The purpose of this paper is to analyse the impact of "Drug trafficking on Youth of India " ,the paper focuses on presenting and mitigating root causes and addresses the psychological , economical , historical, and health consequences as India being a country which constitutes majority of the population as youth.

The emergence of darknet markets and increased use of maritime routes has posed new challenges in the fight against drug trafficking in India. It is important to address these emerging challenges with innovative solutions to ensure the well-being and safety of society and Indian youth .

Introduction

• In India, where youth constitute a substantial proportion of the population, the growing drug trafficking industry has led to increasing concerns about its impact on young people. Drug trafficking affects youth not only by making them susceptible to addiction but also to a range of social and criminal issues.
   
• The term "drug trafficking" refers to all aspects of the illegal drug trade, from the growing or processing of illicit drugs to their distribution and sale. Someone who cultivates heroin from opium plants, for instance, may be just as guilty of trafficking as the dealers who sell that finished product to the public.^[i]
   
• Drug trafficking in India is a serious issue that poses challenges to the social, economic, and political fabric of the country. The illegal trade of drugs has been a persistent problem, and it continues to evolve and become more sophisticated with new technologies and methods.
   
• Around 13 per cent of those involved in drug and substance abuse in India are below 20 years of age, which calls for stepping up community intervention and preventive mechanisms targeting adolescents, says the UN official. Children face increased risk of drug and alcohol abuse due to their poor mental and physical health resulting from violence, exploitation, and sexual abuse against them.^[ii]
   
• Peer pressure is one of the most important factors in this case, where the child in drug trafficking is in the scenario due to a push from their peers. Mostly, these groups belong to families whose financial status is inappropriate, that is, they are poor. Nine out of 10 people with drug addiction begin using substances before they turn 18.
   
• Involvement of children in crime is mostly due to socio-economic hardship and the lack of opportunities. Child trafficking, child labour, and exploitation by criminals often result in poor mental and physical health of children, leading to a high risk of drug and alcohol abuse.

Literature Review
History

• Traditionally, India has been seen as sandwiched between the Death (Golden) Crescent and Death (Golden) Triangle and is being flooded with drugs, especially heroin and methamphetamine, from these two regions by drug lords indirectly supported by intelligence setups.
• Threats from Death (Golden) Crescent: Comprises Afghanistan, Iran, and Pakistan.
  • Parts of Pakistan adjoining Afghanistan are also used by Pakistani drug traffickers to convert Afghan opium to heroin and then sent to India.
• Threats from Death (Golden) Triangle: Consists of Vietnam, Thailand, Laos, and Myanmar.
  • The Shan and Kachin provinces of Myanmar bordering China also pose challenges.
• China Factor: These heroin and methamphetamine-producing areas have porous borders and are, reportedly, under the control of rebel groups, indirectly supported by the Chinese.
  • Illicit arms are manufactured here and supplied to underground groups active in India.
• According to the latest annual report by the Narcotics Control Bureau (NCB), drug trafficking through sea routes in the Arabian Sea and the Bay of Bengal is estimated to account for around 70% of the total illegal drugs smuggled into India.
• According to the World Drug Report 2022, India has the fourth largest quantity of opium seized in 2020 at 5.2 tons and the third-highest amount of morphine was also seized in the same year at 0.7 tons.

Importance and Objective

• It is a social problem that harms youth and families, and the money it generates is diverted for disruptive activities that have bearings on national security.
   
• The global drug trade is a major problem that has put security and law enforcement agencies on high alert worldwide, including in India. Drug trafficking is often associated with other forms of crime, such as terrorism, money laundering, or corruption.
   
• Trafficking routes can also be used by criminal networks to transport other illicit products. Youth and children, being the perfect weapon for drug lords for these illegal trades, are either forced into these activities due to socio-economic hardships, flourishing illegal activities at a fast pace.
   
• In 2018, The Ministry of Social Justice and Empowerment conducted a "National Survey on Extent and Pattern of Substance Use in India" in collaboration with AIIMS, New Delhi.
  
  The survey's findings are as follows:
  • Alcohol: 14.6%
  • Cannabis: 2.83%
  • Opiates/Opioids: 2.1%
     
• Drugs and sustainable development is rooted in the contribution that the legal and illegal drug trade makes to a set of barriers to development, including:
  1. Interpersonal crime and community violence.
  2. The corruption of public servants and the disintegration of social institutions.
  3. The emergence of new or enhanced health problems.
  4. The lowering of worker productivity.
  5. The ensnarement of youth in drug distribution, keeping them away from productive education or employment.
  6. The skewing of economies to drug production and money laundering.
      
