Introduction
Drug abuse and the use of substances have emerged as one of the most pressing problems we face today, presenting itself both as a social and legal challenge in contemporary India. This alarming increase not only poses a threat to the physical and mental well-being of our society and its individuals but also to the criminal justice system. It is a well-established fact that the use of these substances among adolescents or juveniles has a direct detrimental effect on the criminal behaviour of these individuals. This article is aimed at providing an in-depth legal analysis of the contemporary trends and patterns of drug use and its abuse among juveniles, the role of the justice system, and assessing the current legal framework.
Key Words
Drug and Substance Abuse, Criminal Justice System, Statistics.
Understanding Juvenile Drug Abuse: Statistics and Patterns of Drug Abuse
In the twenty-first century, the issue of drug and substance abuse has emerged as a global issue affecting and impacting every nation of the globe. Drug trafficking, its addiction and the criminal behaviour that comes with it have become widespread issues that we can no longer ignore. The COVID-19 pandemic made the pattern of drug abuse much worse all over the globe. The United Nations Office on Drugs and Crime (UNODC) reported in its 2022 World Drug Report that approximately 284 million individuals (5.6% of the global population) between the ages of 15 and 64 had used drugs in the past year. Drug use contributes to 5% of all substance-related deaths and 9% of disability-adjusted life years (DALYs).
In India, there has been a concerning increase in the use of drugs and substances among the youth. The stress and pressure of modern life have made the youth more vulnerable and susceptible to substance abuse. This substance not only affects the particular individuals, families and communities but also has a great detrimental effect on various aspects of health, including physical, mental, and social, political, and cultural foundations. A survey has shown that the use of tobacco is higher among 6th graders than among 8th graders in India. Another study has reported that 67% of drug users have started drug abuse at the age of nineteen or younger, with 52% starting between sixteen and twenty years old, 21% between eleven and fifteen years old and 4% at the age of ten or younger.
Drug abuse develops through complex interactions among various factors, including social, cultural, cognitive, and attitudinal influences. The quality of patterning, peer pressure, and influences also contribute to the use of drugs and substance abuse. One can say that substance abuse or the usage of drugs is one of the driving factors which lead to the increased crime rates in India committed by juveniles or youth.
Legal Framework for Drug Abuse in India
- History of Drug Laws
During the colonial era, the Opium Act of 1867 and 1878 were aimed at controlling the cultivation and manufacturing of opium. During the 1920s, because of the pressure of growing nationalist movements, many provincial governments enacted laws to control the consumption of opium, and the Dangerous Drugs Act was passed in 1930. The control was primarily done through licensing and penalising unlicensed activities.
- Contemporary Laws Relating to Drug Abuse
Narcotic Drugs and Psychotropic Substances Act of 1985 (NDPS)
This Act is aimed at and enacted to prohibit the production, use and trafficking of narcotic and psychotropic substances. The Act provides for stricter punishments for the offences relating to the use and possession of narcotics and other psychotropic substances. The amendments to this Act not only provide for stricter punishments but also provide scope for rehabilitation and deaddiction, especially for minors.
The Juvenile Justice (Care and Protection of Children) Act of 2015
The Juvenile Justice (Care and Protection of Children) Act is designed for the care, protection, development and rehabilitation of juveniles in conflict with law and children in need of care and protection, as well as the adjudication and disposition of certain matters related to them. This Act provides a uniform legal framework of justice across the country, so as to ensure that no child under any circumstances is lodged in jail or police lock-up. This Act has laid down special procedures for dealing with juveniles in conflict with the law, including those involved in drug and psychotropic substances-related offences. Section 77 of the Act provides for rigorous punishment for those who give or sell drugs to children.
Joint Action Plan on Prevention of Drugs and Substance Abuse Among Children (JAP).
The JAP formulated by the agencies like the NCPCR and the NCB outlines convergent actions involving education, health, enforcement and social welfare bodies. Key provisions of this Action Plan include strict enforcement laws around schools, stricter surveillance and access to treatment and rehabilitation services for affected children.
The role of the justice system: from punishment to rehabilitation
Traditionally, the criminal justice system, while dealing with crimes related to drug abuse among juveniles, the trend was to give punishments which were punitive in nature; however, the evolving justice system and the sociological perspectives now emphasise a restorative and rehabilitation approach to juveniles booked under such crimes.
Contemporary criminal justice systems have incorporated community-based programs, school outreach, early detection and educational initiatives to prevent substance abuse before it escalates. Family Courts and Juvenile Boards are increasingly turning to the restorative justice model, which prioritises accountability, mental health and healing rather than simply punishing the juvenile. Combining legal mandates with mental health treatment has proven to be effective in reducing recidivism and promoting holistic rehabilitation. Various state governments and social organisations have also worked to improve juvenile homes and support facilities, which contribute to better care and healing of juveniles in conflict with the law.
Conclusion
Juvenile drug abuse is both a legal and social challenge that transcends traditional boundaries of law enforcement and social welfare. The justice system must serve not only as a defensive wall against crime but also as a catalyst for prevention, rehabilitation, and social reintegration, ensuring that every juvenile receives the opportunity to reflect on themselves.
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WRITTEN BY: YANA S JACOB
