Why isn’t drug testing mandatory for election candidates? High Court wants answers

The High Court has issued a rule asking why drug tests should not be made mandatory for prospective candidates in national and local government elections.

It also wants to know why laws, rules and guidelines should not be amended to disqualify anyone who tests positive or refuses to undergo a drug test.

The bench of Justice Bhishmadev Chakrabortty and Justice Sk Tahsin Ali issued the order on Monday after an initial hearing on a petition.

The cabinet secretary, law secretary, home secretary, local government secretary, chief election commissioner, secretary of the Election Commission Secretariat and director general of the Department of Narcotics Control have been asked to respond.

Supreme Court lawyer Ishrat Jahan Ony sent a legal notice to the respondents on Aug 16. After receiving no response, she filed the public-interest petition challenging their inaction.

The petition also sought an order suspending all upcoming elections until necessary laws, rules and guidelines are introduced or amended to make drug testing mandatory.

Ony told bdnews24.com, “The court has only issued a rule.”

She said the petition seeks to add provisions to election laws requiring candidates for national and local elections to obtain drug-test clearance certificates from recognised medical facilities and laboratories.

“My main thing is that drug tests should be mandatory for candidates who want to contest in local and national elections. There should be a clause,” she said.

Arguing that elected representatives must be mentally sound, Ony said: “I am a taxpayer... A sound-minded person should represent us.”

She said drug use had reached “epidemic” proportions and that taxpayers deserved representatives who were mentally fit.

The petition cited Article 21(1) of the Constitution, saying making drug tests mandatory for government employees and drivers while excluding lawmakers and elected representatives amounted to a clear violation of the provision.

“Representatives need to be physically and mentally fit to serve the country and its people. A drug-dependent person cannot meet the standards of morality and competence required for public representation,” it said.

Ony said existing laws already provide for punishment if an elected representative becomes involved in drug use after taking office.

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