Uttarakhand High Court Takes Suo Motu Cognizance Of Virat Kohli’s Video On Lack Of Opportunity For Children To Play Outdoor Sports

In a peculiar development, the Uttarakhand High Court has taken suo moto cognizance of a video featuring cricketer Virat Kohli where the issue of lack of space and opportunity for children to play outdoor sports was raised.

While issuing notice to the Union as wells as State Governments to file their responses, the Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal observed,

“They [the children] are denied a good environment, wherein they can pursue sports, which, as we have already noticed, greatly contributes to their physical and mental growth. That apart, such sporting activities also teach them social skills, which hold them in good stead in their future lives.”

The video ‘struck a chord’ with the Court and pushed it to take judicial notice of the cause exhibited therein. The said video is produced by Ashit Ghelani and directed by Siva Romero Iyer, which features renowned Indian cricketer Virat Kohli.

In the video, Virat Kohli is seen going to a locality and playing cricket with the local children. While batting, a kid hits the ball which lands in the balcony of one of the flats in the locality. The children get disappointed as the ball will not be returned to them. Kohli then himself goes to the flat where the ball landed and rings the bell. A lady violently opens the door only to get pleasantly surprised to see famous cricketer Kohli.

Then he requests the lady to return the ball and also conveys a very important message that if he had been stopped in his childhood from playing in the locality, he would not be there, where he is today. Thus, he appeals her to allow the children to play.

After watching the video, the Court became curious to know as to what are the policies that the State has formulated and the policies that it may frame henceforth to address the issue of deprivation of the rights of children to play in lawns, playgrounds and open areas, in their respective localities.

The Court laid much emphasis on the importance of playing outdoor sports and observed that it not only helps in developing mental and physical health of children but also aids them to make friendships and bonds irrespective of caste and creed.

“It is well recognized that outdoor physical sporting activities contribute greatly to the physical and mental well-being of children. Sporting activities, when undertaken lead to development of the qualities of valor and camaraderie between the children; they learn to compete; they even learn how to accept defeat, and; strong and unforgettable childhood friendships develop amongst them,” it observed.

The Bench took judicial notice of the fact that children are not permitted to play freely in open parks within their localities and colonies. They are often not allowed to play sports like cricket or football as these sports carry the possibility of balls landing either on somebody’s roof, damaging lights or hitting cars and breaking windshields.

“Very often, we find that open spaces are turned into ornamental parks with trees planted all over, leaving hardly any space for any sporting activity. Right in the middle of the parks and lawns, fountains are erected - which rarely function. The parks are filled with benches for the elders and toddlers to sit, so they can spend their mornings and evenings. Unfortunately, there is hardly any consideration shown to the needs of the children and youth, to pursue outdoor sporting activities in their localities and colonies,” the Court expressed its dismay.

Resultantly, the Court noted, the children are deprived of a very vital and fundamental right to enjoy their childhood and grow in the healthiest way.

“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They don’t actually play sporting games which involve physical activity, but become good at playing virtual sports,” it added.

The Court took note of the fact that the Central Government has come up with the ‘Khelo India’ scheme. However, it held that merely opening up stadiums and large playgrounds is not the ultimate solution for the concern raised in the said video as most of the families may not be having either resources or time to drop their children in such large stadiums to play on a daily basis.

“It is, therefore, necessary, that children should be free to play the outdoor sports which they wish to play, within their colonies and localities, under the gaze of their parents and caregivers from their own homes,” it observed.

The Court held that the respondent Government authorities are obliged to protect the rights and interests of children and youth to play outdoor sports in their colonies, localities and surroundings, while also dealing with concerns of the grown-ups.

“To address the concerns of all sections and age groups, particularly, the elders - who consider younger children playing sports in the locality as a nuisance, the State could decide to provide and erect nets / fencing on the exterior boundaries of the playing area, or provide such other facilities, as are considered necessary to prevent any inconvenience to anyone, when children and youth pursue their outdoor sporting activities,” it suggested.

It also advised the State to reconsider its policy of developing or permitting the development of parks and lawns in colonies / localities and public parks for ornamental purposes, at the cost of denying open spaces and playgrounds to children and youth for pursuing outdoor sporting activities.

Accordingly, the Bench issued notice to the Union of India represented by the Secretary, Ministry of Youth Affairs and Sports and the Government of Uttarakhand represented by Secretary of Ministry of Urban Development to file their respective responses highlighting the existing as well as proposed policies of the Governments to address the issue.

The matter will be next heard on October 9, 2023.

Case Title: Suo Moto PIL: In the matter of “Let The Children Play” by increasing the facilities of sports v. Principal Secretary, Department of Women Empowerment & Child Development and others

Case No.: Writ Petition (PIL) No. 147 of 2023

Date of Order: September 18, 2023

Counsel for the Respondents: Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel with Mr. Gajendra Tripathi, Standing Counsel for the State; Mr. Lalit Sharma, Standing Counsel for the Union of India

Click Here To Read/Download Order