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8
NATIONAL CONSULTATION ON
DRUG/SUBSTANCE USE AMONG CHILDREN
NATIONAL
COMMISSION
FOR
PROTECTION
OF CHILD
RIGHTS
Abbreviation
2
S.NO CONTENTS PAGES
1 BACKGROUND 3-5
3
India with a population of 1.37 billion is the second most populous country in the world, and
children represents 39% of total population of the country. Substance use among children and
adolescents has become a public health issue all over the world and evidence based efforts are
being made in all the settings such as in schools, child care institutions and families to promote
healthy living for such children. Today India has a huge “at risk” population vulnerable to
substance use and addiction. As the age advances, there is progressive decline in the initiation
of substance use. In the recent years, the age of starting use of drugs is progressively falling
across the country and the initiation of drug use occurs much earlier, being during
preadolescence and childhood periods. Early initiation of drug use is often associated with poor
prognosis and lifelong pattern of disturbed behavior. Drugs can have long-lasting effects on the
developing brain and may interfere with positive family and peer relationships and school
performance.According to a study conducted by the National Commission for Protection of
Child Rights1 with National Drug Dependence Treatment Centre, the common drugs of use
among children and adolescents are; tobacco and alcohol, followed by inhalants and cannabis.
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 to the use of harder substances –
opium, pharmaceutical opioids, heroin (14.3–14.9 years) and substances through injecting route
(15.1 years). In another study, 46.36% of slum dwelling adolescents used both smokeless and
smoking tobacco in addition to alcohol and cannabis and started using drugs during their
childhood itself2. In a study conducted among school-going students, alcohol and heroin were
the main substances of use. An emerging trend is the use of cocktail of drugs through injection,
and often sharing the needle, which increases their risk of HIV infection. A high intravenous use
of drugs among street children and working children has been reported. There are one million
registered heroin addicts in India and cannabis products, such as charas, bhang, or ganja, are
used throughout the country.According to a study brought out by the ASSOCHAM Ladies
1
Study on “Pattern, Profile and Correlates of child substance use among children” (2012-13)
2
http://ijahms.com/upcomingissue/01.07.2016.pdf
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League on “Situational Analysis of Street Children in Metro Cities,” covering 2,000 kids has
revealed children in metros are victims of one or other substance use, including inhalants (35 per
cent), alcohol (12 per cent), cannabis (16 per cent), chewing tobacco and gutka (16%) and
smoking (21 %).Specialized drug treatment services for children or adolescents are confined to a
few centers. In many areas these centers are not even functional. Only 122 drug de-addiction
centers are run by the Ministry of Health and Family Welfare and 438 treatments-cum-
rehabilitation and counselling centers are supported by the Ministry of Social Justice and
Empowerment (MSJE). Many of these centers lack infrastructure, staff and are not optimally
functional. Even in areas where such services are available, treatment- seeking by child
substance users is poor probably due to lack of motivation, perceived stigma or lack of
understanding about the nature of substance use disorders. There is a need to raise community
awareness for substance use among children and efforts made to facilitate treatment-seeking in a
younger population.
Two major Ministries of Government of India ie. MoSJE and MoH&FW, are mandated to
provide treatment services. The matter of concern is that the flagship treatment programmes of
both these ministries hardly have any reach or coverage. Only a minuscule proportion of people
affected by alcohol or drug dependence report having received treatment from a NGO de-
addiction centre (such as an IRCA, The Integrated Rehabilitation Centre for Addicts supported
by MoSJE) or a Government de-addiction centre (such as those supported by the Drug De-
Addiction programme of MOH&FW).
In India, there have been many steps taken by various Governmental and Non-Governmental
Agencies in the area of prevention of substance use. A major achievement has been the recent
inclusion of information on substance use as an obligatory component of the school curriculum.
On the demand side, the Ministry of Health and Family Welfare has established several de-
addiction centers which are mostly based at the district hospital level: there are about 130 such
centers spread across the country now. A Narcotic Drugs and Psychotropic Substances (NDPS)
Act was passed in 1985 and amended in 1989.
