Supreme Court of India
BACHPAN BACHAO ANDOLANversusUNION OF INDIA & ORS.
- Citation
- 2016 INSC 1124
- Decided
- 14 December 2016
- Disposal
- Disposed off
- Bench
- T S THAKUR
Holding
The Supreme Court ordered the Union Government to conduct a national survey, formulate a comprehensive national action plan for children’s substance‑abuse prevention, and incorporate relevant content into the school curriculum within prescribed time‑frames.
Summary
Bachpan Bachao Andolan filed a public‑interest writ petition under Article 32 seeking a mandamus directing the Union of India to devise and implement a national action plan to curb drug, alcohol and substance abuse among children. The Court noted the alarming rise in substance use among India’s 44 crore children and the absence of reliable data, emphasizing the need for a comprehensive survey and coordinated policy. It held that India, as a signatory to several UN drug‑control conventions, has an international obligation to protect children from substance abuse. Accordingly, the Court directed the Union to complete a national survey and create a database within six months, formulate a comprehensive national plan within four months, and incorporate specific anti‑substance‑abuse content into the school curriculum under the New Education Policy. The judgment also underscored the necessity of establishing de‑addiction centres, enforcing the Juvenile Justice (Care and Protection of Children) Act, 2015 provisions, and ensuring inter‑sectoral coordination. The petition was disposed of after issuing these directions.
Issues considered
- Whether the Union of India is obligated under Article 32 to formulate a national action plan for preventing substance abuse among children.
- Whether the lack of reliable data on child substance abuse necessitates a national survey and database.
- Whether existing statutes, including the Juvenile Justice (Care and Protection of Children) Acts, 2000 and 2015, provide a basis for mandating de‑addiction centres and reporting duties.
- Whether India’s international obligations under UN drug‑control conventions require domestic legislative and policy measures.
Legislation cited
- Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
- Convention on Narcotic Drugs, 1961
- Convention on Psychotropic Substances, 1971
- Convention on the Rights of the Childs. Article 33
- Juvenile Justice (Care and Protection of Children) Act, 2000s. 25, s. 2(d)(vi)
- Juvenile Justice (Care and Protection of Children) Act, 2015s. 2(14), s. 77, s. 78
- SAARC Convention on Narcotic Drugs and Psychotropic Substancess. Article 12
- Single Convention on Narcotic Drugs, 1961s. Article 38
Subjects
child rightssubstance abusedrug policynational action planjuvenile justicepublic interest litigationArticle 32UN conventionseducation policyde‑addiction centres
Judgment
[2016) 12 S.C.R. I54
A BACHPAN BACHAO ANDOLAN
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 906 of20I4)
B DECEMBER I 4, 20 I 6
[T. S. THAKUR, CJI, A.M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Public Interest Litigation - Substance abuse - lndi_a home to
largest child population ilr the world - Alarming increase in use of
c drugs and alcohol among children in India - Writ petition seeking
mandamus to Union of India to formulate and implement a national
action plan for children on the issue of drugs, alcohol and
substance abuse amongst children - Held: Protecting children from
wide-spread prevalence of substance abuse is one of the biggest
D policy challenges facing India - India being a signatory to United
Nations Conventions, having bearing on the issue, has an
international obligation to curb drug abuse - Comprehensive
formulation of a National Plan/Policy is needed forming the basis
of co-ordinated intervention by the Union and State governments -
On the basis of existing policy framework of Union government as
E
evidenced by material on record, directiom issued addressing three
systemic issues, to enforce obligations under the existing legislative
and administrative framework - (i) Complete a national survey
and generate a national data base within a period of six months;
(ii) Formulate ·and adopt a comprehensive national plan within four
F months; and (iii) Adopt specific content in the school curriculum
under the aegis_ of New Education Policy - Convention on Narcotic
Drugs, 1961 - Convention on Psychotropic Substances, 1971 -
Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988 - Single Convention on Narcotic
G Drugs of 1961 - Art.38 - SAARC Convention on Narcotic Drugs
and Psychotropic Substances - Art. 12 - Convention on Rights of
Child -Art. 33 - Juvenile Justice (Care and Protection of Children)
Act, 2000 - s.2(d)(vi) - Juvenile Justice (Care and Protection of
Children) Act, 2015 - ss.2(14)13177178.
Writ petition was instituted under Article 32 of the Constitution
H
154
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 155
in public interest for enforcing the fundamental rights of children suffering A
from and involved in substance use and abuse.
