number of basic and specialized training courses on various aspects of drug abuse
prevention and control, covering the whole range of both demand and supply
reduction activities. A core trainer group has also been developed within DNC.
UNDCP's Drug Control Project in Bangladesh is also providing extensive training on
both demand and supply reduction for DNC and other law enforcement agencies.
Special workshops on law enforcement and legal assistance for orientation of judges,
magistrates, and prosecutors are being conducted by DNC and UNDCP throughout
the country.30

30
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 03.01. 2021]

21
4.6 Methods of Prevention and Control
Methods of prevention and control cover a considerable area of both supply and
demand reduction. The major supply reduction activities in Bangladesh are: (a)
Licensing, (b) Monitoring and Inspection, (c) Intelligence and Enforcement, (d) Crop
Eradication and Destruction of Drugs, (e) Investigation, and (f) Prosecution and
Sanctions.

4.6.1 Licensing
Licensing is used in Bangladesh to control the production, processing, export, import,
transport, distribution or sale, use or consumption of alcohol, spirit, alcohol-
containing products, and certain narcotic drugs used for medical purposes. The total
number of different kinds of licenses under the control of DNC is 3,765. Licensing is
an effective method to control and limit drug-supply facilities, their outlets, locations,
types, numbers and activity-hours.31

4.6.2 Monitoring and Inspection

Monitoring and inspection of the supply system of drugs is done by DNC through its
field offices. Liquor shops are inspected once a month and others once a quarter.
Officials above the rank of inspector can inspect any license whenever desired.32

4.6.3 Intelligence and Enforcement

DNC directly hits the pipeline of drug supply through its intelligence and enforcement
activities. Police, customs authorities, and Bangladesh Rifles are also directly doing
this job. DNC carries out its enforcement activities through its 103 circle offices
located throughout the country. Each circle has six-member staffs, which includes one
inspector, one sub-inspector, one assistant sub-inspector and three sepoys. In spite of
its shortage of manpower, scarcity of necessary equipment and training, DNC detects

31
Ibid.
32
Ibid.

22
about 3,000 cases of drug abuse each year and recovers huge quantities of different
kinds of illicit drugs. During the period between 1993 and 2000, law enforcing
agencies arrested 16,792 persons and seized 80 kg of heroin, 10.13 tons of cannabis,
210,766 bottles of phensydyl (codeine), 7.5 kg of cocaine, 21,388 ampules of
Buprenorphine injection, 44 kg of charash, (THC), 22,388 ampules of pethidine
injection, 86,465 litres of ID liquors, and 30, 850 litres of rectified spirit.33

4.6.4 Crop Eradication, Crop Substitution and Destruction of Drugs

Because Bangladesh produces no narcotics drugs, it has no crop eradication or crop
substitution programs. However, it seizes and destroys the small amount of cannabis
plants cultivated illegally in remote rural areas. Number of cannabis plants eradicated
during the last seven years is about 348,000.34

4.6.5 Investigation
DNC and the police are empowered to investigate drug cases in Bangladesh. Officers
above the rank of inspectors are authorized to conduct investigations.35

4.6.6 Prosecution and Sanction

DNC and the police carry out prosecution of drug cases in courts. Police has
inspectors in each magistrate court in Bangladesh. DNC has 12 prosecutors and 37
assistant prosecutors at 25 regional headquarters. Drug cases are tried in general
courts, which are over-burdened because of thousands of pending cases. 36

4.6.7 Demand Reduction

The government of Bangladesh believes that drug abuse prevention programs will not
succeed unless they consists both of supply and demand reduction programs.
Therefore, the government prefers to conduct various demand reduction activities.
33
Ibid.
34
[www.banglapedia.org/httpdocs/HT/D_0286.HTM. last visited on 04 Janaury 2021].
35
ibid
36
ibid

23
The activities so far practiced in Bangladesh are: (a) prevention, (b) education, (c)
price control and taxation, (d) control and restriction on advertisement of drugs, (e)
treatments and (f) rehabilitation.
A major role in demand reduction activities in Bangladesh may be played by the
ministries of information, education, social-welfare, health, youth and sports, and
local government. The drug control activities carried out through various methods of
demand reduction in Bangladesh are as follows:37