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LEGISLATIONS
Several measures involving innovative changes in enforcement, legal and judicial systems have
been brought into effect. The introduction of death penalty for drug-related offences has been a
major deterrent. The Narcotic Drugs and Psychotropic Substances (NDPS)Act, 1985, was
enacted with stringent provisions to curb this menace. The Act envisages a minimum term of 10
years imprisonment which may extend upto to 20 years and fine of Rs. one lakh, which may
extend upto up to Rs. two lakhs for the offenders. The Act has been further amended by making
provisions for the forfeiture of properties derived from illicit drugs trafficking.
Children introduced into drug use and trafficking and affected by substance use are considered as
children in need of care and protection under the Juvenile Justice Act, 2015. Under section 77 of
the Juvenile Justice Act, 2015 there is a rigorous imprisonment for a term which may extend to
seven years with fine of Rupees one lakh for giving intoxicating liquor or any narcotic drug or
tobacco products or psychotropic substances to any child. Further u/s 78 of this Act mentions
rigorous punishment for using a child for vending, peddling, carrying, supplying or smuggling
any intoxicating liquor, narcotic drug or psychotropic substance.
SUMMING UP
India has one of the highest proportions of children and adolescents (aged <18 years: 39% of the
population). Any intervention planned towards prevention and treatment needs to focus on
variable settings where children at risk can be targeted. These include school, community,
institutional and health care settings. Additionally, preventive efforts need to evolve from
evidence based findings. They should include universal interventions (for all children and not
just those at risk) to have a better outcome. Key stakeholders need to be identified and their
capacity needs to be built for appropriate intervention.
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To understand existing treatment/referral and de addiction
facilities for children and adolescents in different
States/UTs.
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A one day consultation was organized on 11th October 2019 at Constitution Club of India,
India New
Delhi. The objective of this meeting was to bring all key stakeholders on a common platform and
come up with a comprehensive strategy to ‘prevent the issue of substance use amongst children
and adolescent’. The National Commission for Protection of Child Rights (NCPCR) invited 28
States and 8 Union Territories of India. On the day of the consultation meeting 26 states and 3
Union Territories participated in the meeting. Officials from various department like- Women
and Child Development, Department of Social Justice & Welfare, State Commissions for
Protection
rotection of Child Rights, Department of Education, and Representatives from Ministry of
Women & Child Development, Ministry of Human Resource Development and Ministry of
Health & Family Welfare participated in the consultation meet. Dr. R.G. Anand, Member,
Member
NCPCR introduced
d the theme of the consultation, Sh. Priyank Kanoongo, Chairperson, NCPCR
delivered key note address and Smt. Rupali Banerjee Singh, Member
mber Secretary, NCPCR
presented the vote of thanks. Consultation was also attended by Smt. Pragna Parande
Parand and Ms.
Rosy Taba, members of NCPCR.
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WELCOME ADDRESS
In the end he suggested that we must have a collaboration and convergence of all those who
work in prevention and rehabilitation, develop strong policies, SOPs working models and try and
look at this problem in a holistic manner. He finished his address with a motto- “Make
prevention a priority “
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KEYNOTE ADDRESS
3
Harijan, 9-3-‘34
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turning to children to peddle drugs to their customers living anywhere in India. They are aware
that authorities would not suspect the child’s involvement in this business and even if the child is
caught peddling drugs they will be placed in an observation home and will return in this business
after sometime. If section 78 is strictly followed it will not only ensure the safety and security of
the child but also ensure that the child is not driven away from the system. Secondly it is
significant to prohibit the sale of adhesive, whitener and solutions to children which are sold
openly in market places and work on the alternatives for such substances. He also briefed the
SCPCRs about the initiative where NCPCR formulated a “Standard Operating Procedure (SOP)
for Care and Protection of children in Street situations” who are mostly affected from substance
use. He said, it is being revisited and suggestions will be incorporated based on today’s
consultation. The Chairperson focused on identifying concrete steps and actions from the
consultation meeting, which could further be used to improve engagement among different
stakeholders involved and also improve the coordination of efforts between different
Government departments of the states and Central Ministries. He further added that the proposed
polices and schemes formulated by the central government to curb the menace of substance use
among children should be implemented at the ground level.