Disposing of the writ petition with directions, the Court
HELD: 1.1 India is home to the largest child population in
the world with over forty-four crore children, according to the
census of 2011. Among this, twenty-four crore children B
constituting-twenty-four percent of the population of the country
are adolescent. They constitute a vulnerable age group for social,
educational, moral and physical development. Protecting children
from wide-spread prevalence of substance abuse is one of the
biggest policy challenges facing India. Recent reports both of c
official and private agencies indicate that there has been a
substantial increase in the prevalence of use and abuse of
substances in young children. (Para 2] (157-G-H; 158-A]
1.2 What is needed is a comprehensive formulation of a
National Plan which will form the basis of co-ordinated
intervention by the Union and State governments together with
their agencies in collaboration with expert institutions at the
national and international levels having a bearing on the issue.
[Para 41 [165-B-CJ
2.1 A counter affidavit has been filed in these proceedings E
on behalf of the Union Ministry of Social Justice and
Empowerment. Surprisingly, the affidavit indicates that there is
no authentic data on the number of victims of substance abuse
in India. Generation of reliable data is an essential requirement
of a policy aimed at curbing substance abuse. In the absence of
accurate data at a national, state and sectoral level, policy F
interventions can at best remain ad hoc. For, in the absence of
data there will be no realistic assessment of the nature and extent
of policy interventions required having regard to (i) vulnerable
states and regions; (ii) high risk populations; (iii) requirement
of infrastructure, including de-addiction centres across the states: G
(iv) requirement of trained man power; and (v) requirement of
rehabilitation, treatment and counselling services. [Paras 9, 10]
(170-A, C-D]
2.2 This is a basic deficiency which the Union Government
must redress at the earliest. The Union Government shall
H
156 SUPREME COURT REPORTS r2o 16112 s.c.R.
A expeditiously conclude the national survey on drug abuse within
a period of six months. [Para 11) [170-E)
2.3 The lJnion Government has stated that a national policy
on drug demand reduction is being finalized. The priority areas
of intervention would include capacity building and training of
B service providers with a view to build up skilled manpower,
education and awareness building at all levels and inter-sectoral
collaboration. The policy also proposes to adopt a system of
accreditation of de-addiction centres. The policy must address
the need for setting up de-addiction centres in every district
and address specific vulnerabilities particularly in the context of
c high risk populations including children. It is directed tlmt.this
exercise be completed and a national policy be formulated within
a period of six months. [Para 12] [171-F-G]
2.4 As regards the formulation of a curriculum
incorporating appropriate aspects of generating awareness and
D sensitisation, an affidavit has been filed on behalf of the
Department of Higher Education in the Union Ministry of Human
Resource Development. Directions were issued in the present
case in pursuance of which inclusion of issues relating to
eradication of alcohol and drug abuse in the New Education Policy
E was taken up. A consultative process has been initiated by the
Union Government. [Para 13] (171-H; 172-A-B]
2.5 The importance of adopting a holistic solution to deal
with issues p_ertaining to alcohol, tobacco and drug abuse in the
school curriculum has to be adequately emphasized. Since the
F entire issue is pending consideration before the government, it
would be appropriate to await the ultimate formulation. However,
the competent authorities must consider how children should
be protected from the dangers of substance abuse. The
authorities should consider how children should be sensitised
of the dangers of drug abuse, the necessity to report drug use
G and the need to develop resistance to prevailing peer and social
pressure. [Para 14) (173-E-F)
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
906of2014.
Under Article 32 of the Constitution oflndia.
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 157
H. S. Phoolka, Sr.Adv., Jagjit Singh Chhabra,Amarjit Singh Bedi, A
Bhuwan Ribhu, Ms. N. Vidya, Ms. Shilpa Dewan, Saksham Maheshwari,
Advs. for the Petitioner.
Maninder Singh,ASG., Ms. V. Mohana, Ashok Bhan, Sr. Advs.,
C. D. Singh, AAG., S. Wasim A. Qadri, Ms. Rekha Pandey, R. S. Nagar,
G. S. Makkar, D.S. Mahra, Mrs. Anil Katiyar, Dr. Sanjay Gupta, Kulbir B
Singh Malik, Ajay Singh, Dr. Sushi! Balwada, Ms. Sakshi Kakkar,
Sandeepan Pathak, Ms Anindita Pujari, Advs. for the Respondents.
The Judgment of the Court was delivered by
DR. D. Y. CHANDRACHUD, J. I. These proceedings which
have been instituted under Article 32 of the Constitution by Bach pan c
Bachao Andolan bring focus upon the alarming increase in the use of
drugs and alcohol among children in India. The petition has been instituted
in the public interest for enforcing the fundamental rights of children
particularly those suffering from and involved in substanceuse and abuse.
