Manipur, July 22: A Public Interest Litigation has been filed on July 22, 2024 before the Supreme Court of India (Filing No.32252/ 2024), raising various concerns on expansion of the infamous Golden Triangle to North East India (specially Manipur) and the Golden Crescent to Northern States.
The Public Interest Litigation has been filed by Wahengbam Bhubon, Arapti Mayai Leikai, Imphal East through Ngangom Junior Luwang, Advocate and Momota Devi Oinam, Advocate on Record, Supreme Court of India.
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The Public Interest Litigation has raised a number of issues pertaining to India’s legal framework grey areas, administrative deficiencies in effectively dealing with illicit cultivation & trading of Narcotic Drugs & Psychotropic Substances and execution of Alternative Development Programmes for illegal poppy cultivators etc. Mention may be made here that though “Alternative Development Programme” was conceptualised under India’s National Policy on Narcotic Drugs & Psychotropic Substances, 2012 to provide alternative livelihood to poppy cultivators, such a policy has not been effectively implemented in India.
The Public Interest Litigation has sought clarity on accountability of Khulakpas & Ching Ningthous for illicit poppy cultivation in Unclassed Forests under Sections 25 and 46 of the NDPS Act, 1985, legal liability of the Govt. and concerned Forest Department officials for illicit poppy plantation in Reserved & Protected Forests (with prayer for due investigation), scope of implementation of the Alternative Development Programmes under the National Policy on Narcotic Drugs & Psychotropic Substances, 2012, reported illegal pilferage of such substances from licensed poppy cultivation regions in Rajasthan, U.P & M.P. and pharmaceutical companies to the open market, steps for tackling illegal trading of such substances through the dark web, fool-proof border fencing, steps to lower low conviction rates in Narcotic Drugs & Psychotropic Substances related offences etc.
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The Public Interest Litigation has been filed based on India’s multiple commitments to International Conventions, replies by Central Govt. Ministers on the floor of the Parliament on various occasions, research findings, various UN Committee reports, international and national media reports, RTI Application reply etc.
Various reports have suggested a relatively high rate of poppy cultivation, processing and trading in North East India (qua its population size) with many clandestine poppy plantation manufacturing units being located. More specifically, there has been cross-border trading of such substances (inbound & outbound) and the Public Interest Litigation in this regard has sought appropriate judicial guidelines for effective steps to stop such disturbing trends.
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It is important to point out that since the Manipur Land Revenue & Land Reforms Act, 1960 does not extend to hill areas, there is no legal clarity on the liability of Khulakpas and Ching Ningthous (with land regulation rights in hill areas under traditional tribal laws) for illegal poppy plantation in their areas of control. Though the Manipur Hill Areas (Acquisition of Chiefs’ Rights) Act was passed way back in 1967, no power given therein has been invoked by the Govt. to take away the land regulation rights of the Tribal Chiefs in Manipur. This is not the position in the rest of the other North Eastern states. Similarly, there have been various reports of illicit poppy plantations in Reserved and Protected Forests in Manipur, but there has been no report of concerned Forest Department officials having been pulled up for such illegal poppy plantation in their areas of control.
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