Children’s Right to Play Upheld by Karnataka High Court
In a significant ruling, the Karnataka High Court has affirmed that children possess a fundamental right to play, and apartment owners’ associations cannot arbitrarily restrict this right. This decision was delivered in the case of Sangeetha Agarwal v Esteem Gardenia Apartment Owners Association by Justice Hanchate Sanjeevkumar.
The Court quashed an association’s decision that barred children from utilizing the apartment’s playground, emphasizing that such prohibitions detrimentally affect children’s overall health. Justice Sanjeevkumar remarked that the right to play is integral to a child’s development, stating, “Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health,” according to the judgment dated June 16.
Vague Restrictions on Playground Use
The association contended that the playground was suited only for certain games, yet failed to specify which activities were permissible. The Court found this stance to be vague and insufficient, indicating that the association could not impose such restrictions without clear justification. “The averment made in the written statement is vague in nature and without giving any clarification. On the guise, the defendant is not supposed to prohibit the children from playing games in the play area,” the Court clarified.
Justice Sanjeevkumar directed the association to convene a general body meeting within three months to decide which games may be played in the playground, ensuring that the decision is made with transparency and community involvement.
Common Area Obstructions Also Addressed
In addition to playground restrictions, the case also highlighted another issue concerning the obstruction of a stairway by flowerpots. The petitioners reported a dangerous incident where one resident suffered a serious injury after slipping on a wet stairway, attributed to the overflow of water from the flowerpots.
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The initial trial court acknowledged that the flowerpots were placed in a common area but dismissed the claim due to a lack of proven illegality. However, the High Court overturned this decision, underlining that the stairways constitute common areas, and any obstruction infringes upon residents’ right to free movement.
The High Court criticized the trial court for not addressing the situation practically and neglecting the hazard posed by the mismanaged common areas. “The trial court has not considered this aspect in a practical way. Therefore, the plaintiffs have proved the fact that keeping the pots and watering them causes the floor to become wet and slippery, which obstructs free movement of the owners of the flats in the apartment,” the High Court noted.
Consequently, the High Court ordered the removal of all flowerpots from stairways and corridors and mandated that no items be placed in common areas that are regularly used by residents. The plaintiffs in the case were represented by Advocate BS Jeevan Kumar.