The petitioner seeks the intervention of this Court for a mandamus to D
the Union oflndia to formulate and implement a national action plan for
children on the issue of drugs, alcohol and substance abuse amongst
children. This must, according to the petitioner, include in its coverage
,. i§sues pertaining to identification, investigation,recovery,counselling and
. rehabilitation. This essentially is the main relief which has been sought.
Other incidentaldirections include steps to incorporate appropriate content E
in the school curriculum; creation of a coordinating body; imposing
mandatory duties for reporting drugs and substance abuse on school
principals and on the police; establishment of de-addiction centres in
every district and at the tehsil level; protecting children reporting drug
use from harm; preparation of a national database and a direction for F
the registration of cases against persons supplying tobacco, alcohol and
drugs to children. Supplemental reliefs are claimed in these proceedings.
2. India is home to the largest child population in the world with
over forty-four crore children, according to the census of2011. Among
this, twenty-four crore children constituting twenty-four percent of the G
population of the country are adolescent. They constitute a vulnerable
age group for social, educational, moral and physical development.
Protecting children from wide-spread prevalence of substance abuse is
one of the biggest policy challenges facing India. Recent reports both
of official and private agencies indicate that there has been a substantial
H
158 SUPREME COURT REPORTS [2016] 12 S.C.R.
A increase in the prevalence of use and abuse of substances in young
children. A nationwide survey was carried out on the basis of a·
representative household sample across the country as the National
Family Health Survey, 2005-0.6. The petitioner has relied upon several
reports which indicate the nature and extent of substance abuse in
children. Many of them make recomme.ndations for the formulation
B
and ilnplementation of policy.
3. In this part of the judgment, we will broadly summarize the
content of the repo11s mentioned above:
(i) Report of Planning Commission's Working Group on Adolescent
c and Youth Development, for formulation of 12•h Five Year Plan (2012-
17):
"Substance abuse among young people is on the increase.
That could be due to peer pressure or stress and frustration.
Children are not fully aware ofthe full implications of abuse
D to their healtp and to their life. Drug mafia and cartels target
,young people in cities and towns and once they are addicted,
it is an easy market for them."
(ii) Research Study by National Commission on Protection of
Child Rights (August 2013):
E The final study sample comprised of 4024 children between 5-18
years of age. The study indicates that:
" ... Of the boys aged 15-19 years (n=13,009), 28.6%
reported tobacco use and 11 % reported alcohol use.
Similarly, in the girls aged 15-19 years (n=24,8 l l ), 3.5%
F reported tobacco use and 1% reported alcohol use. It
appears to be an upward tre1~d from the previous round of
the survey (NFHS-2; 1998-99) where the prevalence of
alcohol use was found to be 2.4% for boys and 0.6% for
girls [13). Further, it appears that among those who 'drink',
a significant percentage of boys and girls are using alcohol
G
at least weekly (18.3-39.8%) or ev.en daily (3,4-
6.8%) ..... majority reported a lifetime use of variety of
substance.Tobacco at 83.2% and alcohol (68% were the
most common substance followed by cannabis (35.4%),
inhalants (34. 7% ), pharmaceutical opiods ( 18.1 %), sedatives
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 159
[DR. D. Y. CHANDRACHUD, J.]
(7 .9%) and heroin/smack (7 .9% ). A significant proportion A
(12.6%) reported use of injectable substances."
The study showed several glaring issues pertaining to the pattern
of substance abuse amongst children:
• Tobacco and inhalants ·were used almost on a daily basis,
B
·several other substances were being used on less than daily
. or intermittent basis in the past month
• The study showed that the mean age of onset was lowest
for tobacco (12.3 years) followed by onset of inhalants
(12.4years), cannabis (13.4 years), alcohol (13.6 years),
proceeding then to use of harder substances- opium, heroin
c
(14.3-14.9 years) and then finally use of substances through
injecting route (15.1 years).
• The study highlighted the regional issues and preferences.
Choice of substance showed some regional v~riations.
D
• The study also highlighted various other issues pertaining
to rehabilitation and reintegration of children in the
mainstream of society.
•Recommendations:
E
1) The study has highlighted the pressing need for initiating
programmes for prevention and treatment. There is a need
to sensitize the· state governments and all the important
stakeholders about the problem of substance use among
children in the country;
2) Prevention programmes must target multiple settings and F
multiple risk factors particularly vulnerable children such
as children of substance users, children injecting substances, ·
street children, children involved in child labour, trafficked
children, children of sex workers and any other category
most at risk; G
3)Prevention in schools should include universal prevention
programmes such as education and life skill programmes.