One of the major issue is that children are not being sent to rehab centre as they Have to stay
with adults and there are no exclusive facility for children upon that after implement of jj act
2015 the children who are being referred by CWC in rehab centers where they have to stay with
adults which is a major problem as children have to stay with adults. Today’s But we have to
pave way for
At the end of key note address, Chairperson, NCPCR said, Since the implementation of JJ Act,
2015, the Child Welfare Committee (CWC) are not referring the children to rehab centers where
they have to stay with adults and expressed his concern on non existence of exclusive Child Care
Institutions, dedicated services policies and schemes for children with drugs and substance use.
He was positive that today’s consultation will pave the way for come up with a recommendation
that children with substance use should be provided with treatment and care in rehab centers
exclusively for them.
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The aim of the consultation was twofold: -
a) to address the issue of increasing use of substance use among the children and its adverse
impact on physical and psychosocial health of the child and take stock of good practices/
initiatives taken up by the service providers and other stakeholders involved in tackling the
problem of substance use;
b) to bring all the concerned stakeholders on a common platform and deliberate on the existing
mechanism and way forward for substance use among children;
To achieve this aim, the consultation methodology was designed to include a variety of
procedures enabling all the concerned stakeholders that include representatives from Ministry of
Social Justice and Empowerment, Ministry of Health and Family Welfare, Ministry of Human
Resource Development, Ministry of Women & Child Development, Department of Social
Welfare, Department of Health & Family Welfare, and Department of Women & Child
Development of State Governments, SCPCRs, NGOs etc The consultation was organized on
11October 2019 at Constitution Club of India, Rafi Marg, New Delhi. The engagement methods
used were as follows:
At first the letter regarding the National Consultation was circulated to all concerned
departments of States/UT mentioned above along with the concept note and a template
for presentation.
The Commission requested the concerned stakeholders to hold a joint meeting on
presentation before the event. The NCPCR requested the concerned State Commissions
for Protection of Child Rights (SCPCRs) to coordinate the meeting and provide their
expertise to the departments on the presentation.
After organizing the meeting, the Commission requested the secretaries of concerned
departments to unanimously nominate a senior officer from the department (not below
the rank of Director) to make a presentation and participate in one day National
Consultation.
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On the day of the consultation states and union territories were asked to give a 10 minute
presentation on the issue of Childhood and Adolescent Substance Use in their states and provide
information as per the prescribed format circulated by the Commission to every state. These are:-
A. Districts with High rate of Substance use among children and adolescents
G. District wise information on children homes keeping children with drug addiction
(Number of children and age group)
The information provided by the respective states and union territories are mentioned in the
subsequent section of this report. 26 states and 3 Union Territories participated in the
consultation.
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Table 1 Information based on the presentation provided to NCPCR
S.N STATES District with Type of Substances Cases registered Availability of Treatment, (NGOs) Information
O High rate of used by the Children under (Section 77 Aftercare, and Rehabilitation working on on Total No.
Substance use (<10 &>10 Years) & 78) Juvenile facilities for children with the subject of of Children
Justice Act, 2015 substance use Substance Use with drug
addiction
living in
Children
Home& other
Child care
Institutions
1 Andhra Pradesh 4 Below 10 years: No data mentioned (No exclusive facility for 10 389
Tobacco and Toddy children)
Above 10 Years:
Tobacco, Alcohol,
Ganja, Khaini
3 Assam Nil Below 10 years: Nil (No exclusive facility for 8 Nil
No data children)
Above 10 Years:
Inhalants, Alcohol and
Opioids
4 Bihar Bihar participated in the consultation meeting but no data or presentation provided by the state
5 Chhattisgarh Nil Below 10 years: 4 2* Nil 32
Alcohol
Above 10 Years:
Alcohol and Cannabis
6 Goa 2 Below 10 years: No cases registered (No exclusive facility for 1 Nil
Gutkha, Tobacco, children)
Thinner of the
whitener, Kerosene,
Turpentine, Cough
syrup, Iodex,
Above 10 Years:
Alcohol and Ganja
(marijuna)
7 Gujarat Gujarat did not attend the consultation meet and neither submitted the details
8 Haryana Nil Below 10 years: 2 (No exclusive facility for Nil Nil
