SARDAR PATEL SUBHARTI INSTITUTE OF

LAW

PROJECT ON: - THE PROBLEM OF JUVENIAL

DRUGS USE – LEGAL APPROACHES

SUBJECT: DRUGS ADDICTION, CRIMINAL JUSTICE

AND HUMAN RIGHTS

SUBMMITED TO SUBMITTED BY
Mrs. PRCHI GEOL RAKESH KUMAR BAROI
(Asst. Professor) (LLM. 2ND YEAR 3 Semester)

(2022)

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 ACKNOWLEDGEMENT
At the very outset, I would like to pay thanks to the almighty God. It gives me immense
pleasure to acknowledge and pay thanks to the persons who helped me throughout the course
of my work. I am really thankful to the subject teacher Mrs. PRCHI GEOL ma’am (Asst.
Professor [LAW])” who has given me this topic (“THE PROBLEM OF JUVENIAL
DRUGS USE – LEGAL APPROACHES”) of high relevance under who’s learned and
scholarly guidance the present work has been completed. she helped me in a passive way, gave
me moral support and guided me indifferent matters regarding the topic. she had been very
kind and patient while suggesting me the outlines of this Project and correcting my doubts.

I thank her for her overall support, constructive suggestions which have always been
soothing and had desired effects, hence it my duty to express my gratitude for her constant
support and encouragement.

I want to pay my sincere thanks to our Dean/Principal “Prof. (Dr.) VAIBHAV

GOEL BHARTIYA” Sir of Sardar Patel Subharti Institute of Law, Swami Vivekananda
Subharti University. Last but not the least, my thanks to all who have helped me directly or
indirectly in the completion of my work.

RAKESH KUMAR BAROI

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 Table of Contents

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

INTRODUCTION

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 addiction etc., Addiction of narcotic drug changes the children life to delinquent and
become juvenile in conflict with law. This research paper will deal 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.

Any substance that is consumed, smoked, injected, inhaled or stuck under the tongue via a
patch which brings physiological and psychological changes in our body is identified as drug.
Drugs have existed in our society from the start of our civilization in the form of Alcohol,
Opium or Poppy Seeds. The usage of drug is not a new phenomenon; it is so ancient that it has
found its ways into many religious and cultural traditions of several communities but it was
never an encouraged behaviour or a widespread problem in the earlier times. In the 80’s after
the introduction of processed drugs, like Cocaine, LSD, Heroin the usage and abuse of drugs
increased but was limited to certain communities, groups, cults and professions. The usage of
drugs has been on rise for quite a long time now and has become a grave problem for India.
UNICEF has identified that the active number of drug users fall under the age group of 14-
20years worldwide, which is a serious issue especially for India as India has the largest number
of children and youth population in the world and this population strength is at risk of becoming
a burden due to the increasing number of drug abuse and drug addiction. We cannot ignore the
fact that a large portion of India’s Youth population resides in slums and the incidents of
increasing number of drug abuse in slums have been reported.

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A large section of juveniles and youth residing in the slums of India falls under the vicious
trap of drug-crime cycle and become drug dependent. Amongst them, the most vulnerable
section to fall victims of drug abuse and drug addiction is the Juveniles of the slum. This paper
aims to study the factors responsible behind drug addiction of juveniles of the slum to find out
the scope of rehabilitation and reformation through early intervention process in the drug-crime
cycle.

OBJECTIVE OF THE STUDY

In earlier days drug were used for divine pleasure and medical purpose after that for pain
relief and to sleep, drug was 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 addict 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 were 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

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considered as penalized activities. The punishment is maximum of imprisonment 4 years. The
Act was not sustained for a long time 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 branch was founded [NA] NARCOTIC ANONYMOUS, [CA], [MA].
There is specific treatment regime and a therapy for individual, the treatment varies from
person to person1.

During 1940's Drug and Cosmetic Act was introduced in India. It regulates the import,
manufacture and distribution of drugs in India2. 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 schedule3.

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 cannabis4. To became a
milliner 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
genders are including in, drug trafficking, and at lost it affect the children. Now many
children became juvenile's drug users and addicts.