4.6.8 Preventive Measure

DNC and its field offices have programs for public awareness campaigns against drug
abuse throughout the country, including organization of rallies, seminars, and
discussion meetings. DNC headquarter publishes Narcotics Control Bulletins and
Special Drug Control Souvenirs regularly. DNC has made an 18-minute short film on
the consequences of drug abuse. A 60-second TV spot against drug abuse has also
been made. DNC is also considering a program for training of imams of Mosques for
preaching anti-drug messages. DNC publishes posters, stickers, booklets and
brochures on the harmful effects of drug abuse. A series of information booklets on
various drugs have also been published under the Master Plan.38
DNC and UNDCP Project office undertook a massive community action program
for drug abuse prevention throughout the country involving non-government
organizations with financial assistance from UNDCP. DNC field officers conduct
public meetings and seminars on various aspects of drug abuse problems. They show
cinema slides containing drug awareness messages in local cinema halls. The Youth
Development Directorate also takes up these sorts of programs for prevention and
public awareness campaigns. Moreover, they hold discussions and debates
occasionally. NGOs and social organizations occasionally take prevention programs
on drug abuse.

37
[www.Banglapedia.search.com.bd/HT/D_0286.htm, last visited on 05 Janaury 2021]
38
ibid

24
 The Strategic Plan for Drug Demand Reduction in Bangladesh, prepared under the
Master Plan for Drug Abuse Control in Bangladesh by the Department of Narcotics
Control and UNDCP, mentions as many as 19 specific strategies. The Master Plan
suggests restructuring of DNC to better coordinate drug demand reduction activities.
It proposes to establish community coordination committees, develop and disseminate
a core package of prevention materials, organize training for community and religious
leaders and NGOs, establish a trained cadre of counselors to deliver preventive
counseling at appropriate locations, develop adequate youth recreation facilities and
programs, and initiate a wide range of employment training programs. The Plan also
suggests developing motivation/incentives programs for private sector and business
associations, involving law enforcement officials in preventive education in the
community, developing a media policy and making amendments to the advertising
policy through development of the concept of counter-advertising. The Master Plan
gives special emphasis on placement of health warnings on labels/packaging of all
tobacco, tobacco products and medicines, establishment of parents forum and
organization of training of parents, infusion of preventive education into the formal
and non-formal education systems, establishment of a totally drug-free environment
in schools, provision of training for educationists, and development and delivery of
work place drug prevention programs.
The five-year strategic plan lays down specific strategies in the treatment and
rehabilitation. Major strategies outlined in the Master Plan are: completion of a
community-based needs assessment; development of a client monitoring system;
dissemination of inter-agency information; improvement of sources of existing
information on drugs; provision for research; monitoring and evaluation; training of
personnel; coordination of treatment and rehabilitation services; provision of social
integration and aftercare services; and development and delivery of community-based
and target-oriented programs. Other strategies are utilization of existing programs and
networks, development of a treatment and rehabilitation model, introduction of

25
appropriate harm reduction models, delivery of work place and outreach programs,
and emphasis on HIV/AIDS.39

4.6.9 Education
The government introduced drug education in regular school curricula. DNC
prevention teams of Regional Narcotics Control offices visit educational institutions
regularly and provide classroom lectures on the harmful effects of drug abuse. It can
be said that peer network, and school and family environment are important
determinants of adolescent behaviour related to substances/drug abuse and demand
the attention of program designers for preventive health education and behaviour
modification intervention. Balanced fulfil-ling of the adolescents’ knowledge gap,
keeping family in the focus, ‘tobacco-free school’ initiative, strategies to include
working adolescents from the poorer section of the society, innovative use of mass
media and mainstreaming the problem in textbooks, participatory involvement of
adolescents as peer educators, etc. may be some effective components of such an
intervention.40

4.6.10 Price Control and Taxation

Almost all narcotic drugs and psychotropic substances except a very few for
medicinal purposes are restricted in Bangladesh. A taxation system to control and
minimize the use of drugs in the country is only applicable on alcohol. A very high
rate of duty is imposed on any kinds of alcohol and spirit to keep those beyond the
reach of ordinary people. The government controls the import of raw materials and
precursor chemicals used in the manufacture of any narcotic drugs and psychotropic
substances.41
4.6.11 Control and Restriction on Advertising for Drugs

