P: ISSN No. 2394-0344 RNI No.  UPBIL/2016/67980 VOL.- VII , ISSUE- IV July  - 2022
E: ISSN No. 2455-0817 Remarking An Analisation
Engagement of Youth In Drugs and Its Commercialisation: A Legal Perspective
Paper Id :  16256   Submission Date :  2022-07-07   Acceptance Date :  2022-07-18   Publication Date :  2022-07-22
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Kiranveer Kaur Gill
Student
UILS
Chandigarh University
Kharar,Punjab, India
Inderpreet Kaur
Associate Professor
UILS
Chandigarh University
Punjab, India
Abstract
The growing abuse of drugs by young people is a worrying trend. Every year, more than 30000 young people are killed by drug use and smoking. India is especially at risk. Most of the victims are aged between 15 and 30 years old. Abuse of psychoactive substances is a significant barrier to the survival, protection, growth, and development of children, all of which are essential to improving the quality of life. Protecting children from the harmful effects of substance use and abuse must be regarded as the most important and pressing requirement for realizing the vision of a "World Fit for Children" and making significant progress toward the Millennium Development Goals (MDGs). In this paper, the difficulties that currently exist in trying to find a solution to the problem of drug substance misuse, while putting an emphasis on the necessity of looking further than the biomedical and behavioral modification approach-based interventions. In addition to this, it offers suggestions for holistic methods for the intervention of substance misuse that would cover the full scope of variables in the context of the intricate Indian culture. The objective of the researcher is to determine the factors that induce young minds to engage themselves in the corrupt and illegal practice of drug abuse and its commercialization.
Keywords Drugs, Drug Abuse, MDGs, Youth, Commercialization.
Introduction
Although there are a number of reasons why young people in the 21st-century abuse drugs, it is sufficient to identify the primary motivation for the engagement of youth in drug abuse as factors such as the worsening employment situation, increased peer pressure, and an increased propensity to model their behavior after that of their parents. On the other hand, one would be curious as to the reason. It does not appear that Eighner's statements about individuals being content with whatever they have and/or giving away what their economic abilities cannot afford are applicable to the lives of young people in the twenty-first century. The lack of employment opportunities for young people has emerged as a major problem in the twenty-first century. It has persisted to have detrimental consequences on young people's capabilities for growth and development. Instead of coming to terms with their predicament and figuring out how to get out of it, young people, who have a disproportionately high rate of unemployment compared to older generations, are more likely to experiment with illicit substances as a means of altering how they experience or interpret their inability to find work. They have no choice but to engage in illegal activities in order to maintain their lifestyle. Abuse of drugs has repercussions not just physically but also mentally and socially. Accidents that occur while young people are under the influence of alcohol also contribute to their physical injuries. Because they have no other option due to a lack of employment opportunities and financial hardships, many young people turn to self-medication as a means of coping with their mental health issues.
Objective of study
1. To ascertain the reasons behind the substance use and abuse among youth and to determine the factors that induce young minds to engage themselves in the corrupt and illegal practice of drug abuse and its commercialization. 2. To find out holistic methods for the intervention of substance misuse to fight against the problem of drug addiction.
Review of Literature

The global issue of drug use and availability has been a longstanding concern. In recent years, the commercialisation of drugs has made them more accessible and ‘acceptable’ to young people. The use of drugs has been a contentious issue throughout history. In recent years, the issue of drug use among youth has come to the forefront. There are a variety of factors that contribute to this problem, including peer pressure, curiosity, and the desire to fit in.[1] The commercialisation of drugs is another factor that contributes to the problem of drug use among youth[2]. When drugs are advertised and sold openly, it normalises their use and makes them more accessible to young people. The legal perspective on the engagement of youth in drugs and its commercialisation is complex. There are a variety of laws that govern this issue, both at the national and international level. These laws are constantly evolving, as the problem of drug use among youth persists. While the legal perspective on this issue is complex, it is important to remember that the ultimate goal is to prevent the youth from drug abuse by taking all the measures required to make it happen[3].

