Case Note:
Constitution - Drugs and alcohol - Usage by children - Proceedings were instituted bring focus upon alarming increase in use of drugs and alcohol among children - Petition filed for enforcing fundamental rights of children particularly those suffering from and involved in substance use and abuse - Whether Respondent could be issued to formulate and implement national action plan for children on issue of drugs, alcohol and substance abuse amongst children
Facts:
The proceedings were instituted bring focus upon the alarming increase in the use of drugs and alcohol among children in India. The petition was 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 the present Court for a mandamus to the Respondent 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 was the main relief which had 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 were claimed in these proceedings.
Held, while disposing of the petition:
(i) 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 international levels having a bearing on the issue. [4]
(ii) 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 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 of rehabilitation, treatment and counselling services. This was a basic deficiency which the Union government must redress at the earliest. The Union Government was directed to expeditiously conclude the national survey on drug abuse within a period of six months from today. [10] and[11]
(iii) The Union Government stated that a national policy on drug demand reduction is being finalized. The priority areas of intervention 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 must address the need for setting up de-addiction centres in every district and address specific vulnerabilities particularly in the context of high risk populations including children. Direction to that this exercise be completed and that a national policy be formulated within a period of six months from today. [12]
(iv) Since the entire issue is pending consideration before the government, it would be appropriate to await the ultimate formulation. However, rather than resting on an “implied inclusion” of such an important subject within an extant head or topic, it would be appropriate if the competent authorities consider how children should be protected from the dangers of substance abuse. These were matters which should 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. [14]
(v) The Union government shall complete a national survey and generate a national data base within a period of six months; 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 adopt specific content in the school curriculum under the aegis of New Education Policy. [16]
Bachpan Bachao Andolan vs. Union of India (UOI) and Ors. (14.12.2025 - SC) : MANU/SC/1585/2016