Should We Punish Drug Abusers?: Reconsideration of Laws and National Polices of Sri Lanka

Abstract

Elimination of illegal drug usage has been placed as one of the important objectives in the criminal justice system of Sri Lanka. In order to outmatch this challenge, Sri Lanka has enacted and adopted various laws and policies such as Penal Code, National Authority on Tobacco and Alcohol Act, Poisons, Opium and Dangerous Drugs Ordinance, Drug Dependant Persons (Treatment and Rehabilitation) Act etc in addition to the Sri Lankan National Policy for the prevention and control of Drug Abuse. But the risk is holding true. Incarceration and recidivism rates of the drug offenders are still high. Therefore the researcher strives to make ultimate goal to overcome the issue by overturning the problem towards new dimension. Main objective of this study is to explore the issues relating to rehabilitating drug offenders, especially drug abusers and to find out a professional solution to rehabilitate and make them part of National development. They were recognized as patients or vulnerable and aggrieved group among other offenders, both in legal and sociological aspects. This research paper focuses on justifiability and fairness of punishing drug abusers while having more appropriate solutions. Paper expects to compare expenses of prisoners and rehabilitation costs. Tax payers should not be paying such high costs for drug abusers to be incarcerated when rehabilitation costs are significantly cheaper. Researcher adopts legal research methodology and it is based on a library research. The researcher adopts quantitative research method where it is appropriate to establish research objectives. Field research includes interviews and discussions with Magistrates, Prison officers and Officers in charge of correctional authorities and collecting data relating to this area. However, it is important to note that obtaining statistics relating to rehabilitation of offenders through either incarceration, community based correction or by referring to treatments was one of main difficulties that the author had to face in the completion of this study.