Main Text

I. Drug Abuse Among Youth

The problem of drug addiction has spread all throughout the world, particularly among young people. A significant number of young people develop a dependency on a variety of stimulant chemicals and medications, which frequently go hand in hand with narcotic effects. Addicts often lose touch with their families and get immersed in a separate world, both of which contribute to a general decline in the quality of their lives. They spend a significant sum on drugs, and afterward[1], they hunt for illicit ways to gain additional income. When weighed against the potential risks to one's wellbeing, substances like narcotics come out on top.

The fact that people in various parts of the world have become dependent on various drugs at the same time is the aspect of drug addiction that is the most upsetting. There is a wide variety of illicit drugs available, including heroin, crack cocaine, crystal meth, marijuana, and others. Heroin is one of the harmful medications that can slow down the work of your heart and is commonly used for the purpose of achieving a narcotic effect.

The frighteningly high rate of drug usage has been an issue for as long as anybody can remember and has negative impacts on society. Own and familial issues are also major contributors to substance misuse among adolescents who are unable or unable to address their personal issues. It can be challenging to cope with the physiological symptoms of drug addiction, which is one of the reasons why an addict has to receive treatment for their condition. The fact that young people in every country around the world are affected by drugs is the most unfortunate aspect of the drug problem.

Not only does the word "drug" refer to medicinal substances, but also to lethal drugs that come in a variety of forms. The addict's brain and body cells are damaged as a result of the harmful effects of these drugs. The addict develops a level of dependence on the drug that is so severe that they are unable to abstain from taking it. Addicts continue to take the substance even if they are fully aware of the negative impact it has on their health.[2]

II.  Reasons For The Engagement of Youth in Drug Consumption and Commercialisation

Addiction to drugs or other substances that are similar can develop in young people and teenagers for a variety of different causes. One of the key factors that contribute to drug addiction is a lack of confidence in one's own abilities. It may also be the result of an excessive amount of stress, the influence of peers, a lack of family involvement in the child's activities, and other similar factors. Some people believe that drug addiction might be the root cause of ignorance, which can then lead to further drug use. In addition to the discomfort brought on by the disease itself, ignorance of the dangers of drug addiction is a significant factor in its development.[3] The following are among the reasons why people become addicted to drugs:

Stress among Youth

People in their twenties who have recently started college or relocated to a new place in search of work frequently struggle to adapt to the changes that are occurring in their lives. They are more inclined to seek relief from their stress through the consumption of drugs or other substances with similar effects. Finding a quick solution often appears like a better option than facing the true issue and finding a solution to it. Experimenting with illegal drugs can develop into an addiction, which is a chronic pattern of behavior.

Peer Pressure and Society

There is a lot of competition in the world nowadays, and it can be challenging to advance when living in an environment like this. Peer pressure is something that affects people of all ages, both young and elderly. However, it will never be apparent. A significant number of young people anticipate being subjected to the pressure to engage in risky behaviors such as drug use, smoking, and alcohol consumption. Being the only person in a group of young people who don't drink or smoke can feel isolating. They develop a pattern of drug use as a response to the feelings of alienation and social rejection that they experience.[4]

Poor Mental Health

One of the biggest reasons people experiment with drugs is because they have a mental health conditions. Individuals to feel fragile have a greater propensity to experience feelings of depression when confronted with the realities of the world. As adolescents go through the process of maturation, they find ways to make themselves feel liberated and to continue leading a regular life. They develop a routine of taking drugs, which might eventually lead to addiction when they are in such precarious circumstances.

