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The Punjab and Haryana High Court, has reportedly, while addressing the farmer’s protest case, lambasted the exploitation of children in the ongoing farmers' protests, calling it a grave misconduct by the agitating leaders. "Children were being used as shield, this is absolutely shameful!”, the court said.

The division bench, comprising Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji, vehemently criticised the tactic, deemingit a "sad state of affairs.” The condemnation came as images were presented by the Haryana government counsel depicting children being placed at the forefront of tumultuous protests. 

According to a report in India Today, the bench questioned the rationale behind involving children in such hazardous environments. "What kind of parents are you?"the court exclaimed, underlining the irresponsibility displayed by the protesters. The court further expressed concern about the alleged creation of a "war-like situation" during the protests.

The court's rebuke stemmed from its observation of the protests turning violent, especially on February 21, 2024, when law enforcement resorted to using water cannons, lathi charge, and non-lethal ammunition against the protesters. This clash led to numerous injuries, including those of 15 policemen and the tragic death of 22-year-old Shubhkaran Singh, a young farmer from Bathinda district.

In response to the incident, the court has formed a three-member panel led by a retired High Court judge to investigate the death of Shubhkaran Singh. The court justified the formation of  the committee stating, “for obvious reasons”highlighting the need for an impartial investigation outside the influence of the Punjab or Haryana state governments. This committee, led by a retired High Court judge and aided by two retired officers of the rank of Additional Director General of Police from Punjab and Haryana, aims to provide an impartial examination of the events that transpired.

Furthermore, the bench expressed dismay over the delayed response by  authorities, particularly the Punjab Police's tardiness in lodging a First Information Report (FIR) regarding Singh's death, a delay that stretched over a week post the incident. Notably, the incident occurred on February 21 while the FIR was lodged on February 28.

Assistant Solicitor General Satya Pal Jain, representing the central government, affirmed openness to dialogue, stating that discussions with farmer leaders could be arranged in Chandigarh or Delhi to hash out grievances and find a middle ground. 

The court not only focused on the immediate incidents but also voiced concerns over the broader aspects of the protests. The court pointed out the necessity of abiding by legal frameworks, such as the Motor Vehicle Act, when conducting protests. The Acting CJ GS Sandhawalia noted the misuse of tractors and trolleys, emphasising that while the right to protest is vital, it should not override other statutory regulations or jeopardize public safety. In this regard the court said, “According to Motor Vehicle Act, you cannot use tractors and trolleys on highway...you are travelling on your tractors and trolleys from Amritsar to Delhi.. everyone knows about their rights but there are also constitutional duties.”

The protests, initiated by farmers from Punjab and Haryana under the banner of "Dilli Chalo," aims to pressure the government into guaranteeing a minimum support price (MSP) for their crops. Currently, the farmers are camped at the Shambhu and Khanauri border points between Punjab and Haryana.

Cause Title : Uday Pratap Singh v. State of Punjab & Ors

photo courtesy: India Today