State Govt. should exclude girls under 18 years from ‘Vanitha Mathil’, Kerala High Court

The Kerala High Court has directed the State government to exclude persons under the age of eighteen years from participating in the ‘Vanitha Mathil’ awareness campaign by Women and Child Department..The awareness campaign to be held by the State government includes the formation of a ‘woman wall’ or ‘Vanitha Mathil’ wherein women will organise themselves in a human chain from Kasargode to Thiruvananthapuram on January 1..The object of the awareness campaign is to underscore the values of gender equality and social reformation in the State and to “project the benefit of social reforms and renaissance values achieved by Kerala”. A Government Order to this effect was issued on December 7 by the Social Justice Department of the Kerala Government..The petitioners challenged the said order apprehending the possibility of an element of compulsion for the women employees as well as Asha workers, Angandwadi workers etc. to participate in the said ‘woman wall’. It was also alleged that some funds earmarked for flood relief in the State were being diverted for this campaign..However, the Government’s response categorically stated that there will be no compulsion for participation. The Bench of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar noted the same in its order..“The Government will not compel any employee or beneficiaries under different schemes or programmes of the Government, to participate in the said campaign nor there will be any penal provision imposed on any employee or beneficiaries if they do not participate.”.The Court accepted this categorical response as a satisfactory clarification on the issue of voluntary participation as opposed to compulsion. The Court, however, opined that it would be incumbent upon the government to exclude the participation of any person below the age of eighteen..“Over and in addition to the assurances given by the Government, with regard to the voluntary nature of the campaign, we feel that it would be obligatory on the State Government to exclude those under the age of 18 years from participation in the ‘vanitha mathil’ event”, the Court’s order states..The Court said that the obligation of the State Government arises on account of India being a signatory to the UN Convention on the Rights of the Child. The exclusion of persons under the age of eighteen is mandated despite consent given by parents or teachers, it held..As regards allegation of diversion of funds, the Government submitted before the Court that there will be no diversion and the funds utilised will be from the budgetary allocations made towards various social welfare schemes..Accepting the government’s submission, the Court found no reason to interfere with this policy decision but directed the Government to file on affidavit the expenses incurred in this campaign and the budgetary funds expended to meet the expenses..Read the Order: