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The Tripura High Court has recently directed the State Government to set up a de-addiction center attached to the AGMC & GBP Hospital, Agartala to deal with substance abuse of all kinds and to provide aid and assistance to addicts across State. 

The bench of Justice Indrajit Mahanty and Justice S. Talapatra was dealing with a Public Interest Litigation (PIL) pertaining to HIV-positive prison inmates in various jails of the States where it has come to light that a larger segment of them are intra-venous drug users (IDUs).

Apart from issuing an array of directions to the State Government to deal with the issue of rehabilitation of these prison inmates post-release, the bench also called upon society to play its part in the cause. The Court said, 

"This Court also appeals to various NGOs and civil society at large to understand that it is not only the State which has the responsibility for the rehabilitation of addicts but also the society at large."

Earlier, the court had asked for the details of HIV-positive prison inmates across the State. In response, the State had filed it's reply and as per its affidavit, as of November 8 total number of HIV-positive stood at 18 across Tripura jails.

In the affidavit, State had also claimed that all necessary steps were being taken by the Government authorities for the treatment of all such HIV patients in the respective jail premises. Court took this statement on record. 

Importantly, there was one more report filed by amicus curiae in the case which raised concern towards the fact that in all likelihood without any rehabilitation these IDUs would discontinue their Anti Retroviral Therapy (ART) medications and return back to their life of addiction.

Taking note of this amicus's this apprehension, the court had made an inquiry about the existence of any de-addiction center in the State of Tripura and had received a negative response. 

Consequently, court directed the State to set up a de-addiction center. Court stated,

"The fact that this Court comes across various cases under the Narcotics Act itself is indicative of the reality that number of persons within the State of Tripura are also consumers of such narcotics. Consequently, we are justifying the need for setting up of a de-addiction centre."

Stressing on part of the State's reponsibilty to ensure rehabilitation of people who have overcome their addiction, the court said,

"(It is for the State to) ensure that such persons have hope of being accepted within society, properly given reasonable opportunity of earning livelihood and hopefully encouraging them not to revert back to their earlier addictive state."

In this regard, court also suggest to the State that the HIV patients especially those who have turned HIV positive due to addiction and are in custody in various jails should be encouraged to come and speak of their own experiences before young audiences in particular high schools and colleges.

Court said, "We are of the considered view that the experiences of life of such addicts may assist future generations from understanding the pitfalls and dangers of substance abuse and would have a coming impact on the youth of the State."

Therefore, court further directed that if such persons are willing, the State should undertake steps, in particular, the Department of Education as well to organize seminars, talks where such persons can go and address the youth. 

Court also stated that the State may consider rehabilitating these persons in such de-addiction centers and in any other place that the State may think appropriate where their services would be put to best use depending on their educational background.

Furthermore, upon Advocate General's suggestion, court also made a request to the State that if necessary, the State can take services of a certain very successful NGO in Meghalaya to prepare a plan for setting up of a de-addiction center and for also making suggestions of creating avenues for the livelihood of such rehabilitated drug addicts.

Case No. : WP(C)(PIL) No.21 of 2021