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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 906 OF 2014

BACHPAN BACHAO ANDOLAN .... PETITIONER

VERSUS

UNION OF INDIA & ORS ..... RESPONDENTS

J U D G M E N T

Dr D Y CHANDRACHUD, J

These proceedings which have been instituted under Article 32 of the

Constitution by Bachpan Bachao Andolan bring focus upon the alarming increase in

the use of drugs and alcohol among children in India. The petition has been

instituted in the public interest for enforcing the fundamental rights of children

particularly those suffering from and involved in substance use and abuse. The

petitioner seeks the intervention of this Court for a mandamus to the Union of India

to formulate and implement a national action plan for children on the issue of drugs,

alcohol and substance abuse amongst children. This must, according to the

petitioner, include in its coverage issues pertaining to identification, investigation,

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recovery, counselling and rehabilitation. This essentially is the main relief which has

been sought. Other incidental directions include steps to incorporate appropriate

content in the school curriculum; creation of a coordinating body; imposing

mandatory duties for reporting drugs and substance abuse on school principals and

on the police; establishment of de-addiction centres in every district and at the tehsil

level; protecting children reporting drug use from harm; preparation of a national

database and a direction for the registration of cases against persons supplying

tobacco, alcohol and drugs to children. Supplemental reliefs are claimed in these

proceedings.

2 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. A

nationwide survey was carried out on the basis of a representative household

sample across the country as the National Family Health Survey, 2005-06. The

petitioner has relied upon several reports which indicate the nature and extent of

substance abuse in children. Many of them make recommendations for the

formulation and implementation of policy.

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3 In this part of the judgment, we will broadly summarize the content of the

reports mentioned above :

(i)Report of Planning Commission’s Working Group on Adolescent and Youth

Development, for formulation of 12

th

Five Year Plan (2012-17) :

“Substance abuse among young people is on the

increase. That could be due to peer pressure or stress

and frustration. Children are not fully aware of the full

implications of abuse to their health and to their life. Drug

mafia and cartels target young people in cities and towns

and once they are addicted, it is an easy market for

them.”

(ii)Research Study by National Commission on Protection of Child Rights

(August 2013) :

The final study sample comprised of 4024 children between 5-18 years of age. The

study indicates that :

“…Of the boys aged 15-19 years (n=13,009), 28.6%

reported tobacco use and 11% reported alcohol use.

Similarly, in the girls aged 15-19 years (n=24,811), 3.5%

reported tobacco use and 1% reported alcohol use. It

appears to be an upward trend from the previous round

of the survey (NFHS-2; 1998-99) where the prevalence of

alcohol use was found to be 2.4% for boys and 0.6% for

girls [13). Further, it appears that among those who

‘drink’, a significant percentage of boys and girls are

using alcohol at least weekly (18.3-39.8%) or even daily

(3.4-6.8%)…..majority reported a lifetime use of variety of

substance. Tobacco at 83.2% and alcohol (68% were the

most common substance followed by cannabis (35.4%),

inhalants (34.7%), pharmaceutical opiods (18.1%),

sedatives (7.9%) and heroin/smack (7.9%). A significant

proportion (12.6%) reported use of injectable

substances.”

The study showed several glaring issues pertaining to the pattern of substance

abuse amongst children :

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· Tobacco and inhalants were used almost on a daily basis,

several other substances were being used on less than daily or

intermittent basis in the past month

· The study showed that 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 then to

use of harder substances- opium, heroin (14.3-14.9 years) and

then finally use of substances through injecting route (15.1 years).

· The study highlighted the regional issues and preferences.

Choice of substance showed some regional variations.

· The study also highlighted various other issues pertaining to

rehabilitation and reintegration of children in the mainstream of

society.

· Recommendations :

1) The study has highlighted the pressing need for

initiating programmes for prevention and treatment.

There is a need to sensitize the state governments and

all the important stakeholders about the problem of

substance use among children in the country;

2) Prevention programmes must target multiple settings

and multiple risk factors particularly vulnerable children

such as children of substance users, children injecting

substances, street children, children involved in child

labour, trafficked children, children of sex workers and

any other category most at risk;

3) Prevention in schools should include universal

prevention programmes such as education and life skill

programmes. School going children who are at risk

should have access to professional counselling in the

school setting;

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4) There is need for availability of specialized treatment

services for children who are using substances. These

services should be available in government hospitals;

NGOs funded by Ministry of Social Justice and

Empowerment (MSJE) and also by NGOs that provide

services to street children. Detoxification should be

available at government run de-addiction centres with

rehabilitation in NGO/Community setting with linkage with

NGOs;

5) Rehabilitation efforts focussing on skill building and

vocational training should be provided by NGOs;

6) Juvenile homes and Children homes should have

service provision for substance using children through

linkage with treatment service;

7) There is need for provision of service by the TI

NGOs to children who are injecting substances. Action to

be taken by NACO/SACS;

8) Prevention efforts must target both demand and

supply reduction efforts. Supply reduction efforts should

limit availability of tobacco and alcohol near residential

areas and schools;

9) Size estimation of substance using children should

be carried out in specific high risk areas, metropolitan

cities and conflict areas; and

10) School based surveys should be conducted at a

national level based on a representative sample.