There appears to be a correlation between the background of psychological trauma and an increased risk of substance abuse. More than seventy-five percent of patients who have experienced psychological trauma use drugs as a kind of self-medication or as a gateway into self-destructive behaviors. This percentage is higher among those who have used drugs in the past. Because women are more susceptible to the effects of medications than men are, they require a lower dose to achieve the same effects. The ease with which individuals can obtain these substances is a critical factor in the persistence of addictive behavior within families.[5]

Exposure to Drug Consumption

Another factor that contributes to young individuals developing an addiction to drugs is the environment in which they were reared, namely the presence of drug misuse. When a person is exposed to drug usage at a young age by other adults in their environment, they are more likely to experiment with drugs themselves later in life. It is essential to be a positive role model for them if you want them to avoid drugs and other substances that are similar. The most effective method for preventing people from being addicted to drugs is to educate them about them in an honest approach.[6]

IV. Impact of Drug Consumption on Youth

Addiction to drugs has a wide range of detrimental impacts, both physically and mentally, on a person's health. As was previously said, drug abuse refers to the compulsive and chronic use of potentially harmful substances. The impacts of addiction to drugs are far-reaching and significant. Both the reasons why a person becomes dependent on drugs and the physiological adaptations that take place in the brain contribute to the user's experience of the psychological side effects of drug addiction. As a means of coping with stress, many people turn to drug use. The psychological symptoms of drug addiction, on the other hand, include a yearning for the drug in question and an obsession with using it to the detriment of all else.

Emotional Impact

The psychological impacts of drug addiction include a psychological tolerance to the effects of the substance, mood swings, despair, violence, stress, a decline in ordinary activities, hallucinations, confusion, and a decreased ability to function normally. In addition to these, substance addiction has a wide range of other physiological impacts that can be observed in the body's many systems. The fundamental impact of drug dependence are seen in the brain, where it causes changes in the way the mental abilities and has an effect on the way the body interprets pleasure.

Physical Impact

Drug addiction can also cause a person to have a heart attack, an irregular heartbeat, the transmission of HIV, respiratory difficulties, lung cancer, stomach pain, injury to the kidneys and liver, brain injury, migraines, convulsions, and loss of appetite. The effects of substance abuse can have far-reaching repercussions and manifest themselves in a variety of ways across the body. The immune system might become compromised and more susceptible to infection when one takes medications in excessive amounts.[7]

People show signs of drug addiction because the drug causes recurrent flooding of the brain with neurotransmitters like serotonin and dopamine. These chemicals are responsible for the symptoms of drug addiction. The brain develops a strong dependence on these medications and eventually becomes unable to operate properly without them. The impacts of substance abuse are also visible in the babies of drug abusers, and these effects might last for the rest of their lives. Addiction to drugs can force the liver to work more than it should, which can lead to substantial liver loss or damage. In terms of how the brain functions, drugs can have an effect on day-to-day activities by producing issues with memory, the ability to make decisions, mental disorientation, and even irreversible harm to the brain.

Short Term Impact

Different medications influence body in various ways. Depending on how much of the material was consumed, as well as the substance's purity and strength, drug users can experience a variety of short-term effects. Drugs have the potential to have a significant impact on a person's thinking, emotions, and perception. Drugs have the potential to momentarily impair motor performance, cause problems with decision making, and even lower inhibition levels. Opiates, alcohol, barbiturates, inhalants, and other chemicals are among the most prevalent compounds that lead to drug addiction.[8]

As a result of the fact that the negative effects of drug addiction do not manifest themselves in the short term, many people are under the impression that it does not cause any harm. The person can believe they are indestructible and be oblivious to the fact that drugs can truly have an effect on virtually every system in the body. The addict often has no idea what the consequences of their habit will be in the long run. In the event that treatment is delayed for too long, both the patient's physical and mental health will suffer.[9]

Long Term Impact

Addiction to drugs can have a devastating impact on a person's overall health throughout the course of their lifetime. Because the body is able to adjust to the presence of the chemical, it requires a greater quantity of it in order to get the same results. If the individual keeps increasing the dosage, there is a risk that they will establish a physical addiction to the substance. When the person quits using the substance, they run the risk of experiencing potentially lethal withdrawal symptoms.