School going children who are at risk should have access
to professional counselling in the school setting;
H
160 SUPREME COURT REPORTS r2o 161 12 s.c.R.
A 4) There is need for availability of specialized treatment
services for children who are using· substances. These
services should be available in govemment hospitals; NGOs
funded by Ministry of Social Justice and Empowerment
(MSJE) and also by NGOs that provide services to street
children. Detoxification should be available at government
B
run de-addiction centres with rehabilitation in NGO/
Community setting with linkage with NGOs;
5) Rehabilitation efforts focussing on skill bu ii ding and
vocational training should be provided by NGOs;
c 6) Juvenile hornes and Children homes should have service
provision for substance using children through linkage with
treatment service;
7) There is need for provision of service by the TI NG Os
to children who are injecting substances. Action to be taken
D by NACO/SACS;
8) Prevention efforts must target both demand and supply
reduction efforts. Supply reduction efforts should limit
availability of tobacco and alcohol ne.ar residential areas
and schools;
E 9) Size estimation of substance using children should be
carried out in specific high risk areas, metropolitan cities
and conflict areas; and
I 0) School based surveys should be conducted at a national
level based on a representative sample.
F
(iii) Annual Report of the Ministry of Social Justice and
Empowerment (2013-2014)':
The repo11 defines "a victim of substance abuse" as a person
who is addicted to/dependent on alcohol, narcotic drugs, psychotropic
substances or any other addictive substances (other than tobacco).
G
The report states:
•Alcoholism and substance abuse is assuming an alarming
magnitude. 121h plan envisages an urgent need for effective
H 1
Relernnt part pg. 20, full report at pg. 157
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 161
[DR. D. Y. CHANDRACHUD, J.]
counter measures through programmes in convergence A
mode
• Various Central Ministries need better coordination and
convergence.
• All existing schematic and non-schematic interventions
B
made by the ministries need to be integrated under a Mission
Mode programme.
• Preventive measures need to be taken to reduce both
supply and demand and universal access to preventive
treatment and rehabilitation of alcoholism and drug abuse.
c
• Integrated Rehabilitation Centres of Addicts (IRCAs)
assisted under the scheme of assistance for the prevention
of alcoholism and substance (drugs}abuse and for social
defence services run by voluntary organizations need to be
strengthened'.
D
• Broad strategy' :
(i) The overall strategy is awareness generation,
identification, counselling, treatment and rehabilitation of
drug dependent persons though collaborative effo11s of the
Central and State Governments, Voluntary organizations and E
other national and international bodies. With a view to
reducing the demand for and consumption of addictive
substances, the thrust would be on preventive
education programmes, comprehensive recovery of
addicted persons and their reintegration into society.
F
(ii) In order to achieve the objectives of the Policy, the key
strategies will be as follows :
)">To evolve appropriate models for the prevention of
alcoholism and substance abuse, treatment and rehabilitation
of drug dependent individuals; G
)">To promote collective initiatives and self-help endeavour
among individuals and groups vulnerable to dependence or
found at risk;
2
Page 167
3
Page no. 175 onwards H
162 SUPREME COURT REPORTS [2016] 12 S.C.R.
A ~To increase community participation and public
cooperation in the reduction of demand for dependence-
producing substances;
~To create a pool of trained human resources personnel
and service providers to strengthen the service delivery
8 mechanisms;
~To establish and foster appropriate synergy between
interventions by the State, corporate initiatives, the
voluntary sector and other stakeholders in the field of
substance abuse prevention;
c ~To facilitate networking among policy planners, service
providers and other stakeholders with an aim to encourage
appropriate advocacy;
~To promote and sustain a system of continuous
monitoring and evaluation including self-correctional
D mechanism.
·(iii) It is the aim of the draft National Policy to strive for a
· society where use of intoxicating drugs is discouraged
through awareness generation and prevention, directed
towards the young and adolescents-helping individuals make
E appropriate choices and stay away from drugs. Persons
dependent on substance abuse will be encouraged to give
up drugs through a continuum of care and treatment services.
Reducing the demand for addictive substances with the
active support of all stakeholders, including governmental
and civil society organizations, is the goal.
F
(iv) While recognizing the need for services, it is also
necessary to increase the range of services and the access
to various modalities of interventions for prevention,
treatment, rehabilitation with a focus on the poor and
marginalized sections of the society. Special attention would
G
be provided to groups at high risk.