(iii)Annual Report of the Ministry of Social Justice and Empowerment

(2013-2014)

1

:

1

Relevant part pg. 20, full report at pg. 157

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The report defines “a victim of substance abuse” as a person who is addicted

to/dependent on alcohol, narcotic drugs, psychotropic substances or any other

addictive substances (other than tobacco).

The report states:

· Alcoholism and substance abuse is assuming an alarming

magnitude. 12

th

plan envisages an urgent need for effective

counter measures through programmes in convergence mode

· Various Central Ministries need better coordination and

convergence.

· All existing schematic and non-schematic interventions made

by the ministries need to be integrated under a Mission Mode

programme.

· Preventive measures need to be taken to reduce both supply

and demand and universal access to preventive treatment and

rehabilitation of alcoholism and drug abuse.

· Integrated Rehabilitation Centres of Addicts (IRCAs) assisted

under the scheme of assistance for the prevention of alcoholism

and substance (drugs) abuse and for social defence services run

by voluntary organizations need to be strengthened

2

.

· Broad strategy

3

:

(i)The overall strategy is awareness generation,

identification, counselling, treatment and rehabilitation of drug

dependent persons though collaborative efforts of the Central

and State Governments, Voluntary organizations and other

national and international bodies. With a view to reducing the

demand for and consumption of addictive substances, the

thrust would be on preventive education programmes,

2 Page 167

3 Page no. 175 onwards

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comprehensive recovery of addicted persons and their

reintegration into society.

(ii)In order to achieve the objectives of the Policy, the key

strategies will be as follows :

To evolve appropriate models for the prevention of

alcoholism and substance abuse, treatment and rehabilitation

of drug dependent individuals;

To promote collective initiatives and self-help endeavour

among individuals and groups vulnerable to dependence or

found at risk;

To increase community participation and public

cooperation in the reduction of demand for

dependence-producing substances;

To create a pool of trained human resources personnel

and service providers to strengthen the service delivery

mechanisms;

To establish and foster appropriate synergy between

interventions by the State, corporate initiatives, the voluntary

sector and other stakeholders in the field of substance abuse

prevention;

To facilitate networking among policy planners, service

providers and other stakeholders with an aim to encourage

appropriate advocacy;

To promote and sustain a system of continuous

monitoring and evaluation including self-correctional

mechanism.



(iii)It is the aim of the draft National Policy to strive for a

society where use of intoxicating drugs is discouraged

through awareness generation and prevention, directed

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towards the young and adolescents-helping individuals make

appropriate choices and stay away from drugs. Persons

dependent on substance abuse will be encouraged to give up

drugs through a continuum of care and treatment services.

Reducing the demand for addictive substances with the active

support of all stakeholders, including governmental and civil

society organizations, is the goal.

(iv)While recognizing the need for services, it is also

necessary to increase the range of services and the access to

various modalities of interventions for prevention, treatment,

rehabilitation with a focus on the poor and marginalized

sections of the society. Special attention would be provided to

groups at high risk.

(v)School children are highly impressionable and are

influenced largely by the peer group behaviour. Appropriate

interventions in the form of curricular/co-curricular contents

will be put in place in the schools and colleges for awareness

generation. Interventions will be evidence based and

supported by sustainable strategies.

(vi)Street children/adolescents have always been

vulnerable to abuse of certain drugs like pharmaceuticals,

solvents, inhalants, etc. They do not have access to health

care and there is a total lack of preventive initiatives for these

children as they are cut off from school systems and

community programmes, which are the general vehicles for

such interventions. Curbing the sale and abuse of

pharmaceutical and other such substances, including

solvents, glue etc, will be an important element of the policy.

Rights of the children are to be respected and protected. The

National Commission for Protection of Child Rights (NCPCR)

visualises a rights-based perspective flowing into National

Policies and Programmes, along with nuanced responses at

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the State, District and Block levels, taking care of specificities

and strengths of each region.

(vii) Facilities exclusively for such adolescents should be

provided. The essential requirements for them include

psycho-social support, life skill training, nutrition and health

facilities, educational and formal training, recreational facilities

including sports and referral services. Protective measures will

be met through night shelters/drop-in centres and easy access

to health services including counselling and de-addiction

facilities. Police and judiciary should be sensitized about these

issues.

