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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,

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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.  

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.

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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 significant proportion  (12.6%)  reported  use  of  injectable substances.”  

The study  showed  several  glaring  issues  pertaining  to  the  pattern  of  substance

abuse amongst children :

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• Tobacco  and  inhalants  were  used  almost  on  a  daily  basis,

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 (12.4 years),

cannabis (13.4 years),  alcohol (13.6 years),  proceeding then to

use of harder substances-  opium, heroin (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 variations.

• The study also highlighted various other issues pertaining to

rehabilitation and reintegration of  children in  the mainstream of

society.

• Recommendations :  

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 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;

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;

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4)  There is need for availability of specialized treatment

services for children who are using substances. These

services  should  be  available  in  government  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  run  de-addiction  centres  with

rehabilitation in NGO/Community setting with linkage with

NGOs;

5)  Rehabilitation efforts focussing on skill  building and

vocational training should be provided by NGOs;

6)    Juvenile  homes 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

NGOs to children who are injecting substances. Action to

be taken by NACO/SACS;

8)     Prevention efforts must target both demand and

supply reduction efforts. Supply reduction efforts should

limit  availability  of  tobacco and alcohol near residential

areas and schools;

9)    Size estimation of substance using children should

be carried out  in  specific  high risk  areas,  metropolitan

cities and conflict areas; and

10)   School  based  surveys  should  be  conducted  at  a

national level based on a representative sample.  

 (iii) Annual  Report  of  the  Ministry  of  Social  Justice  and  Empowerment

(2013-2014)1 :  

1  Relevant part pg. 20, full report at pg. 157

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The  report  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).  

The report states:

• Alcoholism  and  substance  abuse  is  assuming  an  alarming

magnitude.  12th plan  envisages  an  urgent  need  for  effective

counter measures through programmes in convergence mode

• Various  Central  Ministries  need  better  coordination  and

convergence.

• All existing schematic and non-schematic interventions 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.

• 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 strengthened2.

• Broad strategy3 :

(ι) The  overall  strategy  is  awareness  generation,

identification, counselling, treatment and rehabilitation of drug

dependent persons though collaborative efforts of the Central

and  State  Governments,  Voluntary  organizations  and  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,

2 Page 167 3 Page no. 175 onwards

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comprehensive  recovery  of  addicted  persons  and  their reintegration into society.  

(ιι) 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;

 To promote collective initiatives and self-help endeavour

among individuals and groups vulnerable to dependence or

found at risk;

 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

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;

 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

mechanism.    (ιιι) 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

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towards the young and adolescents-helping individuals make

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.

(ιϖ) 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 be provided to

groups at high risk.

(ϖ) School  children  are  highly  impressionable  and  are

influenced largely by the peer group behaviour. Appropriate

interventions  in  the  form of  curricular/co-curricular  contents

will be put in place in the schools and colleges for awareness

generation.  Interventions  will  be  evidence  based  and

supported by sustainable strategies.  

(ϖι) Street  children/adolescents  have  always  been

vulnerable  to  abuse  of  certain  drugs  like  pharmaceuticals,

solvents,  inhalants,  etc.  They do not have access to health

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  abuse  of

pharmaceutical  and  other  such  substances,  including

solvents, glue etc, will be an important element of the policy.

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

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the State, District and Block levels, taking care of specificities

and strengths of each region.  

(ϖιι)   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 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  and  de-addiction

facilities. Police and judiciary should be sensitized about these

issues.  

(ϖιιι)   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.

(ιξ) Recognizing the close nexus between substance abuse

and  HIV/AIDS  and  the  fact  that  drug  injecting  person  is

vulnerable to HIV/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

for  HIV/AIDS.  Drug  demand  reduction  and  HIV/AIDS

prevention  programmes  will  be  synergized  to  address  the

spread of HIV/AIDS amongst substance abusers.  

(ξ) There will be three different levels of the substance abuse intervention strategy as follows :  

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 individuals;

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Tertiary  prevention  by  providing  rehabilitation  and reintegration  of  recovering  persons  into  the  social mainstream.  

Broad Strategy :

• Preventive education & awareness building by multiple agencies

• Comprehensive package for recovery of affected individuals  

• 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 :

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  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.

The policy, in  its  Annexure includes a time bound and

specific 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

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Activities, Control of licit cultivation of opium poppy and

production of opium, 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 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 :

1. Convention on Narcotic Drugs, 1961;

2. Convention on Psychotropic Substances, 1971;

3. Convention  against  Illicit  Traffic  in  Narcotic  Drugs  and

Psychotropic Substances, 1988.

