Ernakulam has most cases of student drug abuse: Kerala High Court calls for action plan

The Court said that without proper studies or detailed data, the State's actions to curb drug abuse among school and college going students would remain ineffective.
Kerala High Court, No Drugs
Kerala High Court, No Drugs
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The Kerala High Court on Thursday noted that the city of Ernakulam recorded the maximum number of drug abuse cases involving school children and youth in the State over the past decade and sought an action plan to tackle the problem [Kerala State Legal Services Authority v State of Kerala & ors].

A Division bench of Chief Justice Nitin Jamdar and Justice C Jayachandran observed that without proper studies or detailed data, the State's actions to curb the growing menace of drug abuse among school and college going students would remain ineffective.

CHIEF JUSTICE NITIN JAMDAR and JUSTICE C JAYACHANDRAN
CHIEF JUSTICE NITIN JAMDAR and JUSTICE C JAYACHANDRAN

The Court was hearing two connected petitions, one filed by the Kerala State Legal Services Authority (KELSA) and the other by a concerned mother of two school-going children, both raising alarm over rising drug use among minors and the need for structured intervention.

The Court examined the affidavit submitted by the State Home Department, which reported that from 2015 to 2024, the highest number of drug abuse cases involving children below 18 years was recorded in Ernakulam City, with a total of 53 cases.

"An affidavit has been filed by the Deputy Secretary, Home Department, wherein only the figures of the cases registered against the children in various districts have been enumerated. The table showing district-wise cases registered against the children below 18 years for usage of drugs indicates that the highest number in the State is in Ernakulam City, with 53 cases from the year 2015 to 2024," the Court said in its order.

However, it also said that the data provided no meaningful analysis or pattern to understand regional trends, age specific vulnerabilities, or the causes of drug abuse.

"No inference from the study or any patterns based on age, locality and other factors seems to be available with the State or at least not placed before the Court despite direction. A focused study is required to ascertain the regional trend and the reasons behind the use; only then can effective measures be taken.", the Court added.

Accordingly, it directed the Commissioner of Police of Ernakulam City to share a specific plan of action proposed to tackle the issue in the city.

It also noted that the petitioner, who pointed at the increasing cases of drug abuse in Ernakulam, had collected independent data, which would be shared in advance with the Police Commissioner.

CHIEF JUSTICE NITIN JAMDAR and JUSTICE C JAYACHANDRAN
CHIEF JUSTICE NITIN JAMDAR and JUSTICE C JAYACHANDRAN

The Court also revisited issues raised in the petition filed by KELSA relating to the delay in appointments of Special Public Prosecutors and scientific personnel in the state's forensic laboratories.

It observed that the delay in filling vacancies was not just hampering trials under the Protection of Children from Sexual Offences Act (POCSO Act) but also causing serious delays in trials under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

Citing the impact of such scenarios on the criminal justice system, the Court directed the Registrar (District Judiciary) to submit a report on pending NDPS trials across Kerala held up due to delayed forensic reports.

The Court also instructed the Public Service Commission and the State government to coordinate and submit a plan to prevent NDPS trials from being stalled in the future.

"We are not entering into the merits and demerits of the counter affidavit. We are concerned with the resultant situation. It is for the State Government and the Commission to co-ordinate and ensure that these posts, which directly affect the criminal justice system in the State more particularly the issue at hand, do not remain vacant for an unduly long period of time.", the Court stated.

The matter will be taken up next on July 23.

Kerala State Legal Services Authority (KELSA) was represented by advocate Roshen D Alexander.

Advocate G Hariharan appeared for the petitioner-mother.

The State was represented by state attorney N Manoj Kumar and government pleader PG Pramod.

Standing counsel PC Sasidharan appeared for Kerala Public Service Commission.

[Read Order]

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Kerala State Legal Services Authority v. State of Kerala
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