39
[www.Banglapedia.search.com.bd/HT/D_0286.htm, last visited on 08 Janaury 2021]
40
ibid
41
ibid

26
The government does not allow any advertisement for drugs in radio and television,
though this restriction is not applicable to tobacco products.42

4.6.12 Treatment and Detoxification

The Narcotics Control Act 1990 provides provisions for treatment of drug addicts and
establishment of drug treatment canters by the government. The expenditure of drug
addiction treatment is generally borne by the government. This law also provides
provisions for declaring jail hospitals as drug treatment canters. Since 1990, DNC has
its own drug treatment centre at Tejgaon in Dhaka. Three other drug treatment canters
have been established in Khulna, Rajshahi and Chittagong. There are also a number of
private clinics and hospitals to treat drug addicts. The law made it obligatory for
physicians and family heads to supply information on drug addiction to law
enforcement agencies.43

4.7 Comparison with Narcotics Controls Act 2018 and the Old Law
The Narcotics Control Bill 2018 has been passed in parliament with a provision of
death sentence or life-term imprisonment as punishment for producing, trading, and
using 200 grams or more of yaba, or more than 25 grams of heroin and cocaine.
Home Minister Asaduzzaman Khan Kamal tabled the bill and it was passed by
voice vote on Saturday, reports UNB, According to the bill, the punishment for
transporting, trading, storing, producing, processing, applying and using 200 grams of
yaba or its principal ingredient amphetamine, would be the death penalty or life-term
imprisonment. In case of less than 200 grams of yaba, the punishment would be a
minimum of one year in jail and a maximum of five years in prison alongside a
fine.Yaba and amphetamines were included in the list of Category A narcotics in the
proposed law, even though it is not in the existing Narcotics Control Act of 1990.44
The stern punishments were proposed in the new law as yaba has spread across
Bangladesh on a massive scale in recent times, government officials said earlier.The
42
ibid
43
ibid
44
The Narcotics Control Act, 2018.

27
punishment for transporting, trading, storing, producing, processing, applying and
using more than 25 grams of narcotics originating from heroin, cocaine, and coca,
would be the death penalty or life-term imprisonment, while for less than 25 grams
Category A narcotics the punishment would be a minimum of two years in prison, and
a maximum of 10 years in jail. 
According to the bill, the maximum punishment for any individual or organization
financing or patronizing drug dealing would be the death penalty too.If any individual
or organization finances, instigates or patronizes such crimes, they would face similar
punishment as per the law. In addition, yaba, shisha, khat, and dope tests were also
incorporated in the draft bill as the existing Narcotics Control Act does not address
drug testing.The provision of fines was also kept for all the offences.The existing act
was creating serious legal complications as it had no provision to bring drug traders,
patrons, and drug lords, into the legal net.
Officials at the Department of Narcotics Control (DNC) and other law
enforcement agencies earlier said there were some loopholes in the existing law, and
drug dealers were using them to easily secure bail soon after arrest, and getting away.
On October 8, the Cabinet approved the bill in principle. Later, it was placed in
parliament and sent to the concerned parliamentary standing committee on October 22
for further vetting.45
The new draft of the 28-year-old law has been adjusted in line with other
international anti-narcotics laws. In May this year, the government launched a
nationwide anti-narcotic drive that saw arrests of thousands of suspected drug barons
and dealers, and deaths of hundreds in alleged gunfights between criminals and law
enforcement officials during raids.One could be sentenced to death for carrying,
trading, storing or processing yaba weighing over five grams, according to a draft law
approved in principle by the cabinet. Death or life imprisonment could be meted out if
any institution or individual supplies, patronises or invests or colludes in drug crimes,
according to the proposals approved yesterday.

45
 [<https://dnc.gov.bd.> accessed on 10 Janaury 2021].

