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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 906 OF 2014

BACHPAN BACHAO ANDOLAN

.... PETITIONER

VERSUS

UNION OF INDIA & ORS

..... RESPONDENTS

J U D G M E N T

Dr 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,

Digitally signed by

ASHOK RAJ SINGH

Date: 2016.12.14

17:19:26 IST

Reason:

Signature Not Verified

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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.

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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.

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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 12^th 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