Supreme Court Emphasizes Sports as Fundamental Right in Digital Era

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Supreme Court Emphasizes Sports as Fundamental Right in Digital Era

Supreme Court Advocates for Sports in School Curriculum

The Supreme Court of India has highlighted the critical importance of sports and physical activities for children, especially in the current digital age where playgrounds are often neglected. This observation was made while hearing a public interest litigation (PIL) that seeks to establish sports and physical literacy as a fundamental right under Article 21A of the Indian Constitution, which ensures free and compulsory education for children aged six to fourteen. The PIL also calls for mandatory inclusion of sports education within school curricula.

The case, known as Kanishka Pandey vs Union of India & Ors., was presented before a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta. The Court acknowledged the significance of the issue raised in the petition, noting, “This is a laudable request. This is absolutely essential. And now in this digital age children are totally getting away from fields.”

Originally filed in 2017 by a law student, the PIL requests the Union government to form a high-level committee to consider constitutional amendments that would promote sports education and a sporting culture. In April 2022, Senior Advocate Gopal Sankaranarayanan, acting as amicus curiae, provided suggestions to the Supreme Court regarding potential amendments to Article 21A and the Directive Principles of State Policy. These amendments would impose a state obligation to foster sports activities, allocate adequate funding, and ensure the integration of sports education across various educational boards.

Sankaranarayanan also proposed that school boards like CBSE and ICSE dedicate 90 minutes of school time to physical activities and improve access to sporting facilities, particularly for differently-abled children.

During the recent hearing, Additional Solicitor General KM Nataraj represented the Union government. He informed the Court that the Centre was still formulating its response. The Court recognized the potential of a compulsory sports curriculum to bridge the increasing gap between children and physical activity. Nataraj concurred, emphasizing, “Yes, for sports, playgrounds in schools, etc., it’s absolutely required.”

An advocate informed the Court that an application had been filed by four Arjuna Awardees seeking impleadment in the matter. The Court instructed that the report prepared by Sankaranarayanan on March 17, 2022, be disseminated to the counsel for the States and other involved parties within two weeks. Further hearings are scheduled for September 22.

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