Legal Impact and Consequences

Abuse of drugs not only has detrimental impacts on one's overall health, but it also may have adverse implications on one's legal standing. People can have to cope with the legal repercussions for the rest of their lives if they make certain choices. A significant number of businesses demand that potential workers submit to a drug test before they are hired. Driving while under the impact of alcohol or drugs can result in severe legal repercussions and potentially significant financial penalties.

Individuals are able to make educated decisions regarding their health when they have a thorough awareness of the substance's physiological effects. When it comes to finding treatment for drug addiction, keep in mind that it's never too late to ask for assistance. There are several treatment facilities available to assist individuals in overcoming their dependency on drugs within a community setting. The NDPS ACT, 1985 regulated the illegal consumption of drug abuse in India, and stringent punishment is implemented under the law for whosoever is found consuming or possessing a certain amount of drugs.

V. Youth in Drug Commercialisation

Each day we come across the cases of colleges, and universities, where students are found consuming and commercializing drugs and other intoxicating substances which is a disgrace since the youth of a country, are considered to be its future. Lately in February 2022, the accused, who was originally from the West Godavari area in Andhra Pradesh, was found to be in possession of 27 vials of hash oil in addition to many LSD stamps. In the policy and practice of youth justice, one area that has received little attention is the involvement of young people in the commercialization of drugs. “The fields of social work, youth justice, health, and education” all contribute their own unique perspectives to the various definitions of youth engagement that have been developed. Youth selling and purchasing drugs is a serious concern and it needs to be addressed as a priority. As the number of narcotics found increases, from a tiny quantity to a commercial quantity, the NDPS Act stipulates that the offender would face increasingly severe penalties.[10]

For violations connected to a variety of substances, including possession, purchase, sale, use, etc. in small quantities, the penalty for the offense is either hard imprisonment for up to one year or a fine of up to ten thousand rupees, or both. In contrast, the quantity that falls in the grey area between "little" and "commercial" has a sentence that can range from 10 years in prison to a fine of one hundred thousand rupees. For possession of a commercial quantity, the offender faces a sentence of ten to twenty years in prison as well as a fine of up to two lakh rupees. Recently, the teen son of Bollywood superstar Shah Rukh Khan, Aryan Khan, along with seven others, was charged with numerous offenses related to the Narcotic Drugs and Psychotropic Substances Act of 1985. (NDPS Act). The following essay will make an attempt to clarify the legislative intent that led to the creation of the law, as well as its violations, the prescribed punishment, and the provisions for bail, among other things. When it comes to narcotic drugs and psychotropic substances, the NDPS Act was passed into law with the intention of enacting more rigorous rules and bringing the existing legal framework under one umbrella.[11]

India is the nation with the youngest population in the world because its proportion of young people to the total population is higher than that of any other nation. Because of this, it is not a trivial assertion to make if we declare that the youth of India hold the key to India's future right now, which puts to the front a problem that they are experiencing today more than at any other time or in any other history.

The number of people who are finding themselves addicted is steadily increasing, which brings with it a number of different health risks. In today's society, addictions are no longer restricted to merely the abuse of substances like alcohol or narcotics. It has reached new heights with the advancement of technology, as seen by the fact that many have become addicted to their electronic devices, which seriously impairs their ability to operate in society.[12]

 VI. Legal Aspects of Engagement of Youth in Drugs Commercialisation

Selling or purchasing drugs is prohibited not only in India but all around the world due to their ill effects. On August 23, 1985, “The Narcotic Drugs and Psychotropic Substances Bill, 1985” was presented for the first time in the Lok Sabha. On September 16, 1985, after receiving approval from both chambers of Parliament, it received assent from the president of India. It was known as “THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT”, 1985 when it first entered into force on November 14, 1985 (shortened to NDPS Act). According to the NDPS Act, it would be against the law for any individual to generate, produce, or cultivate any psychotropic substance, as well as to acquire, sell, decide to buy, transport, store, or consume any such substance.[13]