(v) School children are highly impressionable and are
influenced largely by the peer group behaviour. Appropriate
interventions in the form of curricular/co-curricular contents
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 163
[DR. D. Y. CHANDRACHUD, J.]
will be put in place in the schools and colleges for awareness A
generation. Interventions will be evidence based and
supported by sustainable strategies.
(vi) Street children/adolescents have always been
vulnerable to abuse of certain drugs like pharmaceuticals,
solvents,inhalants, etc. They donot have access to health B
care and there is a total lack of preventive initiatives for
these children as they are cut off from school systems and
community programmes, which are the general vehicles for
such interventions. Curbing the sale and abµse of
pharmaceutical and other such substances, including
solvents, glue etc, will be an important element of the policy. c
Rights of the children are to be respected and protected. "
The National Commission for Protection of Child Rights
(NCPCR) visualises a rights-based perspective flowing into
National Policies and Programmes, along with nuanced
responses at the State, District and Block levels, taking care D
of specificities and strengths of each region.
(vii) Facilities exclusively for such adolescents should be
provided. The essential requirements for them include
psycho-social support, life skill training, nutrition and health
facilities, educational and formal training, recreational E
facilities including sports and referral services. Protective
measures will be met through night shelters/drop-in centres
and easy access to health services including counselling
andde-addiction facilities. Police and judiciary should be
· sensitized about these issues.
F
(viii) Women and young girls are affected by drug and
alcohol abuse in various ways. They suffer the economic,
social and physical consequences as partners of male drug
users. Some of them may themselves become addicted,
increasing their vulnerability for this population sub-groups.
G
(ix) Recognizing the close nexus between substance abuse
and HIV/AIDS and the fact that drug injecting person is
vulnerable to HIV I AIDS, the National Policy envisages that
the population at risk will be sensitized to the threat of and
wherever necessary, treated for screening and identification
H
164 SUPREME COURT REPORTS r20l6l 12 S.C.R.
A for HIV/AIDS. Drug demand reduction and HIV/AIDS
prevention programmes will be synergized to address the
spread of HIVI AIDS amongst substance abusers.
(x) There will be three different levels of the substance
abuse intervention strategy as follows :
B Primary prevention encouraging abstinence by
generating awareness;
Secondary prevention to facilitate the process of
behaviour change of high-risk individuals, early
identification, treatment and counselling of affected
c individuals;
Tertiary prevention by providing rehabilitation and
reintegration of recovering persons into the social mainstream.
Broad Strategy:
D • Preventive education & awareness building by multiple
agencies
• Comprehensive package for recovery of affected
individuals
E • Increase range of services
•Develop multiple modalities of interventions
(iv) National Policy on Narcotic Drugs and Psychotropic
Substances (NDPS) drafted by the Ministry of Finance, Depament of
Revenue:
F
The Policy has attempted to curb the menace of drug abuse and
contains provisions for treatment, rehabilitation and social reintegration
of victims of drug abuse:
•In Para 55 of the policy, special emphasis is made to stop
the menace of drug abuse amongst children e.g.- local police
G
should pay special attention to areas surrounding schools
and colleges; schools and colleges to conduct surveys to
assess the level of addiction; educational authorities to
include a mandatory and comprehensive chapter on drug
abuse and illicit trafficking and its social-economic cost.
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 165
[DR. D. Y. CHANDRACHUD, J.]
The policy, in its Annexure includes a time bound and specific A
Plan of Action. The policy has prepared a 'Plan of Action'
with regard to the following recommendations: National Drug
Control System, National Survey on Drug Abuse, Demand
Reduction Activities, Supply Reduction Activities, Control
oflicit cultivation of opium poppy and production of opium,
B
etc.
4. We find that there have been numerous statements of policy,
by different arms of the government. What is needed is a comprehensive
formulation of a National Plan which will form the basis of co-ordinated
intervention by the Union and State governments together with their
agencies in collaboration with expert institutions at the national and
c
international levels having a bearing on the issue.
5. United Nations Conventions
A. India is a signatory to three United Nations Conventions,having .
a bearing on the issue : D
I. Convention on Narcotic Drugs, 1961;
2. Convention on Psychotropic Substances, 1971;
3. Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988.
E
India has an international obligation to curb drug abuse. The United
Nations General Assembly, in its 20th Special Session in 1998, has
accepted demand reduction as an indispensable pillar of drug control
strategies. The demand reduction strategy consists of education,
treatment, rehabilitation and social integration of drug dependent persons
for prevention of drug abuse.