28
 If a person carries, trades, stores, or processes yaba weighing less than five grams,
he or she could be sentenced to five years in jail and fined, said the draft law placed at
the cabinet meeting chaired by Prime Minister Sheikh Hasina at the Prime Minister's
Office.
About 50 of the methamphetamine pills weigh five grams, according to officials of
the Department of Narcotics Control.Briefing reporters after the meeting, Cabinet
Secretary ShafiulAlam said the Narcotics Control Act was formulated in 1990 and it
was being updated after 28 years in line with UN conventions on drug trafficking and
narcotics control, of which Bangladesh is a signatory.46
Shafiul said there was no mention of yaba or shisha in Narcotics Control Act and
those have been included in the draft. The draft law also introduces a provision for
“dope tests” of suspects, the cabinet secretary said. If anybody is found positive in a
“dope test” for banned substances, the person could face five to 15 years in jail.
There is also a provision that allows law enforcers to arrest everyone involved
from the production to the final destination of drugs for conducting their
investigation.
All narcotic substances in the world has been included in the proposed law, he
claimed, adding that the government could include more in future with gazette
notifications.
The cabinet secretary said those who carry, trade, store, produce or process narcotics
would be considered the offenders.

4.8 Loopholes of Narcotics Control Act 2018

The newly amended law in the Narcotics Control Act 2018 imposes the death penalty
or life term imprisonment on drug traders, restricting their release from punishment
for such crimes. Home Minister Asaduzzaman Khan said drug traders used to get
released from jail taking advantage of loopholes in the previous law. The amended
law contains no such loopholes. He said this at a workshop on the review of different
aspects for enforcing the amended Narcotics Control Act 2018, at the Department of

46
Shamsul Islam, “The Daily Star”, The Narcotics Control Act 2018.

29
Narcotics Control (DNC) in Segunbagicha of Dhaka on Thursday, reports UNB.
"We've already achieved enough success in preventing militancy and terrorism. We'll
surely succeed in controlling drugs, Inshallah," the home minister said. On October
27, the Narcotics Control Bill was passed in Parliament with a provision of either
death sentence or life-term imprisonment as punishment for producing, trading, and
using 200 grams or more of yaba, or more than 25 grams of heroin and cocaine.
According to the new law, the punishment for transporting, trading, storing,
producing, processing, applying, and using 200 grams of yaba, or its principal
ingredient amphetamine, is death penalty or life-term imprisonment. Yaba and
amphetamines were included in the list of Category A narcotics in the new law, even
though they are not there in the existing Narcotics Control Act of 1990. The new law
will come into effect on December 27. The home minister said they formulated the
new law bringing necessary amendments to the Narcotics Control Act 1990. All
departments concerned, including law enforcement agencies and the DNC, can work
jointly from December 27 as per the new law. Describing young people as the
country's assets, he said drugs stand in the way of millions of young educated youths
to change the country. "This youth society loses their ability to work, service attitude,
and creativity, due to drug addiction and they become a burden for the nation in the
process." He said godfathers of yaba peddling will be punished under the Money
Laundering Act while the DNC can take action under the new law, in case any new
drug emerges. Security Services Division Secretary under the Home Ministry, Farid
Uddin Ahmed Chowdhury, and DNC Director General, Md Jamal Uddin Ahmed, also
addressed the program.47

4.9 Loopholes of Narcotics Control Act 1990

47
[https://www.dhakatribune.com/bangladesh/2018/12/21/revised-narcotics-control-law-gets-tough-
with-drug-traders, last visited date on 08 Janaury 2021].

30
The Narcotics Control Act of 1990 needs preventive strategy to control over a
considerable area of both supply and demand reduction of drugs. The major supply
reduction activities in Bangladesh may be prevented by Licensing, Monitoring and
Inspection, Intelligence and Enforcement, Crop Eradication and Destruction of Drugs,
Investigation, and Prosecution and Sanctions. Licensing should be used in Bangladesh
to control the production, processing, export, import, transport, distribution or sale,
use or consumption of alcohol, spirit, alcohol-containing products, and certain
narcotic drugs used for medical purposes. It should be more strict to control and limit
drug-supply facilities. Monitoring and inspection of the supply system of drugs need
to be more regular and transparent without any corruption. Intelligence and
enforcement agency should be more concern directly engaged in the pipeline of drug
supply through its intelligence and enforcement activities. There should have system
of Crop eradication, crop substitution and destruction of drugs Because Bangladesh
produces no narcotics drugs, it has no crop eradication or crop substitution
programmes. However, it seizes and destroys the small amount of cannabis plants
cultivated illegally in remote rural areas.
Prosecution and sanction need to be carried out prosecution of drug cases in
courts. There should have a special court to deal with drug and drug related offences
for speedy disposal. Demand reduction is another aspect of preventive strategy. The
drug abuse prevention programmes will not succeed unless they consists both of
supply and demand reduction programmes. Therefore, the government needs to
conduct various demand reduction activities. A major role in demand reduction
activities in Bangladesh may be played by the ministries of information, education,
social-welfare, health, youth and sports, and local government. The drug control
activities carried out through various methods of demand reduction in Bangladesh
may be by- programmes for public awareness campaigns against drug abuse
throughout the country, including organization of rallies, seminars, and discussion
meetings. The government may introduce drug education in regular school curricula.

