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Synopsis

The Uttarakhand High Court has taken suo motu cognizance of a video depicting Indian cricketer Virat Kohli highlighting problems faced by children due to lack of facilities to play outdoor sports like football and cricket.

A bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal issued notice to the Union and state governments, saying that they are obligated to protect the rights and interests of children and youth to play outdoor sports in their colonies, localities and surroundings, while also dealing with concerns of the elderly and grown-ups.

Reflecting upon the current scenario, the bench said, "Very often, we find that open spaces are turned into ornamental parks with trees planted all over, leaving hardly any space for any sporting activity". 

"Right in the middle of the parks and lawns, fountains are erected - which rarely function. The parks are filled with benches for the elders and toddlers to sit, so they can  spend their mornings and evenings. Unfortunately, there is hardly any consideration shown to the needs of the children and youth, to pursue outdoor sporting activities in their localities and colonies. Children are not permitted to play freely in open parks within their localities and colonies, least the games that they play - which often is cricket or football, results in the ball landing, either on somebody’s roof - damaging the lights etc or on car, or breaking the windshield, or a glass window," the court said.

The elders are also uncomfortable sitting in such surroundings, with or without infants, fearing that they or the infants may be hit by the ball with which the children play, the bench added.

Holding that sports helps physical and mental growth, the bench said that on being denied the right to play outdoor sports in their own localities and colonies, children get reduced to display screen addicts. 

"They spend time watching television; computer screens; tablets, and mobile phones. They don’t actually play sporting games which involve physical activity, but become good at playing virtual sports", the bench said.

Further, referring to 'Khelo India' scheme by the central government, the bench said, "In our view, merely opening up the stadiums and large playgrounds - earmarked for sporting activities, for the public at large, may not be sufficient to address the issues raised in the video graph in question. This is because, most families would not have the resources, or the time, to drop and pick up children from such stadia and parks, on a daily basis, preventing them to pursue their outdoor sporting activities".

"It is, therefore, necessary, that children should be free to play the outdoor sports which they  wish to play, within their colonies and localities, under the gaze of their parents and caregivers from their own homes," the bench added.

Court suggested that the state government could decide to provide and erect nets or fencing on the exterior boundaries of the playing area, or provide such other facilities, as are considered necessary to prevent any inconvenience to anyone when children and youth pursue their outdoor sporting activities. 

"The State should also reconsider their policy of developing, or permitting the development of parks and lawns – in colonies / localities, and public parks, for ornamental purposes, at the cost of denying open spaces and playgrounds to children and youth for pursuing outdoor sporting activities," the bench said.

Case Title: Suo Moto PIL: In the matter of “Let The Children Play” by increasing the facilities of sports v. Principal Secretary, Department of Women Empowerment & Child Development and others