(viii) Women and young girls are affected by drug and

alcohol abuse in various ways. They suffer the economic,

social and physical consequences as partners of male drug

users. Some of them may themselves become addicted,

increasing their vulnerability for this population sub-groups.

(ix)Recognizing the close nexus between substance abuse

and HIV/AIDS and the fact that drug injecting person is

vulnerable to HIV/AIDS, the National Policy envisages that the

population at risk will be sensitized to the threat of and

wherever necessary, treated for screening and identification

for HIV/AIDS. Drug demand reduction and HIV/AIDS

prevention programmes will be synergized to address the

spread of HIV/AIDS amongst substance abusers.

(x)There will be three different levels of the substance

abuse intervention strategy as follows :

Primary prevention encouraging abstinence by generating

awareness;

Secondary prevention to facilitate the process of behaviour

change of high-risk individuals, early identification, treatment

and counselling of affected individuals;

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Tertiary prevention by providing rehabilitation and

reintegration of recovering persons into the social

mainstream.

Broad Strategy :

· Preventive education & awareness building by multiple agencies

·Comprehensive package for recovery of affected individuals

·Increase range of services

·Develop multiple modalities of interventions

(iv)National Policy on Narcotic Drugs and Psychotropic Substances (NDPS)

drafted by the Ministry of Finance, Depament of Revenue :

The Policy has attempted to curb the menace of drug abuse and contains provisions

for treatment, rehabilitation and social reintegration of victims of drug abuse :

·In Para 55 of the policy, special emphasis is made to

stop the menace of drug abuse amongst children e.g.-

local police should pay special attention to areas

surrounding schools and colleges; schools and colleges

to conduct surveys to assess the level of addiction;

educational authorities to include a mandatory and

comprehensive chapter on drug abuse and illicit

trafficking and its social-economic cost.

The policy, in its Annexure includes a time bound and

specific Plan of Action. The policy has prepared a ‘Plan of

Action’ with regard to the following recommendations:

National Drug Control System, National Survey on Drug

Abuse, Demand Reduction Activities, Supply Reduction

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Activities, Control of licit cultivation of opium poppy and

production of opium, etc.

4 We find that there have been numerous statements of policy, by different arms

of the government. 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.

5 United Nations Conventions

A.India is a signatory to three United Nations Conventions, having a bearing on

the issue :

1.Convention on Narcotic Drugs, 1961;

2.Convention on Psychotropic Substances, 1971;

3.Convention against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances, 1988.

India has an international obligation to curb drug abuse. The United Nations General

Assembly, in its 20th Special Session in 1998, has accepted demand reduction as an

indispensable pillar of drug control strategies. The demand reduction strategy

consists of education, treatment, rehabilitation and social integration of drug

dependent persons for prevention of drug abuse.

B.Article 38 of the Single Convention on Narcotic Drugs of 1961, suggests the

following measures against the abuse of drugs :

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1.“The Parties shall give special attention to and take

all practicable measures for the prevention of abuse of

drugs and for the early identification, treatment,

education, after-care, rehabilitation and social

reintegration of the persons involved and shall

co-ordinate their efforts to these ends.

2.The Parties shall as far as possible promote the

training of personnel in the treatment, after-care,

rehabilitation and social reintegration of abusers of

drugs.

3.The Parties shall take all practicable measures to

assist persons whose work so requires to gain an

understanding of the problems of abuse of drugs and of

its prevention, and shall also promote such

understanding among the general public if there is a risk

that abuse of drugs will become widespread.”

C.Article 12 of SAARC Convention on Narcotic Drugs and Psychotropic

Substances

4

:

Measures to eliminate illicit demand for Narcotic drugs and psychotropic substances

are set out as follows :

1.Each Member State shall take appropriate measures

to prevent illicit cultivation of and to eradicate plants

containing narcotic or psychotropic substances, such as

opium poppy, coca bush and cannabis plants, cultivated

illicitly in its territory.

2.The Member States may cooperate to increase the

effectiveness of eradication efforts. Towards this end,

Member States shall also facilitate the exchange or

4 Article 12, SAARC Convention on Narcotic Drugs and Psychotropic Substances

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scientific and technical information and the conduct of

research concerning eradication.

3.The Member States shall adopt appropriate

measures aimed at eliminating or reducing illicit demand for

narcotic drugs and psychotropic substances, with a view to

reducing human suffering and eliminating financial

Incentives for illicit traffic.

4.The Member States may also take necessary

measures for early destruction or lawful disposal of the

narcotic drugs, psychotropic substances and substances

listed in Table I and Table II of the 1988 U.N. Convention,

which have been seized or confiscated.