As a result of one of the provisions of this act, the Narcotics Control Bureau was established on March 1, 1986. This provision took effect. The purpose of this Act is to ensure that India satisfies its obligations as a signatory to the "Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances", and the "United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances." These conventions are collectively known as the "Single Convention."  The Act has been changed in 1988, 2001, and also most lately in 2014. The most recent change was in 2014.[14]

 Any individual who violates the provisions of the "Narcotics Drugs and Psychotropic Substance Act" will be subject to punishment that is proportional to the amount of the controlled substance they possess:

1. Where the violation involves a quantity of less than one kilogram, the offender faces a term of rigorous imprisonment that can last up to six months, a fine that can go up to ten thousand rupees, or both; Where the violation involves a quantity that is less than bulk quantity but larger than small quantity, the offender faces a term of rigorous imprisonment that can last up to ten years and a fine that can go up to one lakh rupees; and where the violation involves a commercial quantity.

Result and Discussion

In order to curb the consumption of drugs:

1. Strict regulations should be formulated that impose stringent punishments on the offenders under the Act.

2. Factors inducing drug consumption must be monitored and curbed accordingly.

3. Maintaining a balanced diet and encouragement among youth to stay clean should be the motto.

4. Educational camps and awareness should be promoted among the youth.

5. The commercialization of drugs involves a highly organized chain, which should be broken.

6. Young adults should be given proper guidance so as to ensure that they do not engage in such activities that induce them to engage in such demeaning activities.

7. The commercialization of drugs can be stopped only through an effective regime. This mechanism needs to be controlled as soon as possible since both its consumption and commercialization is dangerous for the youth of the country. The problem of addiction to drugs has quickly become widespread among young people in India.

8.  India is located in the middle of two of the world's largest opium-producing regions, namely the “Golden Triangle on one side and the Golden Crescent” on the other. The state of Punjab has the highest percentage of kids who are addicted to alcohol, followed by the “states of West Bengal and Uttar Pradesh”. The number of young people who start drinking alcohol is increasing at an alarming rate. In November of 2016, it established the Narco-Coordination Centre (NCORD) and brought back the scheme of  “Financial Assistance to States for Narcotics Control.”

9. The Narcotics Control Bureau has been allotted funds for the development of a new piece of software that will be known as the “Seizure Information Management System (SIMS)”. This software will produce an exhaustive online archive of drug offences and offenders.