No data children)
Above 10 Years:
Inhalants, Alcohol and
Opioids
9 Himachal Himachal Pradesh attended the consultation meet but did not submit powerpoint presentation
Pradesh
10 Jharkhand Few areas Inhalants, tobacco and Nil Nil Nil Nil
located in other drugs
Ranchi
11 Karnataka Nil Nil 1 Nil 76 1
12 Kerala Nil Toddy, ganja, Hash, Nil Nil Nil Nil
Green apple candies,
Fevicol, fuid,
Whitener,
Psychotropic Drugs
15
13 Madhya Pradesh 3 Below 10 years: 15 Nil Nil 7
No data
Above 10 Years:
Inhalants, Alcohol and
Opioids
16
18 Nagaland Below 10 years: Nil Nil Nil Nil
No data
Above 10 Years:
Inhalants, Alcohol and
Opioids
17
22 Sikkim 1 Below 10 2 1* 10 5
(Based on NGO Nil (rehabilitation centre for
feedback) Above 10 children of substance use)
Cannabis, Inhalant,
Alcohol,
Pharmaceutical Drugs-
spasmo, proxyvon,
nitrozepam, cough
cyrup, opoids
23 Tamil Nadu Nil Above 10 Years: No cases registered 1* 1 0
Cannabis, Diluter (de-addiction centre for
(Whitener), Coated Children)
Chocolate, Rubber
soultion, fevicol,
thinner, petrol
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28 West Bengal 5 Tobacco, Alcohol, No cases registered Nil 10 10
Dendrite, Ganja,
Heroein,
* Mark represents the number of states having exclusive de-addiction centers for children with substance/drug use.
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States have taken serious steps to prevent the Substance/Drug use among children and
adolescent. Major initiatives taken by states are: -
States are devising ‘State Action Plan’ to curb and prevent the substance use among
children and Adolescent.
Conducting awareness campaign amongst children through- social media, street plays,
dramas, poster making competitions, conferences, and workshops for parents and
children.
Certain states have included chapters on the ‘ill-effects of drug use’ in their school
curriculum.
Training and Capacity building programmes are conducted by the states to sensitize the
key stakeholders on the matter related to substance use among children.
States are providing ttreatment facility for drug and substance users and addicts who also
include children and adolescent. Some states have opened de-addiction and rehabilitation
centers exclusively for children.
4
http://delhiassembly.nic.in/VidhanSabhaQuestions/20180322/Starred/S-72-20180322.pdf
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information on drug use is imparted to the children.
Punjab Buddy Programme which has been started on 15 August 2018 to increase
the awareness among youth in schools and colleges.
Mission Tandrust Punjab has been started in 30 may 2018
Rajasthan State is in process of drafting “The Rajasthan De-addiction centre
Rules,2019
State is planning to open new exclusive Rehabilitation Centres for
Adolescents in Kota and Jaipur.
Tamil Nadu An Exclusive De-addiction Centre for Children has been established in the year
of 2017- 2018 at Kanchipuram District through on NGO under 100% state fund.
Uttar Pradesh Uttar Pradesh NAPDDR scheme is implemented through capacity building,
specific intervention, and educational awareness. Under this scheme, various
awareness programs are to be organized in the context of the ill effects of drug
use among adolescents.
West Bengal Kolkata police runs a project named “Suddhi” which aims to identify people
who are in the habit of petty crimes due to their dependency on drugs and
follows them till the point of their rehabilitation into the society's mainstream
where they find acceptance.
Goa G.S.C.P.C.R. is in the process of finalisation of draft of Mental Health
Policy for Children & Adolescents for the State of Goa
Notification issued by Education Department regarding (NO sale of
cigarettes or tobacco within a circumference area of 100 meters of an
educational institution).
Sikkim There are 10 rehabilitation centres in Sikkim, run by NGOs. Among them, one
rehab centre in the East district i.e. Freedom Home also caters to rehabilitation
of Children under substance use.
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The problem of substance use among children needs to be addressed from multiple perspectives.
There shall be concerted efforts between the key Ministries such as Ministry of Social Justice
and Empowerment, Ministry of Home Affairs, Excise Department, Health & Family Welfare,
Women and Child Development, Human Resource Development and Youth Affairs and Sports
in addressing the issue of substance use among children.
It may be proposed to the Ministry of Health & Family Welfare to issue a uniform
guidelines to state government to develop a robust mechanism
a) Public areas like- malls, airports or provision stores or hotels or eateries where liquor
and tobacco stores are available should be out from the reach of children and display
boards at prominent places as per section 77 and Rule 56 of JJ Act 2015 & Rules 2016
that giving or selling intoxicating liquor or tobacco products to a child is a punishable
crime with up to seven years of rigorous imprisonment and a fine up to one lakh rupees.
