Combating Child Substance Abuse: Supreme Court Directs National Action Plan

The case Bachpan Bachao Andolan vs. Union of India & Ors. brought the alarming issue of child substance abuse to the Supreme Court’s attention. Filed under Article 32, the petition sought intervention to address the growing crisis of drug and alcohol use among children in India. The petitioner called for a comprehensive national action plan that includes identification, investigation, rehabilitation, and preventive education.

Background and Concerns Raised

India, home to the world’s largest child population, faces a critical challenge in protecting adolescents from substance abuse. A 2011 census recorded 44 crore children, with 24 crore falling in the vulnerable adolescent category. Reports from various government and independent agencies indicate a disturbing rise in substance use among minors.

The petition sought the following measures:

• Incorporation of drug abuse prevention education in school curricula.
• Creation of a national coordinating body to address child substance abuse.
• Mandatory reporting of substance abuse by school authorities and police.
• Setting up de-addiction centers at district and tehsil levels.
• Registration of cases against those supplying drugs to children.

Government Reports and Findings

The Supreme Court reviewed various reports highlighting the extent of child substance abuse:

• The Planning Commission’s Working Group Report (2012-17) noted that drug cartels target adolescents, making them easy victims.
• The National Commission on Protection of Child Rights (2013) found that 83.2% of surveyed children had used tobacco, while 68% consumed alcohol.
• The Ministry of Social Justice and Empowerment (2013-14) reported an urgent need for inter-ministerial collaboration to combat substance abuse.

International Obligations

India is a signatory to several UN conventions that mandate measures against drug abuse:

• 1961 Convention on Narcotic Drugs
• 1988 Convention against Illicit Drug Trafficking
• SAARC Convention on Narcotic Drugs
• Convention on the Rights of the Child (Article 33)

Legislative Framework

The Juvenile Justice (Care and Protection of Children) Act, 2015 criminalizes giving intoxicants to minors, with punishments extending up to seven years in prison. Despite stringent laws, enforcement remains inadequate.

Supreme Court’s Judgment

The court emphasized:

“What is needed is a comprehensive formulation of a National Plan which will form the basis of coordinated intervention by the Union and State governments together with their agencies.”

It issued the following directives:

• Complete a national survey on child drug abuse within six months.
• Formulate a national action plan within four months.
• Implement educational content on substance abuse prevention in school curricula.

The petition was disposed of with liberty to file fresh proceedings if needed.

Conclusion

The ruling underscores the urgent need for policy-driven interventions to protect children from substance abuse. The Supreme Court’s directives serve as a crucial step in safeguarding future generations from the devastating effects of drug addiction.

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