Case: Bachpan Bachao Andolan Vs. Union Of India

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 for1. 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 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 intervention7. 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)).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-***who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; orwho is found vulnerable and is likely to be inducted into drug abuse or trafficking; orwho 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;(viii) Principle of non-stigmatising semantics;(xi) 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 base9. 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 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.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]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.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. 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