• In the last decade, there has been a 74% rise in overall cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. In the same period, the number of cases involving juveniles has more than doubled.
   
• The health impacts of drug abuse are profound, with youth facing addiction, withdrawal symptoms, and long-term physical and mental health issues.
  • The social consequences include strained family relationships, criminal involvement, and a breakdown of community structures.
  • Many youth involved in drug trafficking and abuse also experience a sense of alienation, leading to further isolation and stigmatization.
  • Substance abuse among youth leads to an array of health problems, from neurological damage and overdose risks to mental health disorders such as anxiety, depression, and psychosis.
  • The increasing use of synthetic drugs, often laced with harmful chemicals, is exacerbating these health concerns.

Hypothesis
Peer Pressure and social and economic factors are mainly the primary factors which leads the youth to join the illegal and illicit drug trade and drug abuse also making them vulnerable to addiction as well.

Rationale

• This hypothesis aims to explore the connection between drug trafficking and the factors mainly peer pressure and socio-economic factors, as peer groups and socio-economic hardships force children and youngsters into drug abuse and drug trafficking.

Narcotic Drugs and Psychotropic Substances Act, 1985

• It came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014, and 2021. The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug.
• The Act extends to the whole of India and applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
• The Narcotics Control Bureau was set up under the Act with effect from March 1986. The Act is designed to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. There are 6 Chapters and 83 Sections in the NDPS Act, 1985.

Punishment

Anyone who contravenes the NDPS Act will face punishment based on the quantity of the banned substance:

• Where the contravention involves a small quantity, with rigorous imprisonment for a term which may extend to 1 year, or with a fine which may extend to ₹10,000 (US$120), or both.
• Where the contravention involves a quantity lesser than commercial quantity but greater than a small quantity, with rigorous imprisonment for a term which may extend to 10 years and with a fine which may extend to ₹1 lakh (US$1,200).
• Where the contravention involves a commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and also a fine which shall not be less than ₹1 lakh (US$1,200) but which may extend to ₹2 lakh (US$2,400).

Case Laws:

1. State of Punjab v. Baldev Singh (1999) 6 SCC 172
   It is a landmark case in Indian criminal law, specifically dealing with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Supreme Court of India addressed crucial issues concerning the procedural safeguards during search and seizure operations under the NDPS Act. The case involved several accused, including Baldev Singh, who were found in possession of narcotic substances during a search conducted by the police. It underscored the balance between effective law enforcement and the protection of individual rights against arbitrary searches and seizures. [vii]
    
2. Union of India v. Mohanlal (2016) 3 SCC 182
   In the case, the Supreme Court of India was faced with a significant issue related to the seizure, storage, and disposal of drugs, narcotics, and psychotropic substances. However, doubts persisted about the actual adherence to this procedure, leading to concerns about the pilferage of contraband goods and their return to the market. The case was brought before the court by the Union of India, which contended that Standing Order No.1 of 1989, dated 13th June 1989. [viii]
    
3. Noor Aga v. State of Punjab (2008) 16 SCC 417
   It highlights some of the important doctrines of criminal law with special reference to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The facts and the ruling cover crucial aspects of fundamental concepts of law by the Supreme Court of India, including but not limited to burden and shares of proof, presumption of innocence, and procedural protection in drug-related crimes. The above-stated legislation was aimed at eliminating the danger of drug trafficking and the use of narcotic narcotics and psychotropic substances to impose severe sanctions on violators involved in the smuggling of such prohibited substances. However, the severe punishments required by this Act require adherence to the procedural protection measures aimed at eliminating cases of injustice. [ix]
    
4. Madan Lal and Ors. v. State of Himachal Pradesh [(2003) 7 SCC 465]
   It was held that once the possession of substances prohibited under the NDPS Act was established, it would be presumed that there was conscious possession. The person who claims otherwise would need to establish that it was an unconscious possession. Sections 35 & 54 of the NDPS Act provide statutory recognition to this position. [x]
    
5. Gurdev Singh v. State of Punjab [Criminal Appeal No. 375 of 2021]
   In this case, the Hon'ble Supreme Court observed that the persons dealing in narcotic drugs play an instrumental role in causing the deaths of the young, innocent people who are most vulnerable to drug addiction. Therefore, while awarding the sentence or punishment to the accused in the case of the NDPS Act, the poverty of the accused or the consideration that he was the sole earner in his family could not lighten his punishment/sentence. But, the quantity of narcotic substance recovered would be a relevant factor for imposing punishment higher than 10 years under Section 32B of the NDPS Act.[xi]

Methodology
This research employs a unpractical approach it through questionnaire and survey methods from colleagues and people in society giving a comprehensive understanding of the impact of Drug Trafficking on Youth of India.

