Take strict action against parents who take small children for protests: Kerala High Court

The Kerala High Court recently said that strict action should be taken against parents who take small children to protests and agitations [Suresh & anr v State of Kerala & anr].

Justice PV Kunhikrishnan made it clear that law enforcement agencies should act against such parents who willfully involve small children in protests in attempts to garner attention to such protests.

"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," the Court said.

The Court explained that when young children are taken for protests or dharnas, they are exposed to extreme conditions, causing them emotional and physical harm.

"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," the September 24 order said.

The Court made the comments while dealing with a petition by the parents of a three-year-old child. The parents had been booked by the police for the offence under Section 23 (cruelty to children) of the Juvenile Justice (Care and Protection of Children) Act, 2000.

The petitioners were accused of taking their three-year-old child to protest under scorching heat outside the State Secretariat in Thiruvananthapuram.

They were protesting the loss of their first child in 2016 due to medical negligence by a hospital. They also sought financial help from the government. Despite requests from authorities to leave, the parents continued with the protest, leading to the registration of the case.

The petitioners later approached the Kerala High Court to quash the criminal proceedings.

The Court acknowledged that the trauma of losing a child had led the parents to carry out the protest. It proceeded to quash the case after noting that there was no "wilful neglect" of their child by the petitioners, when they carried out the protest.

However, the Court also made it clear that this ruling should not be considered a precedent and warned parents against resorting to taking young children to protests. Such actions could lead to strict action by law enforcement, the Court said.

The petitioners were represented by advocate PV Venugopal. Public Prosecutor Sangeetharaj NR appeared for the State.

[Read Order]