Court admits plea for scientific and human rights standards for drug dependence treatment

[Guest guest]

Court admits plea for scientific and human

rights standards for drug dependence treatment

22nd April 2009, Chandigarh:

SHARAN, an NGO working with people who use drugs, approached the Punjab and Haryana High Court for protection of rights of

persons dependent on drugs. Intervening in Talwinder

Pal Singh v. State of Punjab,

Crl. Misc. No. M- 26374 of 2008, SHARAN, sought

the observance of clinical and human rights standards in the delivery of drug

dependence treatment. Admitting SHARAN as a party to the proceedings, a single

bench of Justice Rajiv Bhalla issued notices to the Ministries of Health and

Family Welfare and Social Justice and Empowerment – the two agencies in

charge of drug related treatment.

Facts leading up to the case date

back to August 2008, when the District Magistrate, Mohali, Chandigarh directed

centres providing treatment for drug dependence to ensure adequate

accommodation, food, sanitation and medical care, documentation and record

keeping and allow family visits. The said order was passed in response to a

report of a death of a drug user due to alleged beating at a

“de-addiction centre” near Mohali. At that time, SHARAN and Lawyers

Collective HIV/AIDS Unit had written to the Ministries of Health and Social

Justice to clean up drug dependence treatment facilities (/message/9443)

In October 2008, the petitioners,

who claim to provide counseling and rehabilitation to “drug

addicts”, objected to the magisterial order, which, they alleged, was

causing harassment. Expressing concern over drug addiction and the neglect of

treatment services, Justice Bhalla sought replies from officials from the

states of Punjab, Haryana and the Union

Territory of Chandigarh.

In its application, SHARAN highlights incidents of drug

users being held against their will and tortured in the name of treatment. It

complains of the Government’s failure to uphold its constitutional and

statutory responsibility to provide safe and evidence based treatment to drug

dependent persons.

Appearing on behalf of SHARAN, Advocate Anand Grover drew

the Court’s attention to “treatment obligations” under the

Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant pointed out that the

government had not framed statutory rules for establishment, maintenance and

superintendence of treatment centres. The only guidance available is the Scheme

for Prevention of Alcoholism and Substance (Drug) Abuse and Manual on Minimum

Standards of Care in Addiction Treatment Centres, which are deficient and lack

legal force. The applicant also

alluded to denial of medicines including for relief from withdrawal despite the

legal obligation to supply drugs at treatment facilities. Such practices, Grover

argued, contravene the right to life and health of people who use drugs.

SHARAN has sought the Court to instruct the government to

enact and implement rules for setting up, management and monitoring of

treatment facilities in accordance with:

Evidence-based good practice

and accumulated scientific knowledge

Fundamental

rights and freedoms including dignity, autonomy and bodily integrity

Consultation with community and

civil society

SHARAN has also sought provision of pharmacotherapy

including Methadone and Buprenorphine substitution for opiod dependence. The

next date of hearing is 1st May 2009.

Tripti Tandon

Lawyers Collective HIV/AIDS Unit

www.lawyerscollective.org