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1. A perusal of the report of SPYM reveals that the child has dependency on inhalants i.e.
he inhales fluids for which his residential de-addiction treatment is required. As told by his
mother, the child regularly consume whiteners, dilutes, thinners and solution/sulochan. It is
writ large by observing the plight of the child that consumption of the aforementioned
addictive substances have played havoc with his physical and mental health. Mother of the
CCL further states that addiction of her child is due to the nefarious activities of drug
peddlers who are operating in the area of Seemapuri, and who are responsible for
proliferation of such substances.
2. During inquiry by the Board, it has come to the fore that one Jahangir is selling fluids
and other banned substances in the area of Seemapuri. Upon further inquiry, CCL has
revealed the following details:-
At this stage, mother of the CCL has stated that the CCL is in bad
company and habitually consumes psychotropic substance. The mother of
the CCL has also stated that the CCL takes whiteners and other sulochans
from a shop of Purchun (grocery) run by one Jahangir at E-44, New
Seema Puri @ Rs. 80/- per bottle. She further stated that the said
Jahangir used to give sulochans / whiteners to many children like the
CCL.
At this juncture, SI Gaurav and SI Rahul who are present in the Board in
some other case also disclosed that the said Jahangir was already in lock-
up in a case u/S. 308 IPC due to quarrel with police personnels of the beat
but now he has been enlarged on bail. It is further stated by them he is
active B.C. of PS Seema Puri and has about 19 criminal cases. It is
further stated that lastly he was arrested in case FIR No. 367/16, u/S.
308/186/353/ 147/148/149 IPC of PS Seema Puri. It is further stated that
said Jahangir is about 35 years of age, having heavy built up, his left eye
is damaged and height is about 5'7, having shallow complexion.
4. It is trite that addiction to drugs and other substances induce the addicts to commit crimes
in order to purchase fluid/drugs in order to satisfy their cravings. This menace needs to be
curbed, such elements like Jahangir should be extirpated from the root and for that purpose,
police intervention is required.
5. Accordingly, copy of this order be sent to the DCP concerned to take necessary action as
per law on the basis of information provided. The DCP concerned is at liberty to invoke
relevant provisions of law including Section 77 of the Juvenile Justice (Care and Protection
of Children) Act, 2015, and not confine initiation of prosecution to the NDPS Act only.
Needless to say, arrest should swiftly be effected on cogent grounds, to keep such offenders
at bay. Compliance report qua the same be filed on the next date of hearing on 17.04.2017.
6. Since its inception last year, this Board has noticed a steady influx of children afflicted
8. As per the September 2016 Draft Report commissioned by the Department of Women
and Child Development, Govt of NCT of Delhi titled 'Mapping And Size Estimation Of
Street Children Who Use Drugs In Delhi' around 11.7% street children use inhalants. The
estimated figure is 7,910. The figures would go up substantially if school going children are
included. The report further observed that among inhalant users, 90.5% reported difficulty in
giving up inhalants. This reflects the magnitude of the problem. Thus, the vicious cycle of
addiction continues, and can be broken only with State intervention.
9. Further, according to the report, a total of 79.3% substance using street children reported
some problem due to substance use that included sadness or anxiety due to substance use or
problems related to substance use (64.4%), getting into a fight under their effect (53.2%),
intoxication that led to fall/injury/accident in (11.5%), experienced some physical/health
problem due to alcohol or drugs (46%). Some substance using street children also reported
getting into legal problems (27.4%), indulging in sexual behaviour under their effect (13%),
sexual activity for buying/getting or taking money for substances (12%). High incidence of
dropping out from school is also seen in children who take drugs. As far as work profile is
concerned, most of these children indulge in rag picking and begging. Inhalants such as
whiteners and thinners result in slurred or distorted speech, lack of coordination and
dizziness, and long term effects include inter alia damage to liver and kidney, damage to
bone marrow, hearing loss, severe and permanent brain damage, and even death.
10. To combat the burgeoning issue of drug proliferation amongst children, the Parliament in
its wisdom introduced a stringent provision viz. Section 77 of Juvenile Justice (Care &
Protection of Children) Act, 2015, which reads as thus:
11. A perusal of the above provision makes it pellucid that the new Act provides for
penalizing the act of giving children:-
The category of narcotic drugs and psychotropic substances is contained in the NDPS
Act,1985. But neither the NDPS Act, nor the JJ Act specifies what 'intoxicating liquor' is.