. JUVENILES UNDER THE JUVENILE JUSTICE (CARE AND

PROTECTION) ACT, 2015

Whenever the word juvenile comes to our mind, we automatically think about a young person
under the age of 18years who is in conflict with law. This might be because of the previously
existing juvenile justice laws in India which were mainly focused on juvenile delinquents and

1
http://drugabuse.com/libary/history-of-drug-abuseaccessed on 14.05.18
2
Dr.B.S.kuchekar 2008, "Pharmaceutical Jurisprudence" Pragati Books pvt. Ltd.
3
Dr. Lily Srivastava, "Law & Medicine" Universal Law Publications.
4
www.shoganga.inflibnet,act.inaccessed on 17.05.18

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gave less attention to other children under the age of 18years. But the 2015 Juvenile Justice
(care and protection) Act has broaden the scope of the word “Juvenile”. The Juveniles Justice
Act defines ‘Child’ under section 2(12) as any person who has not attained the age of 18years.
Section 2(13) and Section 2(14) differentiates between Child in conflict with law and Child in
Care and protection. Whereas Section 2(35) define Juveniles as every child who has not
completed the age of 18years might be a child with conflict of law or might be a child in need
of care and protection. This study is focused on children of the slums who fall under the vicious
trap of drug abuse and ends up in the drug cycle turning these juveniles into either a child in
conflict with law or Child in need of care and protection.

DRUG-CRIME CYCLE AND THE JUVENILES

For more than two decades, researchers, psychologists, and social workers of children welfare
have known of the link between drug use and juvenile crime. The majority of juveniles
currently entering the justice system are drug users. Other research indicates that juvenile drug
use is related to recurring violent delinquency that continues well into adulthood. Juvenile drug
use is also strongly related to poor health, deteriorating family relationships, worsening school
performance which increases their tendency to become homeless and street children making
the children in need of care and protection. Once a child is introduced to drug use and starts
abusing drugs, a child automatically chooses the road of crime to continue his addiction and
becomes a child in conflict with law and in worst case scenario such addiction takes them away
from family and relatives who try to intervene in their addiction, and become homeless or street
children making them child in need of care and protection. In future, children in need of care
and protection find peers of same need and form groups and start to live together in the streets.

They choose to do petty crimes like theft and fraud to satisfy their thirst of drug addiction
making them children in conflict with law and vice versa, thus trapping the children into a
unbreakable and miserable drug and crime cycle. Children of every sector, region and cultural
community are being exposed to this drug threat but the most vulnerable class are the children
of the slums as they have perilous surrounding that eventually brings them in contact with
group of people and peers who are involved in various illicit and illegal acts. Most of the
children of slums are self-dependent for their own care and needs as either their parents and
guardian are unavailable for them, or the children don’t have anyone to look after them making
them responsible for their own survival. These factors already make them vulnerable and
adding easy access to drugs on top of this marks them in high-risk zone. So once a juvenile

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child of the slum becomes an addict the most probable way to continue such addiction is by
doing petty crimes as they do not have any access to money. Thus, this child who was already
a victim of the society structure also becomes a juvenile delinquent with no fault of his or hers.
The Juvenile Justice Act of 2015 is a Reformatory Act as our Indian Legislation believes that
a child under 18years of age does not have the maturity to understand the consequence of
his/her action and should be given a chance of reformation and rehabilitated back as an active
member of the society. In case of juveniles of the slums, these juveniles were unfortunate
enough to be born in the most neglected area of our society and are refrained from almost every
resource needed for the proper development of a child, most of the slum children have never
had the proper need, care, attention or the education need for a healthy development of mental
state to understand and grasp the consequences of their action. Most children learn and develop
ideas and thoughts from their surroundings but the juveniles of the slums grow up experiencing
struggles, crimes and knows no better without any proper education or awareness, none the less
the everyday struggle for survival effects their mental state with no hope for better future or
proper inspiration and role model. Thus, if we want to bring back the drug victim juveniles of
the slums as an active contributing member of our society only reformation and rehabilitation
would not be enough as they will require all round development and early intervention process,
so that once they are rehabilitated, they would not return back to their drug life which in their
shoes is a much easier choice to make then the everyday struggle and hassle they face unlike
other children.

JUVENIAL AND DRUGS

CAUSES:
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.

POVERTY:
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

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children in this situation do something to attain their needs.5

PREE GROUP
When juveniles in conflict with law have been produced before the JJB, they will have 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.

CONTENTMENT:
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 drug6.

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

PROFIT:
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

5
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.
6
http://www.drugabuse.govaccessed on 18.05.18

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and sometime they are facing step mother torture. Death of the father makes the child so
delinquent in behaviour and step father was almost fatal for the girl. 29.8 percentages of
delinquency start because of step farther.7All the misbehaviour of parents give room to the
children to do an illegal act.

