Focus on studies, don't get involved in seeking remedies, SC tells minor

New Delhi: The Supreme Court on Monday advised a 17-year-old Class 12 student, who sought reopening of schools across the country, to focus on studies instead of getting involved in seeking Constitutional remedies.

The top court said it would not call the plea a publicity gimmick but it was a misplaced petition and children must not get involved in such issues.

A Bench of Justices D Y Chandrachud and B V Nagarathna refused to entertain the petition, saying the student from Delhi may pursue his remedies with the state government.

The Bench told advocate Ravi Prakash Mehrotra: "Ask your client to focus on studies in school and not get involved himself in seeking Constitutional remedies. You see how misplaced this petition is. Imagine the situation in Kerala, Maharashtra cannot be the same in Maharashtra and Delhi. I am not saying it is a publicity gimmick but this is why children must not get involved in these issues. We don't have any kind of data before us."

The top court then perused the prayers in the petition and said that the petitioner wants reopening of schools to enable physical classes.

"After Article 21A has been brought into force, it has obligated the State governments to provide free and compulsory education to all children between the age 6 and 14. You see the governments are ultimately answerable. They are also concerned about the need for children to go back to schools. That is the purpose of schools. We cannot, by judicial diktat, say that you shall send your children back to school, oblivious of the dangers which may be there," the Bench added.

The country has just come out of the second wave but there is still a danger of a possible spike of viral infection, it said.

"I am not saying it will necessarily happen or that it will be similarly devastating. Fortunately, we now have reports which suggest that the spike will not be of that nature. Vaccination is taking place but children are not vaccinated, even many teachers may not have been vaccinated. We cannot just say send all children to schools. There are governance issues," the Bench said.

It further added that the "complexities of governance do not permit the court to start issuing directions and we should leave something for the democratic way of life that the country has adopted. Surely the government wants their children to go back to the schools."

The Bench said in Karnataka a decision has been taken to open the schools and similarly in Delhi also a decision has been taken, "but we cannot allow young kids to go and mix with senior students and instead let the States take an informed decision where the spike is taking place. There may be some state with 75 districts or 52 districts and there may be states with high density of population in some districts and others may be sparsely populated. These are the matters in which we should let the government take a call".

Justice Chandrachud said there has to be some balancing of interest of children, who are at home and how they are being affected physically, mentally or physiologically with the dangers which may be posed to them, if they are to mix with each other in a school environment.