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.

B. Article 38 of the Single Convention on Narcotic Drugs of 1961, suggests the

following measures against the abuse of drugs :

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1. “The Parties shall give special attention to and take

all  practicable measures for the prevention of abuse of

drugs  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  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 public if there is a risk

that abuse of drugs will become widespread.”

C. Article  12  of  SAARC  Convention  on  Narcotic  Drugs  and  Psychotropic

Substances4 :  

Measures to eliminate illicit demand for Narcotic drugs and psychotropic substances

are 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 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

4 Article 12, SAARC Convention on Narcotic Drugs and Psychotropic Substances

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scientific  and  technical  information  and  the  conduct  of

research 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 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 1988 U.N. Convention,

which have been seized or confiscated.

D. Article 33 of the Convention on Rights of Child provides as follows :

“States  Parties  shall  take  all  appropriate  measures, including  legislative,  administrative,  social  and educational measures, to protect children from the illicit use of  narcotic  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  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  

1. Countering the world drug problem together;

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.   

The member states pledged to adopt a political declaration and plan of action on

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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

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 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.  

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 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)).

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Section 25 provided penalties in the following 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 a public place or any narcotic 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 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—

*** (viii i 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  

(ixi who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or  

(xi who  is  being  or  is  likely  to  be  abused  for unconscionable gains.”  

Section 3 enunciates the general principles to be followed in the administration of

the Act.  Among them are :  

(i) Principle of presumption of innocence; (ii) Principle of dignity and worth; (iii) Principle of participation; (iv) Principle of best interest; (v)Principle of family responsibility; (vi) Principle of safety; (vii) Positive measures;

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(viii) Principle of non-stigmatising semantics; (ix) Principle of non-waiver of rights; (x)Principle of equality and non-  discrimination; (xi) Principle of right to privacy and  confidentiality; (xii) Principle  of  institutionalisation  as  a  measure  of  last

resort; (xiii) Principle of repatriation and restoration; (xiv)Principle of fresh start; (xv) Principle of diversion; (xvi)Principles of natural justice.

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 or psychotropic substance, except on the order of  a  duly  qualified  medical  practitioner,  shall  be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees. 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.”

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  

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

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decision  was  taken  to  conduct  a  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.  

10 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.  

11 This is a basic deficiency which the Union government must redress at the

earliest.  We direct  that  the  Union  Government  shall  expeditiously  conclude  the

national survey on drug abuse within a period of six months from today.  

Immediate concerns  

The immediate areas requiring remedial attention have been summarized below :  

ι Formulation of a national action plan for children;

ιι Creation of a module containing an appropriate curriculum for children of all

age groups in order to keep them away from drugs, alcohol and tobacco;

ιιι Setting up of de-addiction centres;

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ιϖ 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

ϖ Implementing the action plan with the national policy on 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  (Drugs)  Abuse under  which  financial  assistance  is  provided  to NGOs/Voluntary  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) Abuse on the individual, family, workplace and the society at large.  At  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 provide 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 employed.”  

The real need is to ensure the formulation of a National Plan so that all interventions

are in accordance with a properly formulated 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 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 in our view address the need for setting up de-addiction centres in every

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district  and address specific  vulnerabilities particularly  in the context  of  high risk

populations 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 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 2015 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 has been

initiated by the Union Government.  A committee was constituted on 31 October

2015 for the evolution of a New Education Policy (NEP). Out  of  33  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 cover “the implied importance of the inclusion of

issues pertaining to eradication of alcohol and drug abuse in the NEP.”  MSJE has

recommended  tobacco  and  education  on  drug  abuse  within  two  of  the  above

themes. This has been placed before the Committee. The court is informed that the

Committee indicated on 30 December 2015 that the theme relating to eradication of

alcohol and drug abuse will be included in its recommendations.

14    The 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.

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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 the

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. 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 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.   

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;

(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 aegis of NEP.

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17 We dispose of  the writ  petition with the aforesaid directions.  However, we

grant liberty to the petitioner to move the court  in separate proceedings when it

becomes necessary to do so including on various aspects which have been the

subject matter of these proceedings.     

............................................CJI                                                                             [T.S. THAKUR]

                    ................................................J                                                                                           [A.M. KHANWILKAR]

                       ................................................J                                                                                                  [Dr D Y  CHANDRACHUD]

New Delhi December 14, 2016