31
Control and restriction on advertising for drugs may be effective means to prevent
wide spread of drug.48

48
  Drug traffickers linked to Myanmar, India". The Daily Star. 4 March 2017. Retrieved 20
April 2017.

32
 Chapter 5
PROGRAM TO PREVENT ALCOHOLISM AND DRUG ABUSE

5.1 Drug and Alcohol Abuse Prevention Program

The abuse of narcotics drugs has increased manifold in Bangladesh including its
production and involvement of terrorists groups with this trade. Due to the location of
Bangladesh in between the golden triangle and golden crescent, trafficking of illicit
drugs and psychotropic substances getting increased by taking the advantage of weak
law enforcing agencies or their indirect collaboration with the trade. Besides, heroin,
cocaine and dangerous precursors and chemicals are also getting routes of trafficking
through Bangladesh territory, produced in Afghanistan or Pakistan and even products
of South and Central America are getting routes in Bangladesh. Such transnational
crime is conducted by organised crime groups and getting stronger gradually. This is
the reason for which the United Nations Office on Drugs and Crime (UNODC) has
emphasised for a political declaration and plan of actions on international cooperation
towards an integrated and balanced strategy to counter such serious drug problems.
According to UNODC, about 200 Million people are using illicit drugs such as
cocaine, cannabis, hallucinogens, opiates and seductive hypnotics. Considering all
these threats and possible public health disasters, on December 7, 1987, the United
Nations General Assembly Special Session decided to observe June 26 every year as
the ‘International Day against Drug Abuse and Illicit Trafficking’. Since 1988, it is
observed everywhere including Bangladesh especially after the establishment of
Narcotics Control Department in Bangladesh on January 2, 1990 to raise awareness
against drug abuse and about dangers of illicit drug.
There should be massive motivational campaign about bad effects of drug abuse.
All guardians and parents, teachers and nearest relatives must keep constant vigilance
so that a youth cannot be derailed with the influence of bad companions.

33
 Preventive education, treatment and rehabilitation are priority issues to make a
country drug abuse free. These are reasons for which government is firm to create a
strong public opinion against the drug abuse and reconstituted the National Narcotics
Control Board with this vision. There should be some changes in the rules governing
the drug use, production and distribution. The following quick actions are also
suggested.
 Recreational facilities and diversion programmes to be encouraged that
prevent vulnerable populations from becoming substance dependents.
 Development and implementation of multi-disciplinary and multi-modal
protocols and practices for integrated diagnosis and treatment of substance
dependence and co-occurring disorders and for funding such diagnosis and
treatment.

  Harmonisation and enforcement of laws and policies to facilitate effective

governance of the alcohol and drug supply chain.

 Avoid torture to addicts which is unacceptable. Torture is also a crime and

makes a person vindictive.49

49
https://www.thedailystar.net/health/health-alert/control-drug-abuse-must-1515874, last visited date
on 10 Janaury 2021].

34
 Chapter 6
CONCLUSION

The drug scenario in Bangladesh nonetheless, has changed with time with marijuana
and alcohol in place and drugs like heroin, phensedyl and then yaba replacing opium.
This conjuncture has spread from cities to villages, from high societies to middle/low
classes. At the moment, there are more than 7 million people in Bangladesh engaged
in illegal drug abuse with most of them being between the ages 18-30.
However, public and non-public governance are concerned about the magnitude
of drug addiction and the devastating consequences of this crisis and have been
institutionally responding to the problem. In line with international obligation,
Government of Bangladesh promulgated the Narcotics Control Act 1990. A recently
adopted Narcotics Control Act 2018 has repealed the old laws and has imposed
rigorous imprisonment upon the drug abuser, manufacturer, seller, transporter.
Additionally, the government of Bangladesh has also inclined towards executing
stringent provisions of penal sanction such as death penalty and deadly anti-drug
operation by security forces.
It has been witnessed that through implementing strict law and through extrajudicial
killings of drug abusers, Bangladesh has not achieved apical success in drug demand
reduction. Though the new law seeks to punish any individual or organisation
financing or patronising drug dealing with death penalty, apart from the legal
initiatives, still there are many issues untouched by the government which should be
included within the master plan of prevention of substance abuse in Bangladesh.

