Abstract: Enacted in 1985 to combat drug abuse and illegal drug trafficking, the Narcotic Drugs and Psychotropic Substances Act (NDPS) in India completes its 40-year trajectory. Conceived as a deterrent for drug offenses by introducing stringent penalties, the NDPS Act as the primary drug legislation, has over four decades, evolved through amendments to address the changing dynamics of substance abuse and trafficking networks. It continues to be a critical tool in India’s fight against narcotics and the foundation of India’s anti-drug policy. A critical examination however reveals persistent challenges and lessons from global counterparts reveal the inadequacy of its heavy reliance on punitive measures. Nevertheless. there is a growing recognition of the need to shift to a public health approach which is reflected in the government’s initiatives as the National Drug De-Addiction Program (NDDAP) which aims to provide accessible and affordable treatment services for drug dependence. Additionally, there have been calls to reform the NDPS Act to decriminalise drug consumption and prioritize rehabilitation over retribution. Reform of the NDPS Act is overdue. A paradigm shift could enhance the effectiveness of India’s drug policy yet it is essential to consider the unique challenges and opportunities in the Indian context.

This analysis attempts a comprehensive critique of the NDPS Act’s effectiveness and compares it with examples of progressive, health centred approaches enacted in Portugal, Switzerland and others. It will particularly examine the role of institutional reforms as an essential component/strategy of considering and implementation of a nuanced and adapted approach.

Keywords: NDPS Act, drug legislation, stringent penalties, public health, institutional reforms.