Juvenile Drug Delinquency in India: Socio-Economic Determinants and Policy Gaps

Juvenile drug delinquency represents a mounting challenge for India’s justice system, situated at the complex intersection of criminal law, social policy, and child rights. While the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, enforces a rigidly punitive stance, the Juvenile Justice (Care and Protection of Children) Act, 2015, embodies a reformative philosophy. This doctrinal friction fundamentally implicates Article 21 of the Constitution and India's obligations under the UN Convention on the Rights of the Child, creating systemic inconsistencies in the treatment of vulnerable youth. Furthermore, neither framework adequately addresses the socio-economic determinants—such as poverty, family disintegration, and educational exclusion—that push children into substance abuse. Although National Crime Records Bureau (NCRB) data reveal rising juvenile involvement in drug-related offences, this paper identifies a critical data deficit obscuring the underlying socio-economic and psychological vulnerabilities of these minors. Drawing upon criminological theories, qualitative sociology, and comparative international models—including Portugal's dissuasion approach and U.S. juvenile drug courts—this study critically evaluates the gaps in India's legal responses. Crucially, it assesses the institutional challenges of transplanting these international frameworks into India's resource-constrained child protection infrastructure. The analysis concludes by proposing specific statutory amendments to harmonize the NDPS and JJ Acts, advocating for a paradigm shift from punitive criminalisation to a holistic, child-centric policy anchored in socio-economic rehabilitation, preventive education, and restorative justice.