SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the father and mother of a 3 year old child. It is the case of the petitioners that they are the victims of medical negligence by which their another child died on 10/7/2016 at S.A.T. Hospital, Thiruvananthapuram. The petitioners decided to protest against the same and also decided to claim financial help from the Government. They conducted a continued protest for 59 days in front of the main gate of the Government Secretariat at Thiruvananthapuram. On 3/5/2017, the Sub Inspector of Police, Cantonment Police Station and his party were on duty near Secretariat main gate and at that time, the petitioners were seen with the 3 year old child in the footpath under the blazing sun in a sizzling temperature. They were sitting with the child at 10 a.m in the open space. The police approached the petitioners, collected their names and enquired why they were keeping the child in an open space under the sunlight. The petitioners informed that, they are protesting for getting financial help from the Government. The Sub Inspector of Police persuaded them to withdraw from the protest because the child is aged 3 years, but the petitioners refused. Hence Crime No.580/2017 was registered by the Cantonment Police alleging offences under Ss. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 [for short, 'JJ Act 2000']. The question to be decided in this case is whether Sec. 23 of the JJ Act 2000 is attracted in the facts and circumstances of the case.

(2.) It is now a trend to take small children for protest, dharna, satyagraha etc,. The children are unaware of the reason for the protest, dharna or satyagraha. The parents are taking them for these protest and other agitations mainly to get attention to their agitation. The parents are not taking the seriousness of the situation when small children are taken for agitations, protest, dharna, satyagraha etc,. There are several reasons to stop this practice of taking small children for these types of protest, dharna, satyagraha etc. Exposure to extreme temperatures without sanitation and crowded conditions can lead to illness in children. The agitations can disrupt the child's regular routine including meals, sleep, play, education etc. If a child is taken to a protest, there are chance for violence in the protest putting the child at the risk of physical harm. Moreover, loud noises, crowds and conflicts can cause emotional trauma to a child. When the parents are participating in agitations, protest, dharna, satyagraha etc, they may be distracted and unable to provide proper care during the agitations. Children are not only the assets of the parents but also of the society. Therefore, it is the duty of the parents to avoid the presence of small kids who are not aware of the purpose for which they are protesting or conducting dharnas, satyagrahas etc. Therefore, the commonsense of the parents should stand above their grievance in such situations, even if the grievance is genuine. If the law enforcing authority finds that the children are taken for protest, satyagraha, dharna etc at their tender age and if the intention is to attract attention to their protest, they have every right to proceed in accordance with the law. A small child below the age of 10 may not know the purpose of the protest, satyagraha, dharna etc. Let them play with their friends or go to school or sing and dance according to their wishes during their childhood. If any such willful acts from the parents by taking the child for such protest, satyagraha, dharna etc, stringent action should be taken by the law enforcing authorities.

(3.) Coming back to the facts of this case, the offence alleged is under Sec. 23 of the JJ Act 2000. Sec. 23 of the JJ Act 2000 is extracted hereunder: