File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Juveniles in the Hands of Narcotic Drugs: Study on Drug Abuse

India is a country having all resource and source to live. Many intelligent knowledgeable people lead our country who becomes legend on people's heart because of their thought, in that many leaders point out about children. Dr. APJ quotes that "Children are future bone to the country". Gandhiji said anything should start from children "If we are to teach real peace in this world, and if we try to care on a Real War against War, we shall have to begin with the children". But now days a backbone of our country become a week bone because of bad habit such as addictionetc.,. Addiction of narcotic drug changes the children life to delinquent and become juvenile in conflict with law. This research paper will deals with causative and factors of juvenile drug users, reason for their addiction, and drug dealing, danger of drug abuse, drug trade and problems caused by them, legal approaches for the wrong done by both gender, problem faced by the girl on the victimless crime, juvenile home and treatment for the crime and comparative study on the treatment from the other countries.

Definitional Aspects:
In English, the noun "drug" is thought to originate from old French "drogue", possibly deriving later into "droge-vate". In the Middle Dutch it means "dry barrels", referring to medicinal plants preserved in them[2].
The term "Juvenile" is defined in Juvenile Justice (Care and Protection of Children) Act, 2015, (herein after referred to as the ‘JJ Act 2015')[3].

Narcotic drug means, a drug [such as opium[4]or morphine[5]] that in moderate doses dulls the senses, relieves pain, and induces profound sleep but in excessive doses causes stupor, coma, or convulsions.
A drug (such as marijuana3or LSD) subject to restriction similar to that of addictive narcotics whether physiologically addictive and narcotic or not[6].

A drug is any substance other then food that provide nutritional support that, when inhaled, injected, smoked, consumed, absorbed via a patch on the skin, or dissolved under the tongue causes a temporary physiological change in the body.

Origin of The Study:
In earlier days drug were used for divine pleasure and medical purpose after that for pain relief and to sleep, drug were used and later on it become addiction. Some drugs are "GENERATING THE DIVINE WITHIN" which is Entheogens drug used in Pacific Ocean. Opium drug was first arriving in china during (618-907) in the Tang dynasty. In 7thcentury China began the use of opium for medical purpose. The Indians, Assyrians and Egyptians were cultivated opium poppy. In 19thcentury China made illegal drug trade and the addicts had grown badly. The upper class people use this to relax and pass time. It's slowly spread throughout America through railroad construction work. So China Government ban on the import of opium. This led to first opium war on (1839-1842) between U.K and China. The U.K won and forced China to sell opium. British merchant increased trade with China.

During the colonial period, the British organized opium into large scale commercial enterprise. Many Indians were become an addicts for the drug. Because of its sedative, pain relief character. So the people focused in cultivation of poppy and manufacture of opium for medical purpose not for consumption under the control of Opium Act 1857 and 1878.

In 1920's government passed law to restrict the usage of drugs for consumption. The opium and cannabis consumption was classified as an intoxicating drug. To regulate and to control the consumption of drug, to stop growing addiction of drug, to control or ban the drug trade, selling and buying of illegal drug government passed a law and continued to regulate through provincial exists act.

In 1930's Dangerous Drug Act was adopted from Geneva Convention. India participated in the second International Opium Conferences, which was convoked in accordance with the resolution of the assembly of the League Nation. The Dangerous Drug Act, 1930 come into force on 1stMarch 1930 to control and maintained the illegal drug trafficking. It takes care of children. Under this Act, unlicensed transaction, sales, domestic trade, cultivation are considered as penalized activities. The punishment is maximum of imprisonment 4 years. The Act was not sustained for a longtime due to its misuse.

In 1935, for the rehabilitation of drug users Dr.Bob Smith and Bill Wilson founded an organization "Alcoholics Anonymous" [AA], a spiritual approach towards rehabilitation. Based on this other branches was founded [NA] NARCOTIC ANONYMOUS, [CA], [MA]. There is specific treatment regime and a therapy for individual, the treatment varies from person to person[7].

During 1940's Drug and Cosmetic Act was introduced in India. It regulates the import, manufacture and distribution of drugs in India[8]. The main object of the Act to ensure the drug and cosmetics sales should be safe, effective and conform to state quality standard. It contains classification of drug with annexed schedule and it as a guideline for the storage, sales, display and prescription of each schedule[9].