D.Article 33 of the Convention on Rights of Child provides as follows :

“States Parties shall take all appropriate measures,

including legislative, administrative, social and

educational measures, to protect children from the illicit

use of narcotic drugs and 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 for

1.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

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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 intervention

7 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)).

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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—

***

(viii iwho has been or is being or is likely to be

abused, tortured or exploited for the purpose of

sexual abuse or illegal acts; or

(ixiwho is found vulnerable and is likely to be inducted

into drug abuse or trafficking; or

(xiwho 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;

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(viii)Principle of non-stigmatising semantics;

(ix)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 base

9 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

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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.

10Generation 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.

11This is a basic deficiency which the Union government must redress at the

earliest. We direct that the Union Government shall expeditiously conclude the

national survey on drug abuse within a period of six months from today.

Immediate concerns

The immediate areas requiring remedial attention have been summarized below :

i Formulation of a national action plan for children;

iiCreation of a module containing an appropriate curriculum for children of all

age groups in order to keep them away from drugs, alcohol and tobacco;

iiiSetting up of de-addiction centres;

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ivEstablishing a standard operating procedure on enforcing the provisions of

the Juvenile Justice (Care and Protection of Children) Act, 2015 particularly

Sections 77 and 78; and

v Implementing the action plan with the national policy on narcotic drugs and

psychotropic substance which has been approved by the Union Cabinet.

The counter affidavit addresses the steps taken by MSJE thus :

“The Ministry implements Central Sector Scheme of Assistance

for Prevention of Alcoholism and Substance (Drugs) Abuse

under which financial assistance is provided to

NGOs/Voluntary organizations for running Integrated

Rehabilitation Centres for Addicts (IRCAs), organizing

de-addiction camps and conducting awareness programmes,

about the ill effects of Alcoholism and Substance (Drugs)

Abuse on the individual, family, workplace and the society at

large. At present the Ministry gives financial assistance to

approximately 400 Integrated Rehabilitation Centres for

Addicts (IRCAs), which are spread, all over the country, These

IRCAs aim at enabling the addict to achieve total assistance

and improve their quality of life. The IRCAs provide the whole

range of community based services for the identification,

motivation, counselling, de-addiction, after case and

rehabilitation for whole person recovery (WPR) of addicts to

make a person drug free, crime free and gainfully employed.”

The real need is to ensure the formulation of a National Plan so that all interventions

are in accordance with a properly formulated national policy framework.

12The Union Government has stated that a national policy on drug demand

reduction is being finalized. The priority areas of intervention would include capacity

building and training of service providers with a view to build up skilled manpower,

education and awareness building at all levels and inter-sectoral collaboration. The

policy also proposes to adopt a system of accreditation of de-addiction centres. The

policy must in our view address the need for setting up de-addiction centres in every

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district and address specific vulnerabilities particularly in the context of high risk

populations including children. We direct that this exercise be completed and that a

national policy be formulated within a period of six months from today.

13As regards the formulation of a curriculum incorporating appropriate aspects

of generating awareness and sensitisation, an affidavit has been filed on behalf of

the Department of Higher Education in the Union Ministry of Human Resource

Development. On 4 December 2015 directions were issued in the present case in

pursuance of which inclusion of issues relating to eradication of alcohol and drug

abuse in the New Education Policy was taken up. A consultative process has been

initiated by the Union Government. A committee was constituted on 31 October

2015 for the evolution of a New Education Policy (NEP). Out of 33 themes

identified, 2 themes of school education are titled : (i) comprehensive education –

ethics, physical education, arts and crafts; life skills; and (ii) focus on child health.

This, it has been stated, would cover “the implied importance of the inclusion of

issues pertaining to eradication of alcohol and drug abuse in the NEP.” MSJE has

recommended tobacco and education on drug abuse within two of the above

themes. This has been placed before the Committee. The court is informed that the

Committee indicated on 30 December 2015 that the theme relating to eradication of

alcohol and drug abuse will be included in its recommendations.

14 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.

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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.

15The 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 framework.

16We proceed to summarise, our directions to the Union government, as

indicated earlier : The Union government shall

(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, which will

among other things also address the areas of immediate concern noted earlier; and

(iii) Adopt specific content in the school curriculum under the aegis of NEP.

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17We dispose of the writ petition with the aforesaid directions. However, we

grant liberty to the petitioner to move the court in separate proceedings when it

becomes necessary to do so including on various aspects which have been the

subject matter of these proceedings.

............................................CJI

[T.S. THAKUR]

................................................J

[A.M. KHANWILKAR]

................................................J

[Dr D Y CHANDRACHUD ]

New Delhi

December 14, 2016