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2019 DIGILAW 69 (MEG)

M. Kharkongor v. State of Meghalaya

2019-03-13

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : MOHAMMAD YAQOOB MIR, J. 1. Additional affidavit has been filed by Joint Secretary to the Government of Meghalaya, Social Welfare Department, Shillong wherein it is stated that high level meeting was convened by the Chief Secretary to the Government of Meghalaya, in the meeting, members unanimously expressed great concern about rise of substance/drug abuse amongst children and adolescents in the State which requires immediate attention. 2. The Secretary Health and Family Welfare Department informed that consultation are on with NEIGRIHMS for setting up de-addiction treatment centre until the State Government has its own infrastructure to address this complex issue of de-addiction and other related problems. It is also stated that Sanker Institute is an empanelled NGO, Kripa Foundation and New Hope Foundation are also running de-addiction centres other NGOs were provided all assistance and support. 3. It is further stated that State Government, in coordination with the respective departments, has decided that the Health department will identify a suitable land for setting up a de-addiction treatment centre followed by submission of proposals to the Ministry under the Central Sector Scheme of Assistance for prevention of alcoholism and substance (drug) abuse. Meanwhile shall continue to provide assistance to all the Institutions, NGOs running de-addiction centres for organizing various programmes, trainings, counseling skills etc. Health department is stated to have made certain arrangements i.e. Opioid Substitution Theraphy (OST) is being implemented in the State through NGOs. At present the State is having five OST centres and all the centres are managed by experienced and dedicated staff. 4. We have considered the additional affidavit as filed what transpires is that the letter of the Chairperson, State Commission for Protection of Child Rights dated 29.11.2018 has remained to be answered as in the letter, she had proposed to set up de-addiction centre at Government Hospitals. That proposal was being examined by the Government in consultation with the Health and Family Welfare and Social Welfare Departments. 5. It was also made clear that the National Action Plan for Drug Demand Reduction, Task Force Committee had submitted the Draft State Action Plan for Drug Demand Reduction in the year 2017, same position was taken note of in the order dated 25.02.2019 and in the same context, Social Welfare Department was directed to make its position clear. 6. 5. It was also made clear that the National Action Plan for Drug Demand Reduction, Task Force Committee had submitted the Draft State Action Plan for Drug Demand Reduction in the year 2017, same position was taken note of in the order dated 25.02.2019 and in the same context, Social Welfare Department was directed to make its position clear. 6. Steps as have been taken as indicated in the additional affidavit are also welcome steps but the respondents require to file another additional affidavit so as to indicate as to what had happened to the Draft State Action Plan for Drug Demand Reduction which had been submitted in the year 2017. 7. Issue being a very serious one requires serious attention. To ascertain the actual fact about working of de-addiction centres and OST centres therefore, we deem it appropriate to request Mr. SP Mahanta, senior advocate to assist the Court in the matter as Amicus Curiae. Mr. SP Mahanta who is present in the Court agreed to assist the Court as Amicus Curiae. 8. We direct the respondents that as and when learned Amicus Curiae wants to have the information about de-addiction centres including position of OST centres, be extended full support and to facilitate his visit to those centres. Mr. SP Mahanta will also file his response within two weeks. 9. Registry to provide copy of the pleadings as well as copy of the affidavit so far filed by the respondents to learned Amicus Curiae. 10. List again after two weeks.