Karnataka High Court rules children’s right to play cannot be banned in apartment common areas

Karnataka HC to apartment: Rethink on curbs, kids have right to play

The High Court ruled playing games is a fundamental right for children. An apartment owners' association must reconsider its play area restrictions. Flowerpots must be removed from common stairways and other areas. One resident suffered injuries after slipping on a wet floor. The court ordered a decision on games within three months.

2 hours ago

Children Have Fundamental Right To Play, Residents' Associations Cannot Ban It: Karnataka High Court

The Karnataka High Court has held that children have a fundamental right to play and that apartment residents' associations cannot impose a blanket ban on games in common play areas. Allowing an appeal filed by a couple living in an apartment complex in Sahakaranagar, Bengaluru, the court also ruled that residents are entitled to safe common spaces and directed the association to remove pots placed on stairways and corridors.Justice Hanchate Sanjeevkumar said children cannot be deprived of recreation, observing, “Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health.” The court directed the association to reconsider its earlier decision and decide, through consultation with members, which games can be allowed in the play area. It clarified that restricting one or two games should not result in children being denied their right to play.Supreme Court Clears Uttarakhand High Court Shift From Nainital To Haldwani, Sets Aside Referendum OrderSafety Cannot Be IgnoredThe couple had approached the Trial Court seeking a mandatory injunction and damages after the apartment association placed flower pots on common stairways and corridors. In 2012, one of the appellants suffered a severe fracture after allegedly slipping on a wet staircase. According to the couple, water from the pots made the stairs slippery, but despite repeated complaints, the association failed to remove them. The association had also prohibited children from playing football in the apartment's common playground.The Trial Court had dismissed the suit, holding that the couple failed to prove the association had illegally kept the pots and refusing to interfere with its decision on children's games. However, the High Court noted that the association admitted it had placed the pots and later removed them after the suit was filed.Also Watch:Common Areas For EveryoneThe High Court observed that the plaintiffs had produced medical records showing one of them underwent surgery after the fall. It said keeping pots on stairways would inevitably require watering them, making the floors wet and slippery. The court held that the evidence established the fall was caused by the slippery surface created by watering the pots.The court issued a mandatory injunction directing the association to remove all pots from stairways and other common areas. It also passed a perpetual injunction restraining the association from placing pots or any other materials in common stairways and corridors. Additionally, the court directed the association to convene a general body meeting within three months and decide by majority which games should be allowed in the play area. It noted that while the association claimed football was banned following residents' complaints, it had not specified in its written statement which games were permitted and which were prohibited.

15 hours ago