Research Questions and Result
The Following questions shows the result of survey conducted answered out of 100 %:

1. Do you think peer pressure and socio-economic hardships are the main cause for Drug Trafficking among Youths?
   1. Yes 68.4 %
   2. No 0 %
   3. Maybe 31.5 %
   4. What are the main sources of routes according to you for illegal drug trade?
   6. Sea Routes 31.6 %
   7. Borders 5.2 %
   8. Both 63.2 %
2. Do you think laws and steps taken by Government of India to prevent drug abuse and trafficking amongst youngsters are effective and enough?
   1. Yes 15.8 %
   2. No 52.6 %
   3. Maybe 31.6 %
3. What according to you is the most prevalent drug among youngsters?
   1. Methamphetamine 0 %
   2. Cocaine 36.8 %
   3. Marijuana 57.9 %
   4. Heroin 5.3 %
4. Is according to you people with drug addiction have noticeable behaviour change?
   1. Yes 89.5 %
   2. No 0 %
   3. Maybe 10.5 %

Review Article

Suggestion

• India has significantly more population of young as compared to other age groups, and a significant portion of Indian youth is unaware of the long-term health and legal hardships of drug abuse and trafficking.
   
• Due to lack of education and poverty amongst them, there is a gap in drug education programs, particularly in rural areas where access to information is limited. Punjab has become one of the epicenters of drug abuse in India, with many young people addicted to heroin and other narcotics.
   
• Though India has strict anti-drug laws, including the Narcotic Drugs and Psychotropic Substances Act (1985), enforcement remains a challenge. Corruption, inadequate law enforcement resources, and the vast geographical expanse of the country make it difficult to combat drug trafficking effectively. Better coordination between the states is needed to tackle this situation with increased border security checks both at land and sea routes.
   
• Education and community awareness programs should be run from time to time to widely prevent this illegal drug trafficking as well as abuse from a young age in schools and other institutions. The rehab facilities should also be improved to encourage the youngsters who need help.

Conclusion

• Drug abuse and trafficking is an alarming issue in India, especially among youngsters, as India is a youth-majority country. Due to poverty, kids are taken into illicit drug trades, resulting in legal consequences due to the activity being criminal in nature.
   
• While the Government of India is working on prevention and tackling the issue, more needs to be done in terms of prevention, education, and rehabilitation. Addressing the root causes of drug abuse, such as socioeconomic inequality, lack of mental health support, and peer pressure, is essential in curbing the problem.

Youth is an important resource of India which should be polished by rehabilitating the needful and through spreading education .

End Notes:

1. https://legaldictionary.net/drug-trafficking/
2. https://www.newindianexpress.com/nation/2022/Nov/17/13-per-cent-of-drug-abuse-victims-in-india-below-20-years-says-un-official-2519260.html
3. https://www.drishtiias.com/daily-updates/daily-news-analysis/drug-trafficking-and-treat-to-security
4. https://www.sciencedirect.com/science/article/abs/pii/S0955395906002556
5. https://www.indiatoday.in/diu/story/india-narcos-moment-more-kids-drawn-to-drugs-cases-involving-juveniles-rise-1861193-2021-10-05
6. Narcotic Drugs and Psychotropic Substances Act, 1985 - Wikipedia
7. The State of Punjab v. Baldev Singh etc. etc. (1999) 6 SCC 172 - Legal Vidhiya
8. Union Of India vs Mohanlal & Anr on 28 January, 2016 – Case Summary – LAWFYI.IO
9. Noor Aga v. State of Punjab and Ors. (2008) 16 SCC 417 - Legal Vidhiya
10. Madan Lal And Anr vs State Of Himachal Pradesh on 19 August, 2003
11. Gurdev Singh And Ors vs State Of Punjab on 11 October, 2021

Written By:

• Aman Kartik Sharma, a Student of the University College of Law, Mohan Lal Sukhadia University (MLSU).
• Kiran Regar, a student of University College Of Law, Mohan Lal Sukhadia University (MLSU)
• Chirag Joshi, a student of University College Of Law, Mohan Lal Sukhadia University (MLSU).