“Govt. Should Shut Down Schools Without Proper Playgrounds”: Kerala HC

The Kerala High Court urged the State government to take stringent action against schools without suitable playgrounds as per the provisions of the Kerala Education Rules (KER).

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"Govt. Should Shut Down Schools Without Proper Playgrounds": Kerala HC

KOCHI: The directive from the Kerala High Court has put a spotlight on an issue often overlooked in the educational landscape: the presence of adequate playgrounds in schools. In a judgment delivered on April 11, Justice PV Kunhikrishnan emphasized the pivotal role of play in a child’s holistic development.

He remarked,

“The education should not be restricted in classrooms and the extracurricular activities including sports and games should also be a part of the education curriculum.”

Highlighting the multifaceted benefits of play, the Court observed,

“It will increase the physical skills of the children like flexibility and balance motor skills, hand-eye coordination and heart and lung function, is the new scientific study. Social skills, cognitive skills and emotional skills also will improve, if the children are allowed to engage in games and other activities in the school playground. This will definitely reduce the stress and anxiety of the children in the classroom.”

However, the Court noted a significant gap in the Kerala Education Rules (KER) regarding the specifications for playground facilities in state schools. This lacuna, it pointed out, has been exploited by school authorities and management of aided schools. Consequently, the Court directed the State government to establish norms or guidelines in accordance with the KER within four months.

Once these norms are issued, strict enforcement measures will be put in place. The Court mandated that any school found flouting these guidelines, thereby lacking suitable playgrounds, could face severe repercussions, including closure.

“Right to education is a fundamental right of the children,”

-the Court emphasized.

"Govt. Should Shut Down Schools Without Proper Playgrounds": Kerala HC

“If there is no suitable playgrounds for games and sports in schools containing sufficient clear space for that purpose as provided in KER, the government should take stringent action including closure of those schools.”

The genesis of this judgment lay in a petition challenging the decision of local government authorities to construct a water tank on the premises of a school without proper permissions. While the proposal for the water tank was ultimately dropped, the Court seized the opportunity to address the broader issue of playground inadequacy.

The Court underscored the disparity between the KER and guidelines set forth by educational boards such as the Central Board of Secondary Education (CBSE) and the Council for the Indian School Certificate Examinations (CICSE). Unlike these bodies, the KER lacks specific directives on the area of playgrounds required for different types of schools.

Even the Right of Children to Free and Compulsory Education Act fails to delineate the necessary playground space, merely stipulating the presence of a playground. Recognizing this deficiency, the Court has urged the State to delineate clear guidelines specifying not only the area but also the facilities required in school playgrounds.

Click Here to Read Previous Reports on Kerala High Court

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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