Consumption of tobacco, alcohol and drugs has become a widespread phenomenon and an issue of concern affecting children and youth of all segments of society: the rich, the poor, those on the streets, in schools, in institutions and in homes alike. Particularly alarming is the fact that the age of initiation into substance abuse is progressively falling, with some as young as 10.
Adolescents start on drugs for several reasons: curiosity, pleasure and to cope with stress and confusion. In a country where we choose to remain silent about issues like violence, abuse and mental illness, where talking about gender and sexuality is frowned upon and academic percentage and marks are given great importance, it is not surprising that children and young people often see substance use as a form of escape. Suicide rates are sharply rising in India, particularly among the educated young.
Children in institutions, on the streets and in slums get easy access to the low-cost kicks like ink eraser fluid, petrol and glue. Others are hooked to cough syrup. Later, they move on to other substances like mosquito repellent, paint thinner and nail polish remover, which are equally, if not more, harmful. As of now, there are no restrictions on the sale of these items.
In a dying declaration which was videographed, an inmate of a children’s home in the city stated that a gang of co-inmates beat up and demand money and drugs from new inmates. While children and youth from elite homes are reportedly addicted to more expensive drugs like cocaine, the disturbing trend is that even youngsters from middle class families have become habitual drug abusers, using the so-called ‘affordable drugs’.
There is a general lack of mental health facilities. There is a need specialised treatment services for substance-using children. These services should be available in government hospitals, through NGOs funded by the government, in family and community-based settings. It is strongly suggested that substance abuse treatment facilities that exist in India be prepared to provide services that are child- and adolescent-sensitive, and safe.
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which prohibits sale of tobacco products to persons below the age of 18 and at places within a 100-metre radius of the outer boundary of an institution of education, is being blatantly and openly flouted. You see many of these small shops near schools and colleges, displaying the mandatory warning but blatantly violating the law.
The new Juvenile Justice (Care and Protection of Children) Act 2015 criminalises the use of a child for vending, peddling, carrying, supplying or smuggling intoxicating liquor, narcotic drugs, tobacco and psychotropic substances. It is defined as a ‘heinous crime’ and if the child is between 14 to 16 years of age and ‘not reformed’, then the child will be sent to jail for the remaining term. Sadly, instead of considering the vulnerability of these adolescents, who need counselling, medical treatment, protection and healing, the Act will focus on punishment.
What is required is more awareness among parents, teachers and society in general. There is a need for personalised treatment that targets the health and social needs of the particular child. Child and youth participation and perspective is lacking in the laws and policies related to them. India’s resurgence potential as an economic and a socially responsible power rests on children and youth, who must be mentally and physically healthy. We need to prevent such children from being marginalised, and instead promote their health and well-being. They are truly children in need of our care and protection.
The author is professor of law, Centre for Law and Society and Founder-Dean, School of Law, Rights and Constitutional Governance at the Tata Institute of Social Sciences
