In a significant ruling aimed at protecting the welfare of minors, the Kerala High Court has called for strict action against parents who bring small children to protests and agitations. The Court observed that children, particularly of tender age, may experience emotional distress and face potential physical harm when exposed to such environments.
The judgment was delivered by Justice PV Kunhikrishnan while hearing the case of Suresh & Anr v. State of Kerala & Anr. The Court emphasized the responsibility of law enforcement agencies to act against parents who willfully involve young children in protests as a means of drawing attention to their cause.
Court’s Concerns on the Impact of Protests on Children
Justice Kunhikrishnan expressed concern over the rising trend of parents using children as tools to attract media and public attention during protests. The Court noted that this practice is not only inappropriate but could also be damaging to the mental and physical well-being of the children involved. The judge remarked:
“It is an alarming practice that children, who should be at school or enjoying their childhood, are being brought to the forefront of protests and agitations. These children are exposed to emotionally charged and, at times, hostile environments that can cause long-term harm to their development.”
The Court highlighted that while protests and demonstrations are essential elements of a democratic society, children should not be used to further the agendas of adults, as their participation in such activities often puts them in harm’s way.
Legal Basis for the Decision
Justice Kunhikrishnan underscored that bringing children to protests contravenes several legal principles aimed at safeguarding children’s rights. The Court referenced provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Constitution of India, both of which emphasize the protection of children from any form of exploitation, abuse, or harm.
Specifically, the Court alluded to:
● Article 39(e) of the Indian Constitution, which directs the State to protect children from being forced into activities unsuited to their age.
● Section 75 of the Juvenile Justice Act, which penalizes those responsible for causing mental or physical suffering to children.
The Court observed that exposing children to the emotional and physical rigors of protests could amount to mental abuse, thus falling under the ambit of Section 75 of the Act. Justice Kunhikrishnan added:
“The law cannot condone such reckless behavior by parents, and law enforcement must ensure that children are not used as pawns in protests that can have harmful consequences on their well-being.”
Directive to Law Enforcement Agencies
The Kerala High Court further directed law enforcement agencies to be vigilant and proactive in identifying instances where children are being brought to protests. Justice Kunhikrishnan stated that any parent or guardian found guilty of deliberately placing their children in such situations should face appropriate legal consequences.
The Court urged the police and other authorities to not only take preventive measures but also, where necessary, initiate proceedings against parents under relevant sections of the Juvenile Justice Act.
“Children are the future of our nation, and it is our collective responsibility to ensure they are raised in a safe and nurturing environment. Any attempt to endanger their well-being through participation in protests must be met with strict legal action,” the Court asserted.
Public and Legal Reactions
The ruling has garnered widespread attention, with child rights activists praising the Court’s stand on protecting children from being exploited in the context of protests. Many legal experts have also highlighted the importance of the judgment in reinforcing the legal framework that protects minors.
Advocate Praisy Thomas, representing the petitioners, argued that involving children in such activities not only poses risks to their safety but also violates their fundamental rights to education and personal growth. She pointed out that several international conventions, including the United Nations Convention on the Rights of the Child (UNCRC), to which India is a signatory, prohibit the exploitation of children in any form.
“Children are impressionable and vulnerable. Allowing them to witness or participate in protests can leave lasting emotional scars. This ruling sends a clear message that the legal system will not tolerate such actions,” Advocate Thomas commented.
Implications of the Judgment
The Kerala High Court’s decision is expected to have wide-reaching implications, particularly in states where protests are a frequent occurrence. By holding parents accountable, the judgment seeks to deter the practice of bringing minors into volatile environments and ensuring their rights are prioritized.
The ruling also places a greater onus on law enforcement agencies to monitor protests closely and take action when necessary. The Court advised that the police should not hesitate to intervene when children are found to be participating in demonstrations, even if the protests are otherwise peaceful.
Legal experts believe that this judgment could pave the way for more comprehensive regulations that prevent children from being involved in political or social demonstrations in the future.
Conclusion
In light of the Kerala High Court’s ruling, parents, guardians, and protest organizers must reconsider involving children in protests and dharnas. The legal system has made it clear that the safety, well-being, and rights of children cannot be compromised, even in the name of activism.
The Court’s call for strict action against parents who endanger their children in this manner serves as a reminder that children’s rights must always come first, and any attempt to exploit or expose them to harm will face legal repercussions.