When Protection Becomes Persecution: Vulnerable Minors in Post-Prohibition Bihar, India

Prof. Sakshi Vijay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, India

Introduction

Policy interventions, while well-intentioned, can result in unintended consequences, with disproportionate impacts on vulnerable populations. In the context of alcohol prohibition in Bihar, this study explores the experiences of minors struggling with substance abuse within the criminal justice system by examining the causes and consequences of the massive rise in substance use post-prohibition. The research also highlights the structural deficiencies and institutional failures within the criminal justice system that further marginalise an already vulnerable population.  This study is part of a broader research project examining the impact of the alcohol ban on minors.

Bihar, one of India’s poorest and least-educated states, faces widespread unemployment, poverty, and systemic failures in welfare programmes due to corruption and structural deficiencies (Jha, 2024a; Jha, 2024b). This has fostered a pervasive sense of hopelessness, creating fertile ground for substance abuse (Kumar, 2025).

Background

The rise in cases of substance abuse is closely linked to the illegal alcohol trade that flourished following the implementation of the Bihar Prohibition and Excise Act (BPEA), 2016 (Verma, 2025).

Children are heavily involved in the illegal alcohol trade, primarily working as couriers and transporters. They are often deliberately employed by bootleggers to exploit legal loopholes and avoid harsher penalties. For example, under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA), children in conflict with the law are more likely to secure bail and face rehabilitative or comparatively lenient measures, in contrast to the harsher penalties imposed on adults under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the BPEA 2016.

Post-prohibition, many individuals turned to drugs as alternatives, as these substances are more affordable and accessible, easier to consume, and produce less visible effects than alcohol. Consequently, drug use expanded and became increasingly available to anyone who could afford it, including minors (Kumar, 2025; Prasad and Chandramohan, 2025).

Children as young as 12 years old are addicted to substances, with prevalence significantly higher among boys than girls (Sakshi, 2025). Motivations for substance use are varied among minors, including stress relief, exhaustion from work, hunger suppression, experimentation, peer pressure and exposure to addiction within families and communities (Thomas,2013).  Commonly consumed substances include cannabis, opioids such as heroin and brown sugar (adulterated heroin), chemicals such as thinner and adhesive. However, there is an increasing shift towards synthetic drugs like methamphetamine, prescription medications and their adulterated concoctions that are sold around Rs 100-200 per dose (Kumar, 2025; Verma, 2025). The growing use of injectable drugs has led to an increase in diseases such as HIV and hepatitis, largely because needles are often shared by multiple users (Prasad and Chandramohan, 2025).

With soaring demand, Bihar is becoming a drug ‘consumption hub’, supplied through multiple domestic supply chains from across India, as well as internationally from Nepal and Myanmar. (Kumar, 2025). Drug dealers lure children with free drugs, creating dependency and turning them into regular users and, in many cases, sellers or couriers, incentivised by cash or drug shares (Kashyap, 2024; Prasad and Chandramohan, 2025). To sustain their habit, many minors engage in petty crimes such as theft, chain-snatching, and burglary (Yadav, 2022; Kaul and Lakhera, 2024).

Methodology
The study employs a qualitative methodology, drawing on both primary and secondary data. Given the topic’s sensitivity and access challenges, purposive and snowball sampling methods were employed. Primary data were collected through field visits and semi-structured, in-depth interviews with three categories of respondents: (i) juvenile justice functionaries, including police, legal practitioners (including legal aid counsel), and members and staff of the Juvenile Justice Board (JJB); (ii) social workers; and (iii) parents or acquaintances of children. Secondary data were drawn from online news reports, institutional and non-governmental organisation reports, and relevant legal documents. Primary interview findings were validated through triangulation with secondary sources that revealed strong consistencies across findings, and data saturation was achieved early.

Findings

Cases of substance use span across socio-economic groups; however, its most severe consequences disproportionately affect children from socio-economically disadvantaged backgrounds and working-class families. Incidents of self-harm, suicide, and substance-related deaths are most common in this group. Nonetheless, in recent years its prevalence has risen among children from middle- and upper-class backgrounds.  In many cases, when children in conflict with the law are apprehended with drugs or alcohol, either they or their parents are compelled to pay bribes in exchange for release. Such informal settlements are preferred by middle- and upper-class families seeking to avoid reputational harm (Kumar 2025) and social stigma, while those arrested dominantly come from marginalised socio-economic backgrounds. Children released after paying bribes frequently relapse into drug use due to the absence of counselling and addiction interventions.

In practice, the provisions of the JJA are routinely violated. Many respondents, particularly those working in legal aid, argued that unlawful detention is frequently used to circumvent statutory safeguards, and children are subjected to verbal and physical abuse. Minors who use substances are often dismissed as merely being under the influence, leaving them neglected and vulnerable to harassment and exploitation. Withdrawal symptoms often intensify during police custody and within juvenile correctional facilities such as observation homes, special homes, and places of safety. Many children, particularly those addicted to synthetic drugs, experience severe mental and physical distress and are often unable to speak coherently, making it difficult to document their cases or accurately present their accounts.

Under the JJA, each district is required to have an observation home. According to the Government of India, Ministry of Women and Child Development (2023), there are only 20 observation homes in Bihar out of the total 38 districts.

The conditions of observation homes are relatively better in and around the state capital, Patna, but are significantly worse in remote districts. Most correctional and rehabilitative facilities are dysfunctional, characterised by poor hygiene, inadequate infrastructure, and a lack of basic necessities. Even better-functioning facilities struggle due to absent institutional mechanisms and essential services, including a shortage of doctors, medical staff, addiction-related medicines, and diagnostic mechanisms, along with an absence of counselling environments that ensure privacy and anonymity. (Dutta, 2020). In the absence of such safeguards, children are unable to disclose their experiences and do not feel adequately supported.

In a recent hearing of the Patna High Court, it was noted that at least 17 districts in Bihar lack fully functional observation homes (Pandey, 2025). Most observation homes and shelters are overcrowded, often accommodating twice their intended capacity. The staff are typically overworked and lack adequate resources, resulting in further delays in assessment and interventions. There is also little coordination among institutions, with no feedback from rehabilitation centres to the correctional facilities.

At the same time, the incidents of physical and sexual abuse perpetrated by both staff and inmates in these facilities (Haque, 2014), particularly in shelter homes that are run by nongovernmental organisations (Sagar, 2020; Singh, 2018). In many facilities, children accused of petty offences are housed alongside those charged with heinous crimes, exposing vulnerable minors to hardened offenders. In such cases, rather than serving a rehabilitative purpose, these institutions function as sites of further criminalisation (Gowda, 2024). These systemic failures undermine the rehabilitative mandate of the JJA.

Discussion

Drug addiction, exacerbated by implementation failures of JJA, as well as structural gaps and institutional shortcomings within Bihar’s criminal justice system not only undermines rehabilitation but also perpetuates marginalisation, leaving addicted minors trapped in cycles of abuse, crime, and institutional violence. This study focuses on the overarching experiences of individuals within the criminal justice system; however, more gender-centred research is needed. In particular, the widespread lack of properly functioning correctional and rehabilitation facilities is a core concern that requires immediate attention, as these rehabilitative spaces often become sites of further trauma. A robust monitoring mechanism is necessary, especially for shelter homes run by non-governmental organisations. In recent years, many non-governmental de-addiction centres have emerged. However, affordability remains a significant issue; a dedicated state-level de-addiction program is required, particularly in collaboration with Juvenile Justice Boards.

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