IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. Praveen Kumar, M. Satyanarayana Murthy, JJ.
Old Students Association, Osmania University – Appellant
Versus
State of Andhra Pradesh and Ors. – Respondents
W.P. (PIL) No. 249 of 2018
Decided On : 27-03-2019
Constitution of India, 1950 – Article 226 – Pro bono litigation – Seeking respondents to declare their acts of involving school children in rallies, gathering of any kind during school timings and on weekends as form of captive audience, as illegal and unconstitutional – Held, Not to compel children or college students who are not willing to participate in any State programmes, as it amounts to captive audience, except in events celebrated on Republic day and Independence day or in any event organized in compliance with Article 51-A of Constitution of India – State authorities compel school children or college students or any other children to participate in any programmes other than programmes would amount to violation of fundamental right and in violation of Article 355 of Constitution of India, so also, violation of human rights of children as per United Nations Convention on Rights of the Child, 1989 – If any untoward incident takes place due to such participation in future, Government shall pay compensation to such children or their families depending upon circumstances – Writ petition disposed of (Para 51 and 52)
Facts of the case:
Seeking respondents to declare their acts of involving school children in rallies, gathering of any kind during school timings and on weekends as form of captive audience, as illegal and unconstitutional
Findings of the case:
Not to compel children or college students who are not willing to participate in any State programmes, as it amounts to captive audience, except in events celebrated on Republic day and Independence day or in any event organized in compliance with Article 51-A of Constitution of India – State authorities compel school children or college students or any other children to participate in any programmes other than programmes would amount to violation of fundamental right and in violation of Article 355 of Constitution of India, so also, violation of human rights of children as per United Nations Convention on Rights of the Child, 1989 – If any untoward incident takes place due to such participation in future, Government shall pay compensation to such children or their families depending upon circumstances
Result: Writ petition disposed of
M. Satyanarayana Murthy, J.
1. A Registered Old Students Association, Post Graduate College, Osmania University, represented by its General Secretary - Sri A. Ramakrishna filed this writ petition under Article 226 of the Constitution of India, as a public spirited person and resorted to this pro bono litigation seeking writ of Mandamus to the official respondents to declare their acts of involving school children in rallies, gathering of any kind during school timings and on weekends as a form of captive audience, as illegal and unconstitutional.
2. The petitioner claiming to be a public spirited person having no direct interest in the litigation, filed this petition to protect the rights and interest of school children across the State, alleging that the Government of Andhra Pradesh has belatedly realized the value of public participation in dealing with recurring social problems. Unfortunately it has also grasped the political advantages of mobilizing the public for a good non-political cause and then finally portraying the enthusiastic public response towards said non-political cause as an endorsement of the government's policies and politics, irrespective of how unpopular they may be in reality. Often, a non-political gathering by citizens to raise awareness of any certain social evil or problem is hijacked by the ruling party's workers who promptly give the gathering a political colour. Certain elements of the media are then used to propagate the fallacy that common people are gathering to support the government's policies, no matter how illogical or against the public interest it may be.
3. The Government of Andhra Pradesh has started a new trend of mobilizing school children for rallies and public marches which are often co-ordinated by the teachers and school staff with the ruling party's workers. These rallies and marches are often conducted during school hours in the middle of the day, which results in school children being required by their teachers and school management to skip classes and march on the roads, chanting slogans and engaging in activities normally done by seasoned political party workers. Often, the school children and teachers have to cope with the extra burden of making up for lost school time, while the government has immorally gained political mileage and media exposure for their policies by using school children as a sort of hired mob and captive audience.
4. On 14.07.2018 at Pasuvulanka, East Godavari District, Andhra Pradesh, a boat carrying 31 people, mostly students, collided with a bridge under construction, across the Godavari river and capsized. Six female students drowned and after a massive rescue effort by divers from the Indian Navy and other central government agencies 25 children and people were rescued. It has been alleged that the students who were from the government high school at Pasuvulanka, East Godavari District were forced by their school staff and the official respondents to travel to Talavaripalemlanka (which is across the Godavari River) to participate in a government conducted programme called "Vanam-Manam" on the same day.
5. Thus, it is evident from the incident that the students were forced and compelled to participate in the programme by the official respondents despite the fact that it was a holiday and weather conditions were very bad, which made them to travel by boat, a hazardous venture. The boat which had a capacity of only 15 people, was loaded with 31 people without any life jackets and basic precautions. In fact the boat was operating in complete violation of Government order G.O.Ms. No. 667 dated 16.11.2017 issued by the Water Resources Department as admitted by the Collector of East Godavari District. It is further contended that the very fact, demonstrates the callous disregard, the official respondents have for the safety and well-being of students, since there was absolutely no reason for the students to risk their lives and forego a school holiday to
D.K. Basu v. State of West Bengal
GVK Industries Ltd. and another v. Income Tax Officer and another
Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India
Motilal Padampat Sugar Mills Company Ltd. v. State of U.P. and others
P.A. Jacob v. The Superintendent of Police, Kottayam
People's Union for Civil Liberties v. Union of India and another
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.