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SUPREME COURT OF INDIA
T.S. THAKUR, CJI., A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
BACHPAN BACHAO ANDOLAN – PETITIONER
VERSUS
UNION OF INDIA & ORS. – RESPONDENTS
WRIT PETITION (CIVIL) NO. 906 OF 2014
Decided On : 14-12-2016
Facts of case:
Petition has been instituted in public interest by Bachpan Bachao Andolan for enforcing fundamental rights of children particularly those suffering from and involved in substance use and abuse. Petitioner seeks intervention of this Court for a mandamus to Union of India to formulate and implement a national action plan for children on issue of drugs, alcohol and substance abuse amongst children.
Findings of Court:
Importance 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 would be appropriate to await the ultimate formulation.
However, we may indicate that rather than resting on an “implied inclusion” of such an important subject within an extant head or topic, it would be appropriate if competent authorities consider how children should be protected from the dangers of substance abuse. These are matters which should not be brushed under the carpet. 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.
Enormity of the problem makes it impractical for judicial process to address all issues in 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 down policy in exercise of judicial review. We have issued directions to enforce obligations under the existing legislative and administrative framework.
Result : Directions issued.
Certainly. Based on the provided legal document, the key points are as follows:
The case emphasizes the urgent need for a comprehensive national strategy to address the widespread issue of substance abuse among children in India, considering the country's large child population and the rising prevalence of drug and alcohol use among youth (!) .
The Court recognizes the importance of integrating education and awareness about substance abuse into school curricula, tailored appropriately to the age and developmental stage of children, to sensitize them about the dangers of drug use and peer pressure (!) (!) (!) .
There is a significant deficiency in reliable data regarding the extent of substance abuse among children, which hampers effective policy formulation and targeted interventions. The Court directs the government to complete a national survey and establish a comprehensive database within six months (!) (!) .
The Court underscores the necessity for a coordinated, multi-sectoral approach involving various government ministries, voluntary organizations, and international bodies to implement preventive, treatment, and rehabilitative measures systematically (!) (!) (!) .
The Court directs the Union government to formulate and adopt a detailed national action plan within four months, focusing on prevention, treatment, rehabilitation, and reintegration of affected children, including the establishment of de-addiction centers in every district and high-risk areas (!) (!) .
Special attention should be given to vulnerable groups such as street children, children involved in child labor, trafficked children, and those at high risk of substance abuse, with tailored preventive and rehabilitative services (!) (!) .
The Court emphasizes the importance of legal provisions and strict enforcement against those involved in supplying or facilitating access to addictive substances for children, including penalties for offenses related to giving intoxicants to minors (!) (!) (!) .
The Court advocates for the inclusion of issues related to drug and substance abuse in the new education policy and curriculum, with a consultative process underway to incorporate such content effectively (!) (!) (!) .
The Court highlights the importance of international commitments and conventions aimed at controlling drug trafficking and abuse, and urges adherence to these obligations through national policies and enforcement measures (!) (!) (!) (!) (!) .
The Court recognizes that addressing substance abuse among children requires a holistic approach, including awareness campaigns, community participation, capacity building of service providers, and continuous monitoring and evaluation of intervention strategies (!) (!) (!) .
The Court disposes of the petition with directions for the government to implement these measures and grants liberty to petitioners to approach the Court separately for further issues related to this matter (!) .
These points reflect the Court's emphasis on a coordinated, data-driven, preventive, and rehabilitative framework to combat substance abuse among children, with specific directions for policy formulation and implementation.
JUDGMENT :
D.Y. Chandrachud, J.
These proceedings which have been instituted under Article 32 of the Constitution by Bachpan 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 substance use and abuse. The petitioner seeks the intervention of this Court for a mandamus to the Union of India 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 issues pertaining to identification, investigation, recovery, counselling and rehabilitation. This essentially is the main relief which has been sought. Other incidental directions include steps to incorporate appropriate content 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 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 of 2011. Among this, twenty-four crore children 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 official and private agencies indicate that there has been a substantial 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, 2005-06. The petitioner has relied upon several reports which indicate the nature and extent of substance abuse in children. Many of them make recommendations for the formulation and implementation of policy.
3. In this part of the judgment, we will broadly summarize the content of the reports mentioned above :-
(i) Report of Planning Commission’s Working Group on Adolescent and Youth Development, for formulation of 12th 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 of the full implications of abuse to their health 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) :
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=24,811), 3.5% reported tobacco use and 1% reported alcohol use. It appears to be an upward trend 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 at least weekly (18.3-39.8%) or even 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 (7.9%) and heroin/smack (7.9%). A signific
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