BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & ORS.

Citation: [2016] 12 S.C.R. 154 · Decided: 14-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

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[2016) 12 S.C.R. I54 
BACHPAN BACHAO ANDOLAN 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (C) No. 906 of20I4) 
DECEMBER I 4, 20 I 6 
[T. S. THAKUR, CJI, A.M. KHANWILKAR AND 
DR. D. Y. CHANDRACHUD, JJ.] 
Public Interest Litigation - Substance abuse - lndi_a home to 
largest child population ilr the world - Alarming increase in use of 
drugs and alcohol among children in India - Writ petition seeking 
mandamus to Union of India to formulate and implement a national 
action plan for children on the issue of drugs, alcohol and 
substance abuse amongst children - Held: Protecting children from 
wide-spread prevalence of substance abuse is one of the biggest 
policy challenges facing India - India being a signatory to United 
Nations Conventions, having bearing on the issue, has an 
international obligation to curb drug abuse - Comprehensive 
formulation of a National Plan/Policy is needed forming the basis 
of co-ordinated intervention by the Union and State governments -
On the basis of existing policy framework of Union government as 
evidenced by material on record, directiom issued addressing three 
systemic issues, to enforce obligations under the existing legislative 
and administrative framework - (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; and (iii) Adopt specific content in the school curriculum 
under the aegis_ of New Education Policy - Convention on Narcotic 
Drugs, 1961 - Convention on Psychotropic Substances, 1971 -
Convention against Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances, 1988 - Single Convention on Narcotic 
G Drugs of 1961 - Art.38 - SAARC Convention on Narcotic Drugs 
and Psychotropic Substances - Art. 12 - Convention on Rights of 
Child -Art. 33 - Juvenile Justice (Care and Protection of Children) 
Act, 2000 - s.2(d)(vi) - Juvenile Justice (Care and Protection of 
Children) Act, 2015 - ss.2(14)13177178. 
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Writ petition was instituted under Article 32 of the Constitution 
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BACHPAN BACHAO ANDOLAN v. UNION OF INDIA 
155 
in public interest for enforcing the fundamental rights of children suffering 
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from and involved in substance use and abuse. 
Disposing of the writ petition with directions, the Court 
HELD: 1.1 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. (Para 2] (157-G-H; 158-A] 
1.2 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. 
[Para 41 [165-B-CJ 
2.1 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. 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. [Paras 9, 10] 
(170-A, C-D] 
2.2 This is a basic deficiency which the Union Government 
must redress at the earliest. The Union Government shall 
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SUPREME COURT REPORTS 
r2o 16112 s.c.R. 
expeditiously conclude the n

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