A debate on whether drug courts be opened in India: Considerations and pragmatic suggestions

Abstract

Drug courts are specialized programs from the courts that aim to offer a chance to individuals with substance-related problems encountering law enforcement to take treatment rather than face incarceration. The aim of this debate is to critically debate the utility, applicability, and feasibility of drug courts in India. This is a theoretical debate based on the existing evidence and considerations of ground realities in the country. There is enough evidence that drug courts are effective in decreasing substance use and decreasing rearrests. These courts have been demonstrated to be cost-effective, and they seemingly decrease the burden on traditional courts. However, it can also potentially lead to discrimination of marginalized groups while at the same time can be seen to be punitive and coercive. Legal provisions exist that may facilitate the development of such programs. Nonetheless, there is a scrupulous consideration of the pros and cons of drug courts and their operational considerations in the local context.

Keywords

• criminal justice system
• drug dependence
• incarceration
• policy
• substance use disorder