Conclusion
A genetic predisposition, a violent history at home, and stress are only some of the elements that might contribute to the development of drug addiction, which is a complex disease. Researchers have been successful in determining the contributing elements that result in drug abuse. One of the most effective approaches to enhance treatment options and results for drug addiction in the future is to have a better understanding of the underlying causes of drug addiction. A significant number of people are unable to explain why certain people develop an addiction to drugs and other substances. They are under the impression that substance abuse is a social issue and that those who struggle with addiction are emotionally fragile. It is possible to successfully cure people who are addicted to drugs, despite the fact that there is no conclusive scientific proof regarding how exactly drugs work in the brain. There is a wide variety of treatment options available to assist individuals in recovering from the disabling consequences of drug addiction and regaining full command of their lives. Behavior modification is the most effective treatment for most drug users and is recommended whenever possible. The approaches taken in treatment are modified so that they are appropriate for the patient's history of drug usage. It is not unusual for a person who has successfully quit using drugs to eventually start using them again. In such a scenario, a different course of treatment is essential in order to reclaim control and make a full recovery.
References
[1] Ahad, Md Abdul and Chowdhury, Mitu and Kundu, Indrajit and Tanny, Nishith and Rahman, M. Wakilur, Causes of Drug Addiction among Youth (May 2017). IOSR Journal Of Humanities And Social Science (IOSR-JHSS), Volume 22, Issue 5, Ver. 7, p. 27-31, May 2017, Available at SSRN: https://ssrn.com/abstract=2978478 or http://dx.doi.org/10.2139/ssrn.2978478 [2] Sobia Masood & Najam Us Sahar (2014) An exploratory research on the role of family in youth's drug addiction. Health Psychology and Behavioral Medicine, 2:1, 820-832, DOI: 10.1080/21642850.2014.939088 [3] Nath, K. (2022). Drug Abuse in India and Its Legal Scenario. Retrieved 21 July 2022, from https://blog.finology.in/recent-updates/drug-abuse-in-india#:~:text=Under%20the%20NDPS%20Act%2C%20it,with%20effect %20from%20March%201986.
Endnote
[1]Diwakar Sharma, “Drug Addiction and Drug Abuse” (Caliber Publisher and Distributor, India, 2019) available at:https://shopee.in/Drug-Addiction-And-Drug-Abuse-(Hardcover-Diwakar-Sharma)-i.665927292.15947196147?sp_atk=d2bbdd03-63d1-4c75-b1ac-640338f9cba3 (Last visited on May 9, 2022)
[2]Ajit Awasthi, “Drug Misuse in India: Where Do We Need?” 149(6). PMC (2019) available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6755770/ (Last visited on May 9, 2022)
[3]Karen Duke, “The Engagement of Young People in Drug Specialization” Vol 28. Drugs: Education, Issue, and Policy (2020) available at: https://www.tandfonline.com/doi/abs/10.1080/09687637.2020.1763917 (Last visited on May 9, 2022)
[4]B Sharna, “Drug Abuse: Uncovering the Rural Burden in India” Vol 6 Journal of family medicine and general care (2017) available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5787955/ (Last visited on May 9, 2022)
[5]Lisa D Hawke, “What Makes Mental Health and Substance Use Services Youth-Friendly” 257 BMC Health Services Research (2019) available at: https://pubmed.ncbi.nlm.nih.gov/31029109/ (Last visited on May 9, 2022)
[6]Anuradha Mascrahens, INDIAN EXPRESS “Drug Abuse for Feel-Good Factor Rising Among Youth” available at:https://indianexpress.com/article/cities/pune/drug-dependence-for-feel-good-factor-rising-among-youth-experts-7554990/ (Last visited on May 9, 2022)
[7]Ernst Harmes, “Drugs and Youth: The Challenge of Today “(Peramorgan, New York, 4ed., 2016) available at: https://www.elsevier.com/books/drugs-and-youth-the-challenge-of-today/harms/978-0-08-017063-3 (Last visited on May 9, 2022)
[8]Yashwanth Kumar, “Handbook of Drug Abuse” (Book Enclave, 2018) available at: https://find.uoc.ac.in/Author/Home?author=Yashwanth+Kumar (Last visited on May 9, 2022)
[9]P Singh, “Drug Abuse” (Cyber Tech Publications, Delhi, 2nd ed., 2017) available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5787955/ (Last visited on May 9, 2022)
[10]Vinod Kumar vs State of Punjab, CRM-M 9327 of 2012-20
[11]Dr. Namita Sinha,” Prevalence of Drug Abuse “(Redshine Publication Private Limited, India, 2021) available at: https://recentscientific.com/sites/default/files/8342-A-2017.pdf (Last visited on May 9, 2022)
[12]Geetanjali, “Drug Abuse in India” (Centrum Press, Delhi, 2011) available at: https://timesofindia.indiatimes.com/geetanjali-is-a-drug-addict/articleshow/2337214.cms (Last visited on May 9, 2022)
[13]Mohan Jitendra, “Drug Abuse Among Child Workers” (Abhijeet Publications, New Delhi, 2021) available at: https://readersend.com/product/drug-abuse-among-child-workers/ (Last visited on May 9, 2022)
[14]Jai K Das, “Systematic View of Drug Abuse”, 59 PMC (2021) available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5026681/ (Last visited on May 9, 2022)