F
B.Article 38 of the Single Convention on Narcotic Drugs of 1961,
suggests the following measures against the abuse of drugs :
I. "The Pa11ies shall give special attention to and take all
practicable measures for the prevention of abuse of drugs G
and for the early identification, treatment, education, after-
care, rehabilitation and social reintegration of the persons
involved and shall co-ordinate their efforts to these ends.
2. The Parties shall as far as possible promote the training
of personnel in the treatment, after-care, rehabilitation and H
166 SUPREME COURT REPORTS [2016] 12 S.C.R.
A social reintegration of abusers of drugs.
3. The Parties shall take all practicable measures to assist
persons whose work so requires to gain an understanding
of the problems of abuse of drugs and of its prevention, and
shall also promote such understanding among the general
B public if there is a risk that abuse of drugs will become
widespread."
C. Article 12 of SAARC Convention on Narcotic Drugs and
Psychotropic Substances•:
Measures to eliminate illicit demand for Narcotic drugs and
c psychotropic substancesare set out as follows :
1. Each Member State shall take appropriate measures to
prevent illicit cultivation of and to eradicate plants containing
narcotic or psychotropic substances, such as opium poppy,
coca bush and cannabis plants, cultivated illicitly in its
D territory.
2. The Member States may cooperate to increase the
effectiveness of eradication efforts. Towards this end,
Member States shall also facilitate the exchange or scientific
and technical information and. the conduct of research
E concerning eradication.
3. The Member States shall adopt appropriate measures
aimed at eliminating or reducing illicit demand for narcotic
drugs and psychotropic substances, with a view to reducing
human suffering and eliminating financial Incentives for illicit
F traffic.
4. The Member States may also take necessary measures
for early destruction or lawful disposal of the narcotic drugs,
psychotropic substances and substances listed in Table I
and Table II of the I 988 U.N. Convention, which have been
G seized or confiscated.
D. Article 33 of the Convention on Rights of Child provides as
follows:
"States Parties shall take all appropriate measures, including
'Article 12. SAARC Convention on Narcotic Drugs and Psychotropic Substances
H
Bi\CHPAN BACHAO ANDOLAN v. UNION OF INDIA 167
[DR. D. Y. CHANDRACHUD, J.]
legislative, administrative, social and educational measures, A
to protect children from the illicit use ofnarcotic drugs and
psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in
the illicit production and trafficking of such substances."
E. The high-level segment of the fifty-second session of the B
Commission on Narcotic Drugs was held on 11 and 12 March 2009 to
evaluate progress made since 1998 towards meeting the goals and targets
established at the twentieth special session of the General Assembly
for
I. Countering the world drug problem together; c
2. To identify future priorities and areas requiring further action
and goals and targets to be established for drug control beyond 2009;
3. To adopt a political declaration and other measures to enhance
international cooperation.
D
The member states pledged to adopt a political declaration and
plan of action on international cooperation towards an integrated and
balanced strategy to counter the world drug problem. The member states
reaffirmed that the ultimate goal of both demand and supply reduction
strategies and sustainable development strategies is to minimize and
eventually eliminate the availability and use of illicit drugs and E
psychotropic substances in order to ensure the health and welfare of
humankind and encourage the exchange of best practices in demand
and supply reduction, and emphasize that each strategy is ineffective in
the absence of the other. They further agreed that amphetamine-type
stimulants and psychotropic substances continue to pose a serious and
F
constantly evolving challenge to international drug control efforts, which
threatens the security, health and welfare of the population, especially
youth, and requires a focused and comprehensive national, regional and
global response, based on scientific evidence and experience, in an
international and multi-sectoral setting.
G
6. The situation is compounded by the fact that children are being
encouraged to become drug peddlers, once a child is addicted to drugs.
Parliamentary intervention
7. Legislative interventions since 2000 have brought focus on the
H
168 SUPREME COURT REPORTS [2016] 12 S.C.R.
A vulnerabilities of children, particularly in the context of substance abuse.
The Juvenile Justice (Care and Protection of Children) Act, 2000 defined
the expression "child in need of care and protection" to include" ... a
child who is being or is likely to be grossly abused, tortured or exploited
for the purpose of sexual abuse or illegal acts ... " (Section 2(d)(vi)).
B Section 25 provided penalties in the fol lowing terms :
"Section 25. Penalty for giving intoxicating liquor or narcotic
drug or psychotropic substance to juvenile or child:
Whoever gives, or causes to be given, to any juvenile or the
child any intoxicating liquor in apublic place or any narcotic
c drug or psychotropic substance except upon the order of
duly qualified medical practitioner or in case of sickness
shall be punishable with imprisonment for a term which may
extend to three years and shall also be liable to fine."
