SC seeks a response from the government on whether to include physical activity as a fundamental right

CASE: Kanishka Pandey vs Union of India

BENCH: Justices L Nageswara Rao and BR Gavai

Recently, the Top Court directed the Union and State governments to respond to the recommendations made by the Amicus Curiae for including the right to physical activity and literacy as a fundamental right.

FACTS:

The court was hearing a Public Interest Litigation (PIL) petition filed by a third-year-law student in 2017. The petitioner sought the issuance of direction to the government to formulate a committee to suggest amendments to the constitution of India and include Sports Education and sports culture as part of education under Article 21 in its part III.

The top court-appointed Amici Curiae, Senior Advocate Gopal Sankaranarayanan, proposed that the following three changes be implemented in National Physical Literacy Mission:

1. Amend Article 21A and the Directive Principles of State Policy of the constitution to obligate the State to promote sporting activity, sports education, and sporting culture in India;
2. Changes in policy to provide funds for conducting sporting activities; and
3. Direct schools, education boards, etc. to implement the policy.

Sankaranarayanan, also advocated for e-learning platforms for teaching teachers, including Physical Education teachers about the importance of sporting activities. He further mentioned the huge divide between the availability of sporting facilities between private and government schools. He also suggested that the Court can direct municipalities to allow residents to use sports complexes without any cost.

HELD

The bench asked the governments to respond to the suggestions to declare the right to sports as a fundamental right for students.