To understand the import and meaning of the term 'intoxicating liquor', it would be useful to
peruse the following extracts of State of Bombay v F. N. Balsara AIR 1951 SC 318:-
4. The water in which meat has been boiled; broth, sauce; the fat in which
bacon, fish or the like has been fried; the liquid contained in oysters.
5. The liquid produced by infusion (in testing the quality of a tea). In liquor, in
the state of an infusion.
Coming now to the various definitions given in the Indian Acts, I may refer in
the first instance to the Bombay Abkari Act of 1878 as amended by subsequent
Acts, where the definition is substantially the same as in the Act with which we
are concerned. In the Bengal Excise Act, 1909, liquor is said to mean liquid
consisting of or containing alcohol and includes spirits of wine, spirit, wine,
tari pachwai, beer, and any substance which the Provincial Government may ...
declare to be liquor for the purposes of the Act. In several other Provincial
Acts e.g. the Punjab Excise Act, 1914, the U.P. Excise Act, 1910, liquor is
used as meaning intoxicating liquor and as including all liquids consisting of or
containing alcohol. The definition of liquor in the Madras Abkari Act, 1886,
is the same as in the Bombay Act of 1878. Even if we exclude the American and
English Acts from our consideration, we find that all the Provincial Acts of this
country have consistently included liquids containing alcohol in the definition of
liquor and intoxicating liquor. The framers of the Government India Act,
1935, could not have been entirely ignorant of the accepted sense in which the
word liquor has been used in the various Excise Acts of this country and,
accordingly I consider the appropriate conclusion to be that the word liquor
covers not only those alcoholic liquids which are generally used for beverage
purposes and produce intoxication, but also all liquids containing alcohol. It
may be that the latter meaning is not the meaning which is attributed to the
word liquor in common parlance especially when that word is prefixed by the
qualifying word intoxicating, but in my opinion having regard to the
numerous statutory definitions of that word, such a meaning could not have
been intended to be excluded from the scope of the term intoxicating liquor as
used in Entry 31 of List II.
(emphasis supplied)
12. Thus, it cannot be gainsaid that intoxicating liquor cannot be confined to mean
beer,wine,etc as understood in common parlance. It's meaning would be expanded to
inhalants too. These inhalants contain inter alia solvents like toulene, methylbenzene,
trichloroethylene, etc. which are alcoholic, and produce the same effects on the body as an
alcohol does. Inhalants are highly addictive, like alcohol and are often the first drug
children experiment with because of their widespread and easy accessibility. To hinder the
menace caused by inhalants, the quest that this Board seeks to embark upon is whether
inhalants like correction fluids/whiteners, thinners and vulcanising solutions/sulochans can
be covered under the ambit of the term 'intoxicating liquor' as mentioned in section 77 of the
JJ Act,2015? The answer must be in the affirmative.
13. At the very threshold, it must also be borne in mind that the Act is welfare piece of
legislation, the preamble whereof encapsulates its intention viz. An Act to consolidate and
amend the law relating to children alleged and found to be in conflict with law and children
in need of care and protection by catering to their basic needs through proper care,
protection, development, treatment, social reintegration, by adopting a child-friendly
approach in the adjudication and disposal of matters in the best interest of children and for
their rehabilitation through processes provided, and institutions and bodies
established.........
14. The interpretation of the statute particularly of Section 77 depends upon the text and
context thereof and having regard to the object with which it was made. That interpretation
should be adopted which furthers the cause of the segment for whom the legislation was
enacted viz. all children i.e persons under the age of 18 years. The interpretaion should be
construed liberally enough to give teeth to the said provision. Therefore, purposive
interpretation should be embraced.
15. With respect to the concept of purposive interpretation of a statute, recently the Hon'ble
Supreme Court of India in Abhiram Singh v. C.D. Commachen, (2017) 2 SCC 629 held
that:
37. In the same decision, Lord Steyn suggested that the pendulum has
swung towards giving a purposive interpretation to statutes and the shift
towards purposive construction is today not in doubt, influenced in part by
European ideas, European community jurisprudence and European legal
culture. It was said: [R. (Quintavalle) case [R. (Quintavalle) v. Secy. of State for
Health, 2003 UKHL 13 : (2003) 2 AC 687 : (2003) 2 WLR 692 (HL)] , AC p.
