SC seeks opinion of Centre, states on plea to make sports fundamental right

The Supreme Court has sought the opinion of the Centre and state governments on a suggestion that physical literacy or sports be recognised as a fundamental right and all education boards be asked to ensure at least 90 minutes of every school day to be dedicated to "free play and games".

A bench comprising justices L Nageswara Rao and B R Gavai said states' views were necessary as just passing a judgement would not help the cause.

Stressing the importance of physical activities, the bench said on Monday that involving children in sports will be useful as otherwise they will end up spending more time on screen.

The bench said sports is not seen as a career option by students.

"Many students do well till class 12 and after that they forget about it," Justice Rao said, adding that VVS Laxman, whose parents were doctors, chose cricket as his career and it seldom happens.

"Very few people would make that choice. We need more and more such people to emerge," said the bench.

Earlier in March, senior advocate Gopal Sankarnarayanan, who was appointed as an amicus curiae in a PIL filed by sports researcher Kanishka Pandey, had submitted a detailed report suggesting that physical literacy be recognised as a fundamental right.

The report had said that all education boards, including CBSE and ICSE, must be asked to ensure at least 90 minutes of every school day to be dedicated to "free play and games".

In his PIL, Pandey has sought directions to the Centre and all states to make sports a part of the fundamental rights as well as ensure promotion of sports education in the country.

In August 2018, the top court had issued notices to the Centre and state governments on the PIL and had later appointed Sankarnarayanan an amicus to assist it and suggest measures to deal with the issue.

The amicus, in its voluminous report, has dealt with various aspects relating to constitutional principles and sports, and given a slew of implementable directions.

One of the suggestions was "physical literacy to be recognised as a fundamental right protected by Article 21 (protection of life and liberty) of the Constitution".

The Centre can be asked to establish the National Physical Literacy Mission (NLPM) to give effect to the right by establishing and implementing a responsibility matrix that includes curriculum design, compliance monitoring, and review, grievance redressal and self-correction mechanisms, said the report.

It also sought a direction to ensure that all non-residential colleges and schools shall compulsorily allow access during non-working hours to the neighbourhood children to use their playgrounds and sports facilities for free from the academic year commencing from 2022.

"The court may direct the Ministry of Education...to form an empowered committee or working group (committee) consisting of senior officers from key line ministries and independent experts... The committee could be headed by a court-appointed convenor who will provide regular reports to the court," the report said.

Sankarnarayanan, assisted by Vanshdeep Dalmia, had held deliberations with many field experts including Indian badminton legend Pullela Gopichand.

Pandey, in his PIL, had sought a direction to the Centre and state governments not to discriminate between the education and sports, and to treat sports as part of the curriculum.

The government has to strive for the promotion of sports education, sports values and sports culture as part of education, it said.

The PIL said that sports should be included among academics from "nursery to post-graduate level and to fundamental right to education".

"Sports should be included in the curriculum from nursery to secondary level and education with sports subject should be imparted to the child from the very beginning of education. Children's talent and sports aptitude should be tested from the elementary school days itself so that the talent of a child can be improved and developed through training and education," the plea said.

There should be a compulsory provision for sports in the school budget which should be utilised for sports activity only.

Also, there should be one post of sports secretary in students unions, it added.

"Issue direction to constitute a high-level committee of parliamentarians, academicians and sports persons to make appropriate suggestions to amend in the Constitution of India to include sports as a Fundamental Right in Part III, especially in Article 21A of the Constitution of India," the PIL said.