Supreme Court Considers Making Sports Physical Activity Part Of Children’s Fundamental Right; Flags Digital Age Impact On Children

The Supreme Court recently acknowledged the significance of sports and physical activity in children's lives, noting that modern technology is driving them indoors. In a public interest litigation case (PIL) Kanishka Pandey vs Union of India & Ors, a bench led by Justices Vikram Nath and Sandeep Mehta addressed the petition. The case, originally filed in 2017, seeks recognition of sports and physical literacy as a fundamental right under Article 21A of the Constitution, which mandates free and compulsory education for children aged six to 14.

The petition also calls for compulsory sports education and physical activity in school curriculums. The Court emphasized that this issue is crucial, stressing the need to encourage children to engage in sports. During the hearing, the Court remarked, "This is a laudable request. This is absolutely essential. And now in this digital age children are totally getting away from fields."

The PIL was initially filed by a third-year law student. In April 2022, the Court had requested the Union government and state governments to respond to suggestions made by Senior Advocate Gopal Sankaranarayanan, who has assisted the Court as amicus curiae. Sankaranarayanan proposed amendments to Article 21A and the Directive Principles of State Policy to obligate the State to promote sporting activities, sports education, and a sporting culture, including adequate funding for sports and school-based physical activity requirements.

The Centre has not yet responded to these suggestions. The Court noted that a compulsory sports curriculum could help combat the growing disconnection between children and physical activity. They agreed on the necessity of providing sports facilities and playgrounds in schools. An application seeking to involve four Arjuna Awardees in the case was filed, and the Court directed that Sankaranarayanan's report, submitted on March 17, 2022, be uploaded and shared with relevant parties within two weeks. The matter is scheduled for further hearing on September 22.