MEDIA:
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 videos seems to project intake of drugs. The juvenile agrees
with this statement. Not only music some movie it shows of intake drugs, and now- a- days
consumption of drugs become symbol status.

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

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

AVAILABILITY:
Availability is also an issue when it comes to retailer for their profit, they sell the drug to the
teens. Even though it is punishable by law it contributes many problems8.

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

7
T. Earl Snllenger, "Juvenile delinquency a product of the Home" .
8
Chetna Malhotra "Drug use among juvenile in conflict with law"

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to the child to use the drug, the child in alone means near one make the child drug abuser are
misuse the child.9

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
juvenile’s drug by two ways 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
gives 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
10
.

1. 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 11.

2.Cannabis -It is herb form. Cannabis quite different from other, it experiences 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,
forgetfulness12.
3. 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 are, its 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.

9
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
10
https://www.drugabuse.gov, national institute on drug abuse. accessed on 26..5.18
11
www.listverse.comaccessed on 27.05.18
12
http://herb.coaccessed on 01.06.18

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4. 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 states passed law to
regulate it use. The effect of this drug is loss of coordination, dizziness and slurred speech.

5.Hallucinogens -The drug affect is depended 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.

6.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.

7.Cough syrup –It is an OTC medicine which means over the counter. The most commonly
misused OTC medicines is dextromethorphan (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:

1. Illegal drug usage among juvenile offender are linked with other healthy risk behaviours,
63 percentage engaged in more sexual risk behaviour, produce heightened vulnerability to
HIV other sexual transmitted disease.13
2. 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

13
Laurie Chassin 2012 "Juvenile Justice and Substance Use" accessed on 02.06.18

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3. Usage of drug causes tends to unprotected sex with the stranger. This sexual activity
engages commission of rape, risk of pregnancy14.
4. 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.
5. Youth are the samples, to commit burglary, robbery15, drug selling drugs and serious
assault while using or seeking to obtain drug.16
6. Many juveniles are become a hired goonda, for cash. Some are committing crime due to
the seductiveness.
7. Drugs directly affect the brain control. So, the behaviour and action of the juvenile will
change it effect the relationship of family, peer group, school life.
8. Mental health problem, depression, development lags, apathy, withdrawal, and another
psychological dysfunction.
9. Drug abuse damage learning problem, it leads to short term and long-term memory loss
later in the child life.
10. 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 their 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 days 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.

14
https://casapalmera.comaccessed on 02.06.18
15
The minster of external affairs laid a statement regarding attacks on 25 Feb 2010 accessed on 08.06.18
16
https://www.ojjdp.govaccessed on08.06.18

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 IMPACT ANALYSIS

India is home to the largest slum of the world and a major portion of Indian population resides
in the slums. Thus, the impact factor of drug and substance abuse in the juveniles of the slums
not only effects the slum population but all of India. The negative impact of the drug abuse can
be categorised as –

(A) Health Impact

Drug abuse has been a prevalent cause of rise of HIV AIDS and other blood transmitting
disease has the youngsters now a days use new synthetic injectable drugs that need to be
injected in the blood stream via syringe and few to lack of economic resources slum children
end up sharing the same needle amongst peers ending up contaminating each other. Sometimes
they even use the same syringe for many days inviting deadly infections and serious health
hazards. Other than this slum children are already malnourished few to lack of proper care and
resources and adding drug abuse in top of that makes their immune system same as non-
existent. The health hazards faced by the juvenile drug addicts of slums are nausea, abdominal
pain, brain damage, memory loss, lung disease. Seizures, strike, mental confusion, liver
problem, heart disease etc.

(B) Social Impact

The majority of juveniles of the slums who choose to abuse drugs or come in contact of drug
abuse peers already falls under the scope of ‘Children in need of care and protection’ but cannot
always be sent to reformatory houses as they may or may not fall under definition of the section
2(14). This legal and social gap makes the juvenile drug abusers of the slum go without proper
care and rehabilitation. Even when the juvenile wishes to come out of this life, they do not
know or have proper awareness or guidance thus making them more miserable and ignorant
towards life.

(C) Legal Impact

The Narcotics and Psychotropic Substance Act, 1985 was enacted with stringent provisions
with the objective of better control and regulation of operation related to drugs and
psychotropic substances. The act was amended three times first in 1989, 2001 and 2014. Yet
the easy accessibility of drugs in juveniles of slums could not be restrained. The effect and
impact have been analysed and various loop holes in the existing NDPS Act, 1985 has been

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identified by the legislature and thus the NDPS (amendment) BILL, 2021 is still in discussion
in the Lokh Sabha.

