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.
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.
The term "Juvenile" is defined in Juvenile Justice (Care and Protection of
Children) Act, 2015, (herein after referred to as the ‘JJ Act 2015').
Narcotic drug means, a drug [such as opiumor morphine] 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.
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.
During 1940's Drug and Cosmetic Act was introduced in India. It
regulates the import, manufacture and distribution of drugs in India. 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.
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. 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
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
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.
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
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.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
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.
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
ii. The illegal usage of drug is cannabis 94%, hallucinogens,
MDMA or ecstasy 33%, salvia.
# 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.
# 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.
# 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
# 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.
# 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.
# 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, drug selling drugs
and serious assault while using or seeking to obtain drug.
# 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
# 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 familyor
guardianplacement with juvenile home or placement in detention centre. If
the juvenile repeats the offence or in case of serious offencethe
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
"Children are the assets of India, so don't make the India
Author: Ms. Monisha, 1st year of LL.M. Degree Course
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