Supreme Court weighs making sports and physical activity a children’s right amid screen-time concerns

The Supreme Court is examining whether sports and physical literacy should be recognised as a fundamental right under Article 21A, amid concerns over children’s growing screen dependence. In the PIL Kanishka Pandey vs Union of India & Ors., recommendations include compulsory sports education and 90 minutes of daily physical activity in schools. While the Court has not yet declared a fundamental right, the proceedings highlight the importance of balancing digital learning and entertainment with outdoor play, fitness and holistic development.

The Supreme Court on Thursday highlighted the importance of sports and physical activity in children's lives, observing that the growing use of digital devices is increasingly keeping children away from playgrounds.According to Bar and Bench reports, a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing a public interest litigation (PIL) in Kanishka Pandey vs Union of India & Ors. The petition seeks recognition of the right to sports and physical literacy as a fundamental right under Article 21A of the Constitution, which provides for free and compulsory education for children between six and 14 years.The plea also seeks the inclusion of compulsory sports education and physical activity in school curricula.During the hearing, the Court said the issue raised by the petition was significant and stressed the need to encourage children to participate in sports.“This is a laudable request. This is absolutely essential. And now in this digital age children are totally getting away from fields,” the Court observed.PIL seeks recognition for sportsThe PIL was originally filed in 2017 by a third-year law student. It sought directions to the Union government to constitute a high-level committee to examine possible constitutional amendments aimed at promoting sports education, sporting values and a sporting culture as part of education.The matter has been before the Supreme Court for several years. In April 2022, the Court had asked the Centre and State governments to respond to suggestions made by Senior Advocate Gopal Sankaranarayanan, who has been assisting the Court as amicus curiae.Sankaranarayanan had proposed changes to Article 21A and the Directive Principles of State Policy to create an obligation on the State to promote sporting activity, sports education and sporting culture.His recommendations also included adequate funding for sports and measures requiring schools, education boards, and other educational institutions to provide better opportunities for physical activity.Proposal for 90-minute physical activityAmong the suggestions was a proposal that school boards such as CBSE and ICSE allocate 90 minutes of school time to physical activity, as reported by Bar and Bench.The recommendations also called for better access to sports facilities, including for children with disabilities.The larger argument before the Court is that sports should not be treated merely as an extracurricular activity, but should form an important part of children's education and development.Centre yet to respondDuring Thursday's hearing, Additional Solicitor General KM Nataraj, appearing for the Union government, informed the Court that the Centre had not yet responded to the suggestions.The Bench noted that a compulsory sports curriculum could help address the increasing disconnect between children and physical activity.The ASG agreed with the importance of providing sports facilities and playgrounds in schools.“Yes, for sports, playgrounds in schools etc., it’s absolutely required,” Nataraj said.An advocate appearing in the matter also informed the Court that an application seeking impleadment had been filed on behalf of four Arjuna Awardees.The Supreme Court subsequently directed that the report submitted by Sankaranarayanan on March 17, 2022, be uploaded and shared with lawyers representing the States and other parties within two weeks. The matter has now been listed for further hearing on September 22.

The Supreme Court on Thursday highlighted the importance of sports and physical activity in children's lives, observing that the growing use of digital devices is increasingly keeping children away from playgrounds.According to Bar and Bench reports, a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing a public interest litigation (PIL) in Kanishka Pandey vs Union of India & Ors. The petition seeks recognition of the right to sports and physical literacy as a fundamental right under Article 21A of the Constitution, which provides for free and compulsory education for children between six and 14 years.The plea also seeks the inclusion of compulsory sports education and physical activity in school curricula.During the hearing, the Court said the issue raised by the petition was significant and stressed the need to encourage children to participate in sports.“This is a laudable request. This is absolutely essential. And now in this digital age children are totally getting away from fields,” the Court observed.PIL seeks recognition for sportsThe PIL was originally filed in 2017 by a third-year law student. It sought directions to the Union government to constitute a high-level committee to examine possible constitutional amendments aimed at promoting sports education, sporting values and a sporting culture as part of education.The matter has been before the Supreme Court for several years. In April 2022, the Court had asked the Centre and State governments to respond to suggestions made by Senior Advocate Gopal Sankaranarayanan, who has been assisting the Court as amicus curiae.Sankaranarayanan had proposed changes to Article 21A and the Directive Principles of State Policy to create an obligation on the State to promote sporting activity, sports education and sporting culture.His recommendations also included adequate funding for sports and measures requiring schools, education boards, and other educational institutions to provide better opportunities for physical activity.Proposal for 90-minute physical activityAmong the suggestions was a proposal that school boards such as CBSE and ICSE allocate 90 minutes of school time to physical activity, as reported by Bar and Bench.The recommendations also called for better access to sports facilities, including for children with disabilities.The larger argument before the Court is that sports should not be treated merely as an extracurricular activity, but should form an important part of children's education and development.Centre yet to respondDuring Thursday's hearing, Additional Solicitor General KM Nataraj, appearing for the Union government, informed the Court that the Centre had not yet responded to the suggestions.The Bench noted that a compulsory sports curriculum could help address the increasing disconnect between children and physical activity.The ASG agreed with the importance of providing sports facilities and playgrounds in schools.“Yes, for sports, playgrounds in schools etc., it’s absolutely required,” Nataraj said.An advocate appearing in the matter also informed the Court that an application seeking impleadment had been filed on behalf of four Arjuna Awardees.The Supreme Court subsequently directed that the report submitted by Sankaranarayanan on March 17, 2022, be uploaded and shared with lawyers representing the States and other parties within two weeks. The matter has now been listed for further hearing on September 22.