700 C-F, para 21]
21. the adoption of a purposive approach to construction of statutes
generally, and the 1990 Act [Human Fertilisation and Embryology Act, 1990] in
particular, is amply justified on wider grounds. In Cabell v. Markham [Cabell v.
Markham, 148 F 2d 737 (2d Cir 1945)] Learned Hand, J. explained the merits
Of course it is true that the words used, even in their literal sense, are the
primary, and ordinarily the most reliable, source of interpreting the meaning of
any writing: be it a statute, a contract, or anything else. But it is one of the
surest indexes of a mature and developed jurisprudence not to make a fortress
out of the dictionary; but to remember that statutes always have some purpose
or object to accomplish, whose sympathetic and imaginative discovery is the
surest guide to their meaning.
16. In the context of social adjudication, certain observations were made in the
aforementioned judgment, relevant extracts whereof are as under:
17. The leitmotif discernible from the aforesaid observations of the Hon'ble Apex Court lead
to the inference that Courts should lean strongly against any construction that would render
a statute futile, and should instead, construe it in a way to give effect to the very purpose
behind its enactment. Therefore, being a remedial statute, the JJ Act , particularly Section 77
has to be given liberal interpretation to cover within its ambit all fluids containing alcohol or
compounds which have an intoxicating and an addictive effect. This Board is thus of the
opinion that whiteners/correction fluids, thinners and vulcanised solutions/ sulochans are
hereby covered within the ambit of the term 'intoxicating liquor' used in Section 77 JJ Act,
2015.
18. It is the duty of the State as enshrined in Article 47, Part IV of the Constitution of India to
raise the level of nutrition and the standard of living and to improve public health. It is
mandated that the State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the consumption, except
for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. At
the time when the process of framing of our country's Holy Document was underway, one
of the members Sh A.V Thakkar had remarked during the debate on the aforementioned
Article held on 24.11.1948 :
19. The concomitant analogy that can be deciphered from the above statement is that if the
drug pushers are kept at bay and the sale of intoxicating fluids is regulated, the proclivity of
children to fall prey to addiction would reduce drastically. The extirpation of the source of
these drugs and fluids is the only potent force to stop addiction, and the path to ameliorate
the condition of these hapless children of Delhi.
21. It is observed by the Board that the above said notification is not being implemented in
its true spirit. In an article by Roy Gigengack titled 'My Body Breaks.I Take Solution.
Inhalant Use In Delhi As Pleasure Seeking At A Cost' published by International Journal
of Drug Policy 25 (2014) 810-818, the author conducted a fieldwork and concluded that:
Inhalants in India are branded: Eraz-Ex diluter and whitener, manufactured by Kores, are
used throughout Delhi;Omni glue in one specific area. There is a general lack of awareness
and societal indifference towards inhalant use.. The cover term for inhalants is solution,
called fluid in English and salusion in Hindi. According to the Article, street children refer to
the diluter or thinner as pani wala, and to whitener as choona wala. Correction fluids /
diluter / nail polish removers and thinners are still being sold in bottles in Delhi. The Board
was shown a correction fluid bottle of 'Kores Eraz-Ex'. First of all, the fluid is sold in a
bottle in contravention of point (ii) of the aforementioned Govt Notification. Secondly, it
does not contain any mandatory warning, thereby contravening point (iv) of the Notification.
Further, fluids sold in pens too, do not contain mandatory warnings as stipulated in point (iv)
above. Apart from 'keep out of children reach' and 'harmful if swallowed or inhaled', there is
no warning regarding the effects on health, unlike the statutory warnings mentioned in
cigarette and tobacco packets. The latter contain, apart from pictorial depictions, a written
warning that consumption thereof cause oral cancer, throat cancer etc. Such explicit
22. Lastly, it would be apposite to peruse Sections 3 (iv) & (vii) of the Juvenile Justice
(Care & Protection of Children) Act, 2015, which read as under :
Sec. 3 (iv) Principle of best interest : All decisions regarding the child
shall be based on the primary consideration that they are in the best
interest of the child and to help the child to develop full potential.
23. A drug free environment would ensure reduction of vulnerabilities as mandated under
Section 3(vii), and to achieve the said legislative intent, all resources are to be mobilised.