State government must ensure that the notification issued by the Ministry of Health &
Family Welfare in 2012 which places ban on selling products like- ‘bottled correctional
fluids, bottled thinners, of any chemical composition, both for ink erasing purposes as
well as for use as Nail polish removers and similar other products purposes’ is
implemented with immediate effect5.
In January 2015, the Pharmacy Council of India has published the new Pharmacy
Practice Regulations 2015 which clearly states that every registered pharmacist shall
dispense only those medicines as prescribed by the Registered Medical Practitioner and
shall not substitute the prescription and shall promote the rational use of drugs.6 The
Drugs and Cosmetics Rules, 1945 clearly states that drugs classified into schedule ‘X’;
‘H’ & H1 must be sold based on the prescription of a registered medical practitioner and
5
Ministry of Health & Family Welfare- Notification: F.No. X. 11029/6/2010- DDAP, 17th July,
2012
https://mohfw.gov.in/sites/default/files/97839584142.pdf
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Pharmacy Practice Regulations 2015
http://www.pci.nic.in/pdf/Pharmacy%20Practice%20Regulations.pdf
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strong action against those pharmacists who are selling schedule drugs without
prescription to children.
To issue advisory to DGP of all the states to ensure that the Section 77 & 78 of Juvenile
Justice, 2015 is properly implemented and develop a mechanism for monitoring the data
of these particular sections.
To recommend the Ministry of Social Justice to revise their existing schemes viz;
Prevention of Alcoholism and Substance use and for Social Defence Services as per the
provisions of newly enacted/ amended JJ Act, 2015,which focuses on preventive and
rehabilitative measures to be adopted for children under the influence of drugs or any
other substances. It has been observed that exclusive de addiction and rehab facilities for
children are only in some states, therefore, Ministry of Social Justice & Empowerment
with Ministry of Women and Child Development may establish exclusive rehabilitation
facilities for children and adolescents with drugs and substance use in States & Districts.
Recommend Medical Council of India may amend Section 10 A. of Indian Medical
Council Act, 1956 which gives permission for establishment of New Medical Colleges,
new course study etc. & Section 20 which prescribe standards of Postgraduate Medical
Education for the guidance of Universities, and advise Universities in the matter of
securing uniform standards for Postgraduate Medical Education throughout India to
reserve at least 10 beds in the government and private hospital and medical colleges for
treating children affected with drug/ substance use7.
To recommend the Ministry of Human Resource & Development to issue an advisory to
The State Education Department/ SCERTs for implementing Preventive
strategies/programs for drugs and substance use among children in schools which
includes- a) placing ban on products like- Correctional fluid, whitener, thinner or any
other substance within their premises and are not sold in absence of parents or guardians
b) provide school mental health screening for substance use and other behavioural
disorders c) training of school counsellors and teachers on prevention and early detection,
counselling and referral for substance use and related disorders d) include ill- effects of
drug use in the school curriculum.
7
Indian Medical Counil Act, 1956
https://www.mciindia.org/CMS/wp-content/uploads/2017/10/Complete-Act-1.pdf
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Capacity building trainings for the Child Welfare Committee (CWC) with trained and
qualified counsellors while handling the cases of substance/drug use among children.
Training and sensitization of various stakeholders which include- Government Officials
from different departments, community leaders, social welfare agencies like- NGO staff,
teachers and counsellors, medical officers and allied staffs, law enforcement officers is
required. NISD may take up with NCPCR & SCPCRs.
Implementation of Section 77 & 78 of JJ Act, 2015 should be monitored periodically by
SCPCR/NCPCR through a proper mechanism.
The Standard operating Procedure for Care, Protection and Rehabilitation of children in
street situation, 2.0 is a unique endeavour by NCPCR to strengthen the processes and
interventions regarding children in street situation, based on the learning from the
implementation of the earlier SOP for the year 2018 and 2019 in 4 states of the country.
One of the important content of this SOP addresses the issue of children with substance
use wherein such child should be produced before Child Welfare Committee and CWC
shall send such children to a fit facility identified for care, detoxification, treatment and
rehabilitation.
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