Kerala High Court says schools without proper playgrounds should be shut down

The Kerala High Court recently urged the State government to take stringent action against schools without suitable playgrounds as per the provisions of the Kerala Education Rules (KER) [Prakash N & Anr. v. GWLP (Government Welfare Lower Primary) School] .While doing so, Justice PV Kunhikrishnan underscored the importance of play in a child's overall development."The education should not be restricted in classrooms and the extra curricular activities including sports and games should also be a part of the education curriculum. It will increase the physical skills of the children like flexibility and balance motor skills, hand-eye co-ordination 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," the Court observed in its April 11 judgment..It noted, however, that the KER does not specify the facilities required in playgrounds at State schools and opined that this gap has been taken advantage of by school authorities and the management of aided schools..Therefore, the Court directed the State government to formulate norms or guidelines in tune with Chapter IV, Rules 1 and 3(2) of the KER, and prescribe the extent of playground necessary in each category of school and the requisite facilities. This is to be done within four months.Pertinently, the Court ordered that once the norms are issued, the authorities shall ensure that all schools fall in line. If any school is found to be flouting the norms, stringent action including closure of the school must be ordered, the Court said. "Right to education is a fundamental right of the children. The education includes play and other extra curricular activities. 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 Court said in its judgment..The judgment was rendered on a petition challenging the attempt of local government authorities to construct a water tank on the grounds of a particular school without getting appropriate permissions.However, the Court was informed recently that the proposal to construct the water tank had been dropped..Even though this meant that there were no grievances left to address, the Court felt it was necessary to flag the lack of specific guidelines in the KER with regard to the area of playgrounds required in different types of schools. The Court noted that in contrast to KER, both the Central Board of Secondary Education (CBSE) and the Council for the Indian School Certificate Examinations (CICSE) contain specific guidelines on these aspects with respect to the schools they oversee..Even the Right of Children to Free and Compulsory Education Act does not specify the area needed for playgrounds, the Court noted. It only specifies that there should be a playground for the school, the Court explained. .In view of this, the Court has now directed the State to come out with guidelines specifying the area of playground schools should have, including the facilities to be provided in such playgrounds. .Advocates Shiju Vargheese and AC Eapen represented the petitioners. Advocates Anoop V Nair, MR Jayaprasad, P Mohandas, Dr KP Satheesan, Siddharth Krishnan, Joseph John and S Vibheeshanan represented various respondents. Senior Government Pleader Princy Xavier and Standing Counsel VV Joshi and Varghese M Easow also assisted the Court..[Read Judgment]