Development of full potential of a child as envisaged in Section 3.(iv) can be achieved by
taking a decision to ban the sale of intoxicants and to impede their proliferation. Thus, it
cannot be gainsaid that the above principles are to be considered while passing any order for
the benefit of children. Further, the powers, functions and responsibilities of the Board are
enshrined in Section 8 of the Juvenile Justice (Care and Protection of Children) Act 2015,
and it would be befitting to peruse clause (b) sub section (3) thereof:
ensuring that the child's rights are protected throughout the process of
apprehending the child, inquiry, aftercare and rehabilitation;
24. This provision would be a dead letter if the substances as mentioned above are allowed
to be sold to children with impunity. After his release from the de-addcition centre, the child
will again be thrown into the same environment which compelled him to enter into the
juvenile justice system in the very first place. This could not have been the intention of the
Legislature, and this Board would certainly not be discharging its responsibility by allowing
unabated proliferation of such substances.We cannot be a mere witness to this systematic
ruination of an entire generation that is gradually succumbing to the grip of drugs.
25. Accordingly, in view of the reasons hereinabove discussed in extenso, and invoking
Section 3 (iv),3(vii) and 8 (3)(b), this Board hereby issues the following directions:
A) The Government of NCT of Delhi, through the Chief Secretary is hereby directed to
issue appropriate instructions by way of notification, circular or otherwise, banning
the sale of correction fluids/ whiteners, thinners/diluters and vulcanised
solutions/sulochans to children below the age of 18 years unless the child is
accompanied by parents/guardian, or has a letter from the school authorities
signifying their assent to purchase of the same.
B) As early as July 2015, the Directorate of health GNCTD was to work out a concrete
plan for setting up de-addiction and rehabilitation centres for each district which
would include, but would not be limited to, utilization of existing capacity in
government institutions and hospitals. In the September 2016 Draft Report
commissioned by the Department of Women and Child Development, Govt of NCT
of Delhi titled 'Mapping and Size Estimation of Street Children who use drugs in
Delhi' the magnitude of substance abuse was reflected, and according to the figures,
around 19,320 to 27,090 street children were afflicted by this malaise.11% of the
affected uses inhalants such as whiteners and thinners, as has been used by the CCL
in the present case. As far as school children are concerned, a survey was conducted
in 2015 by the DSLSA jointly with IHBAS and SPYM, and the statistics are equally
startling, and alarming- around 36% of such children indulged in substance abuse out
of the sample of 225. With such a large majority of children populace afflicted by
drug addiction, it is imperative that appropriate number of drug de-addiction centres
be established. Last year in 2016, this Board sent 111 children for rehabilitation to
the drug de-addiction centre at SPYM, Kingsway Camp. At the time of writing this
order, it was informed to the Board by Sh Shivendu Bhattacharya, from SPYM, that
there are only two de-addiction centres for children for entire Delhi having a
capacity of 50 each viz. one at Kingsway Camp (only for CCLs) and the other at
Delhi Gate (only for CNCPs).They are currently housing 87 and 73 children
respectively, well beyond their capacity. This Board is regularly receiving CCLs who
are substance abusers, and has no option but to send them to the de addiction centres
for their rehabilitation. With the ever increasing number, where will this Board
send these children? One drug afflicted child is too many. The need of the hour is to
have at least one de addiction centre for children in each district. The Govt is hereby
called upon to utilize/operationalise its funds including the Juvenile Justice Fund as
per Section 105 of the Act of 2015, and expedite setting up of such centres for each
district.
D) The Government may also explore options of spreading awareness about National
Drug De-addiction Helpline No. 1800-11-0031, and if possible to explore the
possibility of launching a 3 to 4 digit helpline number which would be easier to
remember that the ten digit number at present.
26. The Delhi State Legal Services Authority is also hereby requested to conduct continuous
awareness programmes regarding drug addiction, prevention and treatment in schools and in
communities, to tackle this situation which is growing in epidemic proportions. Copy of
this order be therefore sent to Ld Member Secretary, DSLSA.
27. A copy of this order be sent to the Chief Secretary, Govt of NCT of Delhi for necessary
information, compliance and for filing of status/action taken report on the NDOH on
17.04.2017.
28. A copy of this order be also sent to the Superintendent, SPYM to chalk out an effective
rehabilitation plan post his release from the Institution including getting him admitted to a
school for his educational rehabilitation.
29. The CCL be hereby referred to the counsellor Ms Prateeksha, HAQ, who shall file the
counselling report on the NDOH.