8. Parliament enacted the Juvenile Justice (Care and Protection
D of Children) Act, 2015 which received the assent of the President on 31
December 2015. The expression 'child in need of care and protection'
is defined in clauses (viii), (ix) and (x) of Section 2(14) as follows:
"Section 2( 14).Child in need of care and protection" means
a child-
E
***
(viii) who has been or is being or is likely to be abused,
tortured or exploited for the purpose of sexual abuse or
illegal acts; or
F (ix) who is found vulnerable and is likely to be inducted into
drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable
gains."
Sectio.n 3 enunciates the general principles to be followed in the
G administration of the Act. Among them are:
(i) Principle of presumption of innocence;
(ii) Principle of dignity and worth;
(iii) Principle of participation;
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 169
[DR. D. Y. CHANDRACHUD, J.]
(iv) Principle of best interest; A
(v) Principle of family responsibility;
(vi) Principle of safety;
(vii) Positive measures;
(viii) Principle ofnon-stigmatising semantics; B
(ix) Principle of non-waiver of rights;
(x) Principle of equality and non-discrimination;
(xi) Principle ofright to privacy and confidentiality;
(xii) Principle of institutionalisation as a measure of last
c
resort;
(xiii) Principle of repatriation and restoration;
(xiv) Principle of fresh start;
(xv) Principle of diversion; D
(xvi) Principles ofnaturaljustice.
Sections 77 and 78 provide penalties in the following terms:
"77. Whoever gives, or causes to be given, to any child any
intoxicating liquor or any narcotic drug or tobacco products E
or psychotropic substance, except on the order of a duly
qualified medical practitioner, shall be punishable with
rigorous imprisonment for a tenn which may extend to seven
years and shall also be liable to a fine which may extend up
to one lakh rupees.
F
78. Whoever uses a child, for vending, peddling, carrying,
supplying or smuggling any intoxicating liquor, narcotic drug
or psychotropic substance, shall be liable for rigorous
imprisonment for a term which may extend to seven years
and shall also be liable to a fine up to one lakh rupees."
G
The 2015 Act provides the legal framework. Stringent punishments
have been provided. What is required is proper administrative
implementation.
The need for a national data base
H
170 SUPREME COURT REPORTS [2016] 12 S.C.R.
A 9. A counter affidavit has been filed in these proceedings on behalf
of the Union Ministry of Social Justice and Empowerment. Surprisingly,
the affidavit indicates that there is no authentic data on the number of
victims of substance abuse in India. According to the Union Government,
.the figures quoted in the report of the Ministry of 2013-14 are only an
approximation. In order to build a reliable 'database, a decision was
B
taken to conduct I} detailed round of national survey through the National
Sample Survey Association (NSSO). NSSO expressed its inability to
conduct the survey. The Ministry is stated to have approached the All
India Institute of Medical Sciences for conducting a national survey on
the extent, trend and pattern of drug abuse. n
c I 0. Generation of reliable data is an essential requirement of a
policy aimed at curbing substance abuse. In the absence of accurate
data at a national, state and sectoral level, policy interventions can at
best remain ad hoc. For, in the absence of data there will be no realistic
assessment of the nature and extent of policy interventions required
D having regard to (i) vulnerable states and regions; (ii) high risk populations;
(iii) requirement of infrastructure, including de-addiction centres across
the states: (iv) requirement of trained man power~and (v) requirement
ofrehabilitation, treatment and counselling services.
11. This is a basic deficie.ncy which the Union government must
E redress at the earliest.We direct that the Union Government shall
expeditiously conclude the national survey on <;!rug abuse within a period
of six months from today.
Immediate concerns
The immediate areas requiring remedial attention have been
F summarized below :
(i) Formulation of a national action plan for children;
(ii) Creation ofa module containing an appropriate curriculum for
children of all age groups in order to keep them away from drugs,
alcohol and tobacco;
G
(iii) Setting up of de-addiction centres;
(iv) Establishing a standard operating procedure on enforcing the
provisions of the Juvenile Justice (Care and Protection of Children)
Act, 2015 particularly Sections 77 and 78; and
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 171
[DR. D. Y. CHANDRACHUD, J.]
(v) Implementing the action plan with the national policy on A
narcotic drugs and psychotropic substance which has been
approved by the Union Cabinet.