In India there are two regions for major source of illegal opium cultivation. Those are South West Asia and South East Asia. Nepal is a traditional producer of cannabis[10]. To became a millioner and to strength the war, the political and official focused on drug trade via India to the other country for money, and also used in the country for many purposes. In India heroines are more attracted by illegal drug. It has been depicted and exposed in the media that the heroin is characterized in such nature of pain killer, sedative substance and stress buster.

Early days illegal drug is used for medical purposes then during war period, smuggling, both gender are including in, drug trafficking, and at lost it affect the children. Now many children became juvenile's drug users and addicts.

Juvenile And Drug:

Children like everything. Children initiate their parents and what they watch they reflect. Children don't know whether their actions are good or bad. During the adolescent age though they could realize what is right or wrong, but not know about the consequences. The needs of the child are so bigger than the parents need. The children will do the wrong to satisfy their needs. Unless their attitudes are being corrected at the initial stage it will leads to serious consequences. The following are some of the causative factors in turning juveniles into delinquent.

India is a developing country. Many people are under the poverty line. To run their life they do something to earn and on that rush life style they forgot to care about the children. The children in this situation do something to attain their needs.[11]

Peer Group:
When juveniles in conflict with law have been produced before the JJB, they will sent to the observation home till the completion of the trial. These periods will act as a experienced sharing among the inmates. If he comes outside they form a gang and do the wrong in a perfect manner.

Juveniles use drug for contentment and pleasure. Abused drugs will interact with neurochemistry of brain to produce pleasure feeling. The euphoria differs from the use of drug and type of drug[12].

Juvenile has a stigma that is created by the society. After released from the juvenile home, the child suffer from depression, social anxiety, stress disorder and mental pain and they stand to use drug again, to lessen the distress feeling.

Drug abusers are used to sell the drug. Drug dealers and the gangsters are selling the drug through the drug abuser. First they provide a psychological seeking of drug to the adolescence, and then they sell the drug to others. As the cost of drug is higher, the owners get profit in lakhs and crores. Because of the demand on drug is so higher, juveniles are being used in drug peddling.

Broken Family:
McDougall says "The stability of the family is the prime condition of a healthy state of the society and the stability of every community".Broken family means both the parents are missing or absent or away from home due to death or divorce or other matrimonial problem. In broken families, the children will affect physically and psychologically. They live alone and sometime they are facing step mother torture. Death of the father makes the child so delinquent in behavior and step father was almost fatal for the girl. 29.8 percentages of delinquency starts because of step father.[13]All the misbehavior of parents give room to the children to do an illegal act.

Media play important role in everyone life. It is not just an entertainment it is a mirror shows everyone's emotion, action, and feeling. After spending time in TV shows we feel free. Like that we can learn something from the media especially children. The juvenile and all children listen music. In that many music video seems to project intake of drugs. The juvenile agree with this statement. Not only music some movie it shows of intake drugs, and now- a- days consumption of drugs become symbol status.

Many shy teens are there. Drugs give them confidence tend to appeal otherwise they feel socially inferior. Some drug give aggression, some feel relax on the type of the drug they feel, they want.

To seek new experience, juvenile use drug for intake and for trade. Some people are motivated to use drug. And some juvenile are basically perceive as thrilling, or daring or risky they easily addicted to the illegal drug.

Availability is also an issues when it come to retailer for their profit they sell the drug to the teens. Even though it is punishable by law it contributes many problems[14].

Less Parental Care:
Now-a-days both the parents are working, so the child will be alone. They leave their children in the house if the child in leave or come earlier to home. There is more opportunity to the child to use the drug, the child in alone means near one make the child drug abuser are misuse the child.[15]

Drugs Used By Juvenile:
Drugs that are being used by the juvenile are tobacco, alcohol, marijuana, house hold cleaners and glues, pen are used as inhalant substances. Teens mostly use synthetic marijuana. The juveniles drug by two way either through medical practitioner one is prescription or OTP drug. The later one is illegal drug. All drugs will not give the same feeling. Different drug give different feeling;
i. The prescription and OTP drug mostly includes amphetamines 50%, prescribed painkillers, cough medicine, sedatives, and tranquilizers.
ii. The illegal usage of drug is cannabis 94%, hallucinogens, MDMA or ecstasy 33%, salvia[16].