35
6.2 Recommendations
6.2.1 Adopting a Holistic Approach
The consumption of illegal drugs, and the associated prevention strategy, should not
be considered in isolation of larger social issues, since it is intricately linked to other
social problems. For an example, a noteworthy extent of the young populace in
Bangladesh is influenced by chronic drug use, likewise being engaged with any gang
culture is known to incredibly expand the likelihood of drug addiction. Therefore, a
uniform approach needs to be taken by combining different strategies which would
focus on demand, supply and harm reduction factors. On the demand side of the
framework, substance abuse is addressed through poverty reduction strategies,
initiating education and communication, fostering socio-economic security and
development and advancing anti-substance abuse social programmes and
participation. On the supply side, the key areas are concerned with controlling
manufacturing, sale, marketing and distribution of harmful substances. It includes law
enforcement and punishment against harmful substance abuses and supplies. Harm
reduction is about providing treatment, care and reintegration of abusers or
dependents on illegal drugs. It has to be noted that the issue of substance abuse in
many countries has been considered as public health issue which is more likely to
contribute to prevent drugs abuse. The new law of 2018 in Bangladesh gives
discretion to the courts dealing with drugs offence to offer rehabilitation to a person
addicted to drug (if the court is satisfied that he has not been involved with any other
offence related with drugs); however, in practice, this provision is not implemented
properly.

6.2.2 Identifying the High Profile Drug Traders and Keeping them under
Surveillance
It has been evident that most of the persons arrested and killed throughout war against
drugs are low profile suppliers and influential drug mafias have remained unscathed.
The groups involved transcend borders with godfathers having their networks even in
neighbouring countries and it is estimated that they make a net profit of more than TK

36
10 million in a week. Many media reports project that political leaders, officials of the
drugs control directorate, members of the law enforcement, professional criminals and
others are involved in this racket. The ruling government as well must be very
proactive to cleanse individuals of their own party to get a hold of the yaba dealers as
it has been witnessed that the 2014 list prepared by the Department of Narcotic
Control includes the names of 87 leaders of the ruling party and its front organizations
who back the yaba traders in Dhaka. Without prosecuting the yaba high-up traders
and dealers, it would not be possible to prevent substance abuse in Bangladesh.
Executing evidenced-based prevention programs: school, family and community
involvement. In Bangladesh different awareness programs are often organised by the
Department of Narcotics Control through electronic and print media; however there
has been very limited initiative taken in school, family and community settings. In
pursuit of safeguarding drug abuse prevention strategy, the programs implemented in
the strategy must be evidence-based, preferably inspired by works which have taken
place in similar socio-cultural settings to find closer rates of success. The prevention
programmes of drug use must include four types of approaches in a broad sense:
awareness-raising campaigns, interventions in schools, programs with families, and
community-based interventions. There should be a master plan focusing on different
types of interventions in institutional settings specially providing information to
potential users about the risks associated with drug use, reinforcing the skills that can
make it possible to resist the social pressure associated with drug use, correcting the
false impression that using drugs is the norm for young people.

6.2.3 Drug Decriminalization

Drug decriminalization is the process for reduced control and penalties compared to
existing drug laws. Proponents of drug decriminalization usually support the use of
fines or other punishments to replace prison terms.This approach often proposes
systems whereby illegal drug users who are caught would be fined, but would not
receive a permanent criminal record as a result. A central feature of drug
decriminalization is the concept of harm reduction. Decriminalization supports a

37
structure that would ensure healthcare and rehabilitation for the addicted if the person
is not guilty of any serious crime.According to the Decriminalization of Drug Use and
Possession in Australia- a briefing note published by the National Drug and Alcohol
Research centre of the University of New South Wales - decriminalization does not
necessarily mean legalization, but rather removes criminal penalties for use or
possession either by law (de jure) or by practice (de facto).