The counter affidavit addresses the steps taken by MSJE thus : ·
"The Ministry implements Central Sector Scheme' of
Assistance for Prevention of Alcoholism and Substance B
(Drugs) Abuse under which financial assistance is provided
to NGOsNoluntary organizations for running Integrated
Rehabilitation Centres for Addicts (IRCAs), organizing de-
addiction camps and conducting awareness programmes,
about the ill effects of Alcoholism and Substance (Drugs) c
Abuse on the individual, family, workplace and the society
at large. Af.present the Ministry gives financial assistance
to approximately 400 Integrated Rehabilitation Centres for
Addicts (IRCAs), which are spread, all over the country,
These IRCAs aim at enabling the addict to achieve total
assistance and improve their quality of life. The IRCAs D
prqyide the whole range of community based services for
the identification, motivation, counselling, de-addiction, after ·
case and rehabilitation for whole person recovery (WPR)
of addicts to make a person drug free, crime free and
gainfully employced." E
The real need is to ensure the formulation of a National Plan so
that all interventions are in accordance with a properly fonnulated
national policy framework.
12. The Union Government has stated that a national policy on
drug demand reduction is being finalized. The priority areas of intervention F
would include capacity building and training of service providers with a
view to build up skilled manpower, education and awareness building at
all levels and inter-sectoral collaboration. The policy also proposes,to
adopt a system of accreditation of de-addiction centres. The policy
mustin our view address the need for setting up de-addiction centres in
G
every district and address specific vulnerabilities particularly in, the
context of high risk populatiqns including children. We direct that this
exercise be completed and that a national policy be formulated within a
period of six months from today.
13. As regards the formulation of a curriculum incorporating
H
172 SUPREME COURT REPORTS [20161 12 S.C.R.
A appropriate aspects of generating awareness and sensitisation, an
affidavit has been filed on behalf of the Department of Higher Education
in the Union Ministry of Human Resource Development. On 4
December 2016 directions were issued in the present case in pursuance
of which inclusion of issues relating to eradication of alcohol and drug
abuse in the New Education Policy was taken up. A consultative process
B
has been initiated by the Union Government. A committee was constituted
on 31October2015 forthe evolution ofa New Education Policy (NEP).
Out of33 themes identified, 2 themes of school education are titled: (i)
comprehensive education - ethics, physical education, arts and crafts;
life skills; and (ii) focus on child health.This, it has been stated, would
c cover "the implied importance of the inclusion of issues pertaining to
eradication of alcohol and drug abuse in the NEP." MSJEhas
recommended tobacco and education on drug abuse within two of the
above themes. This has been placed before the Committee. The court
is informed thatthe Committee indicated on 30 December 2015 that the
theme relating to eradication of alcohol and drug abuse will be included
D
in its recommendations.
14. The impo11ance of adopting a holistic solution to deal with
issues pertaining to alcohol, tobacco and drug abuse in the school
curriculum has to be adequately emphasized. We are of the view that
since the entire issue is pending consideration before the government, it
E
would be appropriate to await the ultimate formulation.However, we
may indicate that ratner than resting on an "imp Iied inclusion" of such
an important subject within anextant head or topic, it would be appropriate
ifthe competent authorities consider how children should be protected
from the dangers of substance abuse. These are matters which should
F not be brushed under the carpet. The authorities should consider how
children should be sensitised (having due regard to the age and stage of
the child) of the dangers of drug use, the necessity to report drug use
and the need to develop resistance to prevailing peer and social pressures.
15. The enormity of the problem makes it impractical for the
G judicial process to address all issuesin one proceeding. We have
addressed three systemic issues mentioned above. We have done so on
the basis of the existing policy framework of the Union government, as
evidenced by the material to which we.have adverted in the prefatory
part of this judgment. We have not laid d0wn policy in exercise ofjudicial
review. We have issued directions to enforce obligations under the
H
BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 173
[DR. 0. Y. CHANDRACHUD, J.]
existing legislative and administrative framework. A
16. We proceed to summarise, our directions to the Union
government, as indicated earlier: The Union government shall
(i) Complete a national survey and generate a national data base
within a period of six months; ·
B
(ii) Formulate and adopt a comprehensive national plan within
four months, which will among other things also address the areas of
immediate concern noted earlier; and
(iii) Adopt specific content in the school curriculum under the
~s~~ C
17. We dispose "of the writ petition with the aforesaid directions.
However, we grant liberty to the petitioner to move the court in sep_arate
proceedings when it becomes necessary to do so including on various
aspects which have been the subject matter of these proceedings.
D
Divya Pandey Writ Petition disposed of.
..,.. __
·\
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