Essential in digital age: Supreme Court on PIL for compulsory sports in school, declaration of sports as fundamental right

The Supreme Court on Thursday underscored the need for children to engage in sports and physical activity, observing that children are increasingly becoming distant from playgrounds in the digital age [Kanishka Pandey vs Union of India & Ors.].

A Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing a public interest litigation (PIL) petition seeking recognition of the right to sports and physical literacy as a fundamental right under Article 21A of the Constitution, which guarantees free and compulsory education to children between six and 14 years of age.

Among other reliefs, it has also sought compulsory sports education and physical activity as part of school curricula.

During the hearing, the Court stressed that the plea raises an important issue.

“This is a laudable request. This is absolutely essential. And now in this digital age children are totally getting away from fields," the Court remarked.

The PIL was originally filed in 2017 by a third-year law student seeking directions to the Union government to constitute a high-level committee to consider amendments to the Constitution concerning promotion of sports education, sporting values and sporting culture as part of education.

In April 2022, the Supreme Court had directed the Centre and State governments to respond to suggestions made by Senior Advocate Gopal Sankaranarayanan, who has been assisting the Court as amicus curiae.

Sankarnarayanan had proposed amendments to Article 21A and the Directive Principles of State Policy to impose an obligation on the State to promote sporting activity, sports education and sporting culture.

He had also suggested adequate funding for sports and directions to schools, education boards and other institutions to implement such measures.

He had also suggested that school boards such as CBSE and ICSE allocate 90 minutes of school time to physical activity. Additionally, he called for better access to sporting facilities, including for differently-abled children.

Today, Additional Solicitor General KM Nataraj, appearing for the Union government, said that the Centre was yet to respond.

The Court then observed that a compulsory sports curriculum could help address the growing disconnect between children and physical activity.

Nataraj agreed with the need for such measures.

"Yes for sports, playgrounds in schools etc, it’s absolutely required," the ASG said.

Additionally, 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 Court then proceeded to direct that the report submitted by Sankaranarayanan on March 17, 2022 be uploaded and shared with counsel appearing for the States and other parties within two weeks.

The matter will be heard further on September 22.

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