6.3 Conclusion
Bangladesh is not a drug producing country but due to the transit facilities and
neighboring countries adherence to spread out of narcotics, it is increasing the
availability of narcotics throughout the countries. Bangladesh’s zero tolerance
campaign against narcotics has stirred up a lot controversy around the abuse of power
by the police, the RAB, and the government. Social media is buzzing with
condemnation of alleged entrapments and killings of political and business rivals of
the powerful. Writers and critics have also expressed concern over the hypocritical
nature of the campaign, claiming that it is sparing the politically influential and
cracking down on the powerless. While most of these critiques hold merit, they still
miss a very central problem of the war on drugs: Even when it’s done correctly, it
doesn’t work.
The war on drugs model was copied by various Asian countries with similar
results. In the Philippines alone, more than 12,000 people accused of using or dealing
drugs have been killed over the last two years. Thailand has killed 2,800 people since
2003, Singapore had killed 408 people between 1991 and 2000, and Malaysia has
killed 479 people since 1996. However, evidence suggests that these state executions
didn’t deter drug use or crimes anywhere. The prime example of this is Indonesia,
where the number of addicts increased from 3.6 million in 2011 to 5.9 million in 2015
according to the government itself. There is mounting evidence that executions have
failed as an anti-drug strategy and many Asian governments have begun to retreat
from them.But just when countries around the world have realized that the war on
drugs is an ineffective policy, why did the Bangladesh government decide to pick it

38
up.It is hard for me to believe that the government doesn’t have anyone in its erudite
advisory group. What I presume is that the party has still decided to go forward with
this plan because of the short-term political benefits rather than long time social
benefits.
If we take a deeper look at the news reports of the deaths by crossfire, especially
at the deaths that are represented by numbers and not names, a prominent trend
emerges. Slums, borderlands, refugee camps, and remote villages pop up again and
again as the spots of these shootouts and the victims seem to belong to the same social
strata of our society: The lowest one. Most of them don’t get access to any health
care, education, or infrastructure. Many are environmental migrants who have lost
everything to river erosion, many have been victims of ethnic cleansing who have had
to forsake their homeland, many are doubly stateless who have been denied structures
of citizenship by both Bangladesh and Pakistan. Many of them are legally barred from
entering honest trades in the country and most of them are structurally barred from a
life of solvency.To most of them, the only way to break out of their poverty is to
operate outside of the law. Therefore, killing a bunch of them would not necessarily
stop the others from joining the trade, because there is an endless supply of
structurally deprived humans in Bangladesh who are ready to meet the needs of those
who are dependent on drugs. So long as drugs are demanded and the state fails to
exist for the stateless, the supply of desperate drug traffickers would never deplete. I
say this not to mean that the crimes these people commit should go unpunished. I say
this with the hope that those in our country who believe that these drug dealers don’t
deserve to be treated humanely would see the human story of those who live in
inhumane conditions and understand how they resort to illegal activities to get access
to basic amenities, like clean running water, three hot meals a day, and a house that
wouldn’t flood during the monsoon, that most of us take for granted. These people
deserve their day in court and the court should decide whether or not some exceptions
to the law may be applied based on the circumstances of the criminal. After all, that is
why we have a judicial branch outside of the legislative and executive. Also, skipping
the judiciary and directly implementing the laws through the executive’s strong arm

39
doesn’t simply deny justice for the accused it also erodes the rule of law in the
republic. State executions, even when they are inflicted upon nameless humans who
allegedly operate outside of the law, are ineffective, inhumane, unlawful, and unjust.
Killing the structurally deprived without addressing the unjust structures that force
them into crime would not win us the war on drugs it would only cleanse the market
of the few slumlords who had risen to solvency through the trade of drugs and hand
an oligopoly market to the politically influential. If the government is really willing to
solve the drug crisis, it has to invest in infrastructure, education, and public health so
that those who are addicted can be cured, and those who are involved can switch to
better trades. These measures may not be as flashy as the death counts for the
purposes of election manifestos, but they are the only way to eventually improve the
conditions of our drug epidemic.
However, this is a hope for us that till now any government does not take any
initiative to control the narcotics use throughout the country. For the announcement of
war against narcotics will be more or less effective as we are the nation who are not
obeying the rules without punitive action.

40
 REFERENCES
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8. [www.banglapedia.org/httpdocs/HT/D_0286.HTM]
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