(D) Economic Impact

Drugs are not expensive as it a contraband and the production, manufacturing does come with
a price and puts the seller at high risk. It is especially more expensive for juveniles of the slums
as they hardly have enough money for food and basic necessities but for a drug addict their no
greater need then drugs, so a juvenile who is an addict if has to make the choice between drugs
and food will always choose drugs. Drug addict juveniles also has the tendency to all spent all
the hard-earned money in drugs and when are not able to manage the money take debts which
most of the time, they are unable to pay. This pushes them deeper in the pit of poverty.

(E) Political Impact:

The government has taken various initiatives by introducing National Drug Policy in 2012.
Various Drug law Enforcement Agencies such as Narcotics Control Bureau (NCB), Central
Bureau of Narcotics (CBN), has been specially authorised for proper administration of all the
provisions of NDPS Act, 1985. Other awareness programs for rural, urban and marginalised
communities have also been organised by governments.

EARLY INTERVENTION APPROACH

A key approach was discovered by the researchers of National Institute of Juvenile Justice in
USA to break the juvenile drug crime cycle. The report mentioned of technics through early
intervention by case management strategy that coordinates the various service needs of
juveniles from the time they enter the juvenile justice system until they no longer require
supervision. This approach was also used and tried by the Juvenile Justice system of Thailand
who faces a similar drug addiction rise in juveniles. This approach connects juveniles with
needed resources as they move through the juvenile justice and drug treatment system various
researchers have found that in these approach juveniles receive more rapid and improved access
to service, achieve more goals, and stay longer in treatment. This philosophy uses a carrot-and
stick approach to motivate the juvenile’s progress in treatment; Good behaviour (staying drug
free and avoid delinquent behaviour) results into freedom and other rewards while negative
behaviour results in more severe restrictions and intense therapeutic environment. However, in
a country like India where the population of Youth and juveniles is the largest in the world and

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the added problem of scarcity in resources it is a difficult task for the reformatory and
rehabilitation centres to cater to the need and give attention of every single juvenile addict as
they require a range of services especially who comes from fragmented lives such as juvenile
addicts of slums. Thus, the early intervention process has to start at elementary level through
introduction of drug educational policies at school level, special drug education camps, street
by street awareness, easy and accessible therapeutic approaches and workshops and most
importantly frequent and ground level awareness programs for targeted and marginalised
sections such as juveniles of the slums. The drug awareness policies and programs such as
NASHA MUKHT BHARAT CHAMPAIGN are designed to raise awareness among all
citizens including the youths and juveniles. The problem with these campaigns and policies is
that the do not reach properly to the juveniles of marginalised section due to illiteracy and
neglect towards education. Thus, campaigns and policies that may work otherwise are
insufficient and irrelevant for marginalised and neglected juveniles. Once ground level
intervention is completed the possibility of juvenile justice system in comprehending the
rehabilitation and reformation of drug addict juveniles with special needs can be possible.

ROLE OF JUVENILE JUSTICE ACT IN INCURRING THE JUVENILE

DRUG ABUSE

The Juvenile justice system in India is guided by the Juvenile Justice (Care and Protection)
Act, 2015. The Act specifically in Section 93, speaks about special institution for juveniles who
are drug addicts and proper rehabilitation and reformation of such juveniles. As an institution
responsible for the safety and reformation of the juveniles, the juvenile justice system should
be the final authority in decisions of case management, sanctions and treatments. According to
NCRB in 2018-19 a survey was done in all the Child Care Institutions in India and it was found
that 100% of the Child Care institutions were not in comprehension of the provisions of the
Juvenile Justice Act, 2015. Thus, it raises a question that whether the failures of the
rehabilitation and reformation centre is a contributing factor for the increase of drug addiction
in juvenile slum dwellers. As there might be possibility that a drug addict juvenile after being
released from such rehabilitation centre may return back to the previous drug life as proper
reformatory steps were not taken by such institutions. Thus, there is a special need of
understanding the scope and essentials of ‘FIT FACILITY’ defined under Section 2(27) of the

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Juvenile Justice Act, 2015 and compulsory implementation of such essentials in every Child
Care Institutions adhering to the needs of juveniles under Juvenile Justice Act.

