State, Child and the Law

 CHILDREN anywhere around the world, form the most intrinsic part of the society. The construct of the word ‘child’ across societies is such that it has led to be a value laden term. There are so many attributes to the nature of the child, across societies that it has given children a certain straight jacket formula of the values that they need to possess. Innocence, gullibility, mirth, incapability, dependability, energetic, timidity, generous are some of the terms that conjure up the mind when we talk about children. Most of these attributes are considered to be signs of vulnerability and weakness in the big bad world. It gives a sense of superiority and a protectionist attitude to the grown-ups. This in turn sometimes renders the child agency less. History is proof enough of the fact that the child has battled this understanding and is now being seen as exerting rights as individuals. It is indeed interesting to note that family, which is essentially termed as the most basic unit of the society, is almost always found to be incomplete without the presence of the child. It is rather peculiar to note that family finds hope of taking it forward in this weak human being. This pattern of hope building then has a snowballing effect which leads nations and societies to believe that children are entities that herald hope, growth, and betterment for the future generations to come. Therefore, it could be easily established that a child augurs a better future for the world. It is for this sole reason that we as a world community are relentlessly trying to protect the child. In an attempt to protect the child there are three variables that come into play almost immediately: State, family and child. The first two variables obviously act as the protectors and are in a constant tussle to protect the third from turning into a truant or delinquent. And in doing so it tries to eradicate one of the root causes of such truancy or delinquency i.e. substance abuse. The world sees substance abuse as an evil which has to be nipped in the bud, which it should. Substance abuse has been defined by WHO as follows:

Substance abuse refers to the harmful or hazardous use of psychoactive substances, including alcohol and illicit drugs. Psychoactive substance use can lead to dependence syndrome - a cluster of behavioral, cognitive, and physiological phenomena that develop after repeated substance use and that typically include a strong desire to take the drug, difficulties in controlling its use, persisting in its use despite harmful consequences, a higher priority given to drug use than to other activities and obligations, increased tolerance, and sometimes a physical withdrawal state.

 It is pertinent to mention here that the problem of substance abuse is often quoted to be one of the main causes of physical, social, moral degradation of the victim and it also leads to the economic degradation of the victim abuser and sometimes his/her family. Therefore, the state and the family remain in constant pursuit to save the child from this menace. It has been obvious throughout history that the state in the form of administrative or legal policies has always tried to protect the child from it. There has never been any two ways about it. The sentiment regarding this problem has remained the same across societies and statuses of nations. Indian Legislations in the form of juvenile laws have always had laws which have declared acts as offences which have led to the habit of substance addiction. While drafting the present juvenile legislation Smt. Maneka Gandhi (erstwhile minister for the Department of the Women and Child Development) had stated to Mr. J.P. Nadda, (erstwhile Minister for Health and Family Welfare) that the reason for insertion of this offence was that she “was conscious of the sinister designs of tobacco industry to target vulnerable children as their new consumers.” But the problem with these laws has been that in order to protect young people from the peril of substance abuse, we as a nation need to realize that we may be doing more harm than good. The law should be such that it takes the causes and experiences in the form of harsh realities on board. This should be objective of the law makes in achieving the desired objective.