The Kerala High Court recently emphasized the need for strict action against parents who involve small children in protests and agitations
Key Rulings by Justice PV Kunhikrishnan
Justice Kunhikrishnan asserted that law enforcement should take action against parents who willfully bring young children to protests to attract attention. He stated:
“If the law enforcing authority finds that children are taken for protest, satyagraha, dharna etc., at their tender age… 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… Let them play with their friends or go to school… If any such willful acts from the parents occur, stringent action should be taken.”
The Court highlighted the dangers of exposing young children to protests, noting the potential for emotional and physical harm due to extreme conditions:
“Exposure to extreme temperatures without sanitation and crowded conditions can lead to illness… If a child is taken to a protest, there are chances for violence… Loud noises, crowds, and conflicts can cause emotional trauma to a child.”
Background of the Case
The comments arose during a case involving the parents of a three-year-old child, who were charged under Section 23 (cruelty to children) of the Juvenile Justice (Care and Protection of Children) Act, 2000. The parents had protested outside the State Secretariat in Thiruvananthapuram regarding the loss of their first child in 2016 due to medical negligence, seeking financial assistance from the government.
Despite requests from authorities to leave, the parents persisted, leading to police action. They later sought to quash the criminal proceedings in the Kerala High Court.
While acknowledging the parents’ trauma, the Court ruled to quash the case, finding no “willful neglect” of their child during the protest. However, it stressed that this decision should not serve as a precedent, warning parents against bringing young children to protests, as such actions could result in strict legal consequences.