ANALYSIS OF THE STUDY

There is no denying of the fact that the juveniles residing in the slum areas of India are more
vulnerable to drug abuse as their surroundings somewhat influences them to do so. Even though
there are Drug Action Plans and Drug Awareness Policies initiated by the government there is
a gap between creation and implementation. The harsh truth is that slum areas are different
from normal residential places and are in way a cut off or neglected than most parts of the
society and the illiteracy and ignorance towards education of the slum dwellers makes it harder
for implementation of awareness policies. The basic awareness programs are mostly initiated
at school levels and only a handful of slum children attend any form of school education making
it harder to reach them. If these children could be brought back in the sphere of an all-round
education (which is available under Sharva Sikhsha Abhiyan) where proper guidance and
regular counselling could be provided owing to their special needs, the factors influencing them
for drug abuse could be curtailed to an extent. State initiated surveys if collected frequently in
high-risk slum areas to understand the extend and factors of drug abuse and implementation of
specialised awareness policies made particularly for such targeted marginalised population can
cut down most off the evils of drug abuse. Strict surveillance in the slum areas can not only
curtail drug abuse but also prohibit drug related crimes from spreading outside the slum areas.
Establishment of free De-Drug Addiction centres and easy accessibility of such centres should
be one of the prime motives of Drug Actions Plans so that suffering drug victims can make the
easy choice of seeking help.

PENALTY:

Juvenile possess and consume drug and indulge in criminal activities like assault, murder,
rape, robbery, or any other crime. The punishment is of two types, one is sentencing and the
other one is treatment. Detention can involve home confinement, placement with a foster
family17or guardian 18placement with juvenile home or placement in detention centre. If the
juvenile repeats the offence or in case of serious offence 19 the punishment is imprisonment
between three to seven years.

17
Sec 2(30) of JJ Act, 2015
18
Sec 2(31) of JJ Act, 2015
19
Sec 2(54) of JJ Act, 2015

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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 counselling, probation, diversion, detention. The
court focuses on rehabilitation of young one. When court order probation for juvenile on
complying with some specific terms, e.g.; if the child is school going means the court will
order the child to attend the school regularly. Probation is at least for six months, but longer
terms are also possible. Diversion is also known as pretrial diversion or informal probation.
However not all jurisdiction allows the juvenile on diversion, it is applied for first time
offender only.

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CONCLUSION:
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 Conventions 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 is committing heinous offence because of this lacuna law.
They wearing child mask and do any crime. So, the punishment must be rigorous 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.

Considering the large population rescinding in the slums of India and the growing drug abuse
particularly in the juvenile population, it can be assessed that if the necessary steps are not
taken now, the damage would be beyond repair. Special emphasis should be given on
generating special awareness policies for the targeted and marginalised sections, juvenile
awareness should be given utmost importance to control further damage. Not only awareness
but surveillance and strict implementation of legislation are essential on the ground level.
Government should work in collaboration with specialised agencies and NGOs for better
results. Mahatma Gandhi said “If you want real peace in the world, start with children” and its
high time we eradicate the evil that has threatened the biggest strength of India, our juvenile
and youth population.

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 BIBLIOGRAPHY

STATUTES:

1. NDPS ACT 1985

2. JUVENILES UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015

3. INDIAN PENAL CODE 1860

4. INDIAN EVIDENCE ACT 1872

BOOKS REFERRED.

1. Harper, Douglas, Drug Online Etymology Dictionary.

2. Dr.B.S.kuchekar 2008, "Pharmaceutical Jurisprudence" Pragati Books pvt. Ltd.
3. Dr. Lily Srivastava, "Law & Medicine" Universal Law Publications.
4. Chetna Malhotra "Drug use among juvenile in conflict with law"

WEDSITES REFERRED

1. http://cracr-pd.org/wp-content/uploads/2020/10/Drug-use_juvenile_COH.pdf
2. https://www.researchgate.net/publication/352816135_Juvenile_Drug_Abuse
3. https://nida.nih.gov/sites/default/files/preventingdruguse_2.pdf
4. https://www.legalserviceindia.com/legal/article-191-juveniles-in-the-hands-of-narcotic-
drugs-study-on-drug-abuse.html
5. https://www.emcdda.europa.eu/attachements.cfm/att_44741_EN_TDSI07001ENC.pdf
6. https://www.google.com/search?rlz=1C1RLNS_enIN981IN981&sxsrf=ALiCzsbHl010l0
Nf-
7. https://childsafety.losangelescriminallawyer.pro/juvenile-crime-and-substance-abuse.html

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