# Ecstasy -It is a semi synthetic psychedelic entactogen of the phenethylamine family. It is often used in sex. The effect of MDMA is increased awareness of senses, feeling of openness, euphoria, empathy, love, happiness, feeling of mental and increased appreciation of music and movement[17].

# Cannabis -It is herb form. Cannabis quiet different from other, it experience varies significantly from person to person. The effect of cannabis is spacing in and out again, skewed perception of time, feel pleasant, clam, bodily relaxation, joy, drowsiness, forgetfulness[18].

# Amphetamine –using of this drug without the direction of a medical professional is extremely risky. User seeking more powerful highs may crush and snort or inject to produce strong effects. The effects of this drug is, it stimulants the act on central nervous system to produce quicker reaction time, feeling wakefulness, excitement. Side effect of this drug is dry mouth, irregular heartbeat, headache, nausea, severe anxiety, hypertension, erectile dysfunction.

# Salvia –It is an herb in mint family found in southern Mexico.It changes brain chemistry cause hallucinations. It is not illegal according to federal law, but several state passed law to regulate it use. The effect of this drug is loss of coordination, dizziness and slurred speech.

# Hallucinogens -The drug affect is depend upon the persons size, health, weight and the amount of taking it. The effect of this drug is blurred vision, disorganized thoughts, confusion and difficulty concentrating thinking or maintaining attention, anxiety, agitation, paranoia, and feeling panic, increased breathing rate.

# Tranquilizers –It is a sleeping pill. This drug is broken into two different categories major and minor tranquilizers. Major is used to treat mental disorder; minor is used for therapeutic treatment.

# Cough syrup –It is an OTC medicine which means over the counter. The most commonly misused OTC medicines is dextromethrophan (DXM) it is combination of cough syrup. This is misused with the combination of other drug such as marijuana. The effect of this drug at high doses, feeling of physical distortion, extreme panic, paranoia.

These drugs are dangerous to the person physically and psychologically. Withdrawal from this drug is not that much possible and it take long term treatment for curing the person from the illegal and OTP drug

Problem Faced By Illegal Drug Usages:
# Illegal drug usage among juvenile offender are linked with other healthy risk behaviors, 63 percentage engaged in more sexual risk behavior, produce heightened vulnerability to HIV other sexual transmitted disease.[19]
# It decreases the brain ability so it causes many problems. In this stage they will not pay attention and they don't know the consequences of the act. They are under the illusion that what they are doing is right
# Usage of drug causes tends to unprotected sex with the stranger. This sexual activity engages commission of rape, risk of pregnancy[20].
# The drug use changes the body condition physically and mentally. Intake of drug level damages the brain. Brain is the main function of our body it affects then it causes for heart attack, inhalants, halted breathing, mental sick, liver disease, cancer, stroke, acne infection.
# Youth are the samples, to commit burglary, robbery[21], drug selling drugs and serious assault while using or seeking to obtain drug.[22]
# Many juvenile are become a hired goondas, for cash. Some are committing crime due to the seductiveness.
# Drugs directly affect the brain control. So the behavior and action of the juvenile will change it effect the relationship of family, peer group, school life.
# Mental health problem, depression, development lags, apathy, withdrawal, and other psychological dysfunction.
# Drug abuse damage learning problem, it leads to short term and long term memory loss later in the child life.
# According to 4 out of 5 juvenile offenders committing crime while drug abuse. It is proven in the test positive of drug
In Delhi gang rape case the victim Nirbhaya was brutally rapped by 6 members, in that case 4 accused where sentenced to death penalty. One accused is a juvenile and he is arrested and sentence for 3 years of probation supervision. In that case the juvenile and the others consumed a drug after they committee crime of assault, robbery, rape.

Asifa Bano the 8 year girl born in Kathua, India. She is a Muslim girl. The 9 member was planned to kidnap the girl who was grassing there horse. They conspired with a juvenile to identify the girl, and they kidnapped and raped her in the forest after that the juvenile told to his friend. All are gathered in one place and planned take that girl in Hindu temple kept for three day in that temple and raped her on giving "EPITRIL 0.5 mg" drug it gives for sleeping pills it is used for to treat epilepsy and anxiety disorder. This drug is banded in Tamil Nadu.

