Use of Children in rallies by Government except for National days violates their human rights and Indian Constitution.-High Court of Andhra Pradesh

Court: High Court of Andhra Pradesh
DOD :27.03.2019. 
Parties: Old Students Association VS The State of Andhra Pradesh.

PRAYER: 

1. Petition under Article 226 of the Constitution of India praying  High Court may be pleased to issue any order, direction, writ more particularly a writ in the nature of mandamus to the official respondents by declaring their acts of involving school children in any rallies and gatherings of any kind as a form of captive audience, as illegal, unconstitutional, immoral.

2. High Court may be pleased to direct the respondents not io involve the school children’s and students in any of the Government rallies, gathering as captive audience henceforth.

Case of Petitioner: 

1. 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.

2.  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 polities, irrespective of how unpopular they may be in reality.

3.  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.

4. 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. 

5. These rallies and marches are often conducted during school hours in the middle of the day, which results into school children been 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.

6. Often, the school children and teachers have in cope with the extra burden of making up for lost school time, while the government has unmorally gained political millage and media exposure for their policies by using school children as a sort of hired mols and captive audience.

Judgment of the Hon’ble Court with reasoning:

1. According to Fundamental duties enshrined In Indian Constitution, it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.

2. If for any reason, the State authorities compel the school children or college students or any other children to participate in any programs other than the programs referred to in clause {a) above i.e. children are being participated in several programs on the eve of Republic day and Independence day being organized by the school and State.

3. It would amount to a violation of fundamental right guaranteed under the Constitution of India and in violation of Article 355 of the Constitution of India, and also, a violation of the human rights of children as per the United Nations Convention on the Rights of the Child, 1989.

4. If for any reason, any untoward incident takes place due to such participation in the future, Government shall pay compensation to such children or their families depending upon the circumstances.