38.6c New Delhi, India, Friday, August 01, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Plea Filed In Delhi High Court To Decriminalize Cannabis In India

By LawStreet News Network      19 July, 2019 12:00 AM      0 Comments
Plea Filed In Delhi High Court To Decriminalize Cannabis In India

A petition has been filed before the Delhi High Court seeking the decriminalization of the use of cannabis in India.

The petition filed by Great Legislation India Movement Trust has challenged the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Narcotic Drugs and Psychotropic Substances Rules, 1985, which prohibits and criminalize the use of cannabis or industrial hemp and prescribe restrictions on activities related to it.

In its petition filed through Advocates Avinash K. Sharma and Ashutosh Nagar, the petitioner has clarified that it is not seeking to completely de-regulate the use of the drug. However, any regulation should be consistent with the requirement of "reasonable restriction".

The petitioners contention is that treatment of cannabis at par with harmful and lethal chemicals is arbitrary, unscientific and unreasonable.

Relying on various scientific research papers and reports, the petitioner has highlighted the medicinal properties of cannabis.

It is submitted, ...medicinal use of Cannabis can help to reduce the acute health crisis, which the country is currently facing.. (It) is useful in prevention of Cancer and brings relief to the patients who are affected with HIV. The level of relief, which this plant can bring, would become evident from the fact that on an average eight lakh people die from cancer every year. Further, about 82,000 cases of HIV infection are reported every year.

It is also claimed that cannabis is an effective analgesic and helps with chronic pain, improving the motor disability scores of persons suffering from Parkinson disease etc.

The petitioner also elaborated upon the industrial uses of cannabis. It states, "Industrial hemp (Cannabis) is an agricultural commodity that is cultivated for use in the production of a wide range of products, including fiberboards and furniture, foods and beverages, cosmetics and personal care products, nutritional supplements, fabrics and textiles, yarns and spun fibers, paper, construction and insulation materials, bio-plastics, bio-fuels, graphene technology and other manufactured goods. Had there been no prohibition on the cultivation of industrial cannabis the farmers can immensely benefit from the cultivation of Cannabis."

The petitioner thus asserts that the Narcotic Drugs and Psychotropic Substances Act, 1985, was passed without taking into consideration the positive aspects of the herb and the history of its usage in India.

The issues addressed by the members of Parliament were predominantly restricted to the problem of illicit drug trafficking and drug addiction among the youth, the plea argues.

It is also asserted that the international instruments, existing before and after the Act of 1985, did not prescribe criminalization of the use of cannabis.

It is also remarked that it is "unfathomable" that the government is running bhang shops in the country while cannabis is banned considering the fact that the content of both is the same.

Based on the above grounds, the petitioner pleads that various Sections of the NDPS Act are in violation of Articles 14, 19, 21, 25 and 29 of the Constitution of India.

The matter will be taken up on July 29, 2019.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-directs-telangana-speaker-to-decide-disqualification-petitions
Trending Judiciary
SC directs Telangana Speaker to decide disqualification petitions against 10 rebel BRS MLAs within 3 months [Read Order]

SC orders Telangana Speaker to decide disqualification pleas against 10 rebel BRS MLAs within 3 months, stressing swift action on political defections.

31 July, 2025 04:58 PM
sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM

TOP STORIES

delhi-govt-files-plea-in-sc-to-recall-2018-ban-on-older-vehicles
Trending Judiciary
Delhi govt files plea in SC to recall 2018 ban on older vehicles

Delhi govt moves SC to recall 2018 ban on 10-yr-old diesel, 15-yr-old petrol vehicles, citing lack of data and need for emission-based policy.

26 July, 2025 05:17 PM
sc-issues-guidelines-to-be-implemented-as-law-to-prevent-students-suicides
Trending Judiciary
SC issues guidelines to be implemented as law to prevent students suicides [Read Judgment]

SC issues 15-point guidelines to prevent student suicides; directs states to notify rules for coaching centres, mental health support, and monitoring.

26 July, 2025 05:30 PM
sc-lawyers-body-urges-cji-to-prohibit-advocates-creating-video-reels-in-premises-sharing-of-court-proceedings-clips
Trending Legal Insiders
SC lawyers body urges CJI to prohibit advocates creating video reels in premises; sharing of court proceedings clips [Read Letter]

SC lawyers urge CJI to ban video reels, photos & court clip sharing; say such acts breach Bar rules, risk security & distort judicial proceedings.

26 July, 2025 05:44 PM
delay-in-assent-to-bills-sc-allows-kerala-to-withdraw-pleas-against-state-guv
Trending Judiciary
Delay in assent to bills: SC allows Kerala to withdraw pleas against state Govt

SC allows Kerala govt to withdraw pleas against Governor over delay in bill assent, citing Tamil Nadu verdict; Centre opposed plea withdrawal.

26 July, 2025 05:52 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email