Juvenile possess and consume drug and indulge in criminal activities like assault, murder, rape, robbery, or any other crime. The punishment is of two type, one is sentencing and the other one is treatment. Detention can involve home confinement, placement with a foster family[23]or guardian[24]placement with juvenile home or placement in detention centre. If the juvenile repeats the offence or in case of serious offence[25]the punishment is imprisonment between three to seven years.

The drug related offenses are considered as victimless crime. The Juvenile Justice Board handles juvenile case in very different. The courts have much wider range of options when dealing with juvenile offenders such as drug counseling, probation, diversion, detention. The court focuses on rehabilitation of young one. When court order probation for juvenile on complying with some specific terms, eg; if the child is school going means the court will order the child to attend the school regularly. Probation is at least for six month, but longer terms are also possible. Diversion is also known as pretrial diversion or informal probation. However not all jurisdiction allow the juvenile on diversion, it is apply for first time offender only.

The drug usage by juvenile is increasing badly, because of so many reasons. Drug crime is not only to them it done to other person, but if it is done by juvenile there is no proper punishment to the act or proper care to control. In India, there are much provision and many amendments done day by day, but the crime rate is not decreased adversely increasing. Not only Indian law in International level there are many Convention for drugs and juveniles but not even a Single Convention have proper care on juvenile offender. A child becomes a delinquent the age of twenty two.

Punishment for heinous crimes committed by juveniles for offences like sexual abuse, is too less under the law. The juvenile are committing heinous offence because of this lacuna law. They wearing child mask and do any crime. So the punishment must be rigrous in stopping the commission of crime. Punishments should be given to their parents also then only the crime rate by juvenile or child in conflict with law will decrease. The parents should be in the position to teach the child and prevent them from doing an act. But their parents are not preventing the child and not taking care of them and the punishment should not be simple and half of the punishment should be given to the parents. The drug trader should be punished along with the juvenile for giving illegal drug, tobacco. Even it is a petty shop the punishment should be rigorous.

"Children are the assets of India, so don't make the India week".

Author: Ms. Monisha, 1st year of LL.M. Degree Course
[2]Harper, Douglas, Drug Online Etymology Dictionary.
[3]Section 2(35) Juvenile means a child below the age of eighteen years.
4Sec 2(xv) of Narcotic Drug and Psychotropic Substances, Act 1985; Art.1(p) of Single Convention on Narcotic Drug, 1961.
5Morphine, marijuana is a drug schedule I of Single Convention on Narcotic drug, 1961.
6 Accessed on 12.05.18.
[7] on 14.05.18
[8]Dr.B.S.kuchekar 2008, "Pharmaceutical Jurisprudence" Pragati Books pvt. Ltd.
[9]Dr. Lily Srivastava, "Law & Medicine" Universal Law Publications.
[10]www.shoganga.inflibnet,act.inaccessed on 17.05.18
[11]Rajesh kumar singh v. Sstate.It is held that Possession of 4kg drug by minor at the time of incidence because of poverty, inducted in the well organized gang of drug smugglers.
[12]http://www.drugabuse.govaccessed on 18.05.18
[13]T. Earl Snllenger, "Juvenile delinquency a product of the Home" .
[14]Chetna Malhotra "Drug use among juvenile in conflict with law"
[15]Info Park v. Dr. V.N. Sankarjee2017. In this case the child girl was sexually abuse at many time by owner of the house on intoxicating of drug
[16], national institute on drug abuse. accessed on 26..5.18
[17]www.listverse.comaccessed on 27.05.18
[18]http://herb.coaccessed on 01.06.18
[19]Laurie Chassin 2012 "Juvenile Justice and Substance Use" accessed on 02.06.18
[20]https://casapalmera.comaccessed on 02.06.18
[21]The minster of external affairs laid a statement regarding attacks on 25 Feb 2010 accessed on 08.06.18
[22]https://www.ojjdp.govaccessed on08.06.18
[23]Sec 2(30) of JJ Act, 2015
[24]Sec 2(31) of JJ Act, 2015
[25]Sec 2(54) of JJ Act, 2015

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...


Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...


The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948


There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution


Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly