Rally: HC stands up for kids after school hours

The Telegraph report that highlighted how children’s rights were being trampled

Calcutta, Sept. 16: Calcutta High Court today advised the Bengal government to introduce legislation to ban the participation of minors in political processions and gatherings.

“The government has decided to ban students’ participation in political rallies during school hours. But what about Saturdays and Sundays when most of the schools are closed? Will they be allowed to take part in such rallies on those days? Rather, the state should come up with a legislation prohibiting minors’ participation in political rallies,” the division bench of Chief Justice J.N. Patel and Justice A. K. Roy suggested today.

Ever since students were plucked out of a school and herded to a rally in the heart of Calcutta, The Telegraph has been drawing attention to this chink in the reputation of Bengal as a beacon of civil rights.

The newspaper had said in its leading article on the school incident: “That such a practice is considered ‘normal’ and that schools, even parents, are used to it, do not lessen the enormity of the evil. No political party should use schoolchildren as foot soldiers, with or without their parents’ knowledge.”

The state government had yesterday filed an affidavit promising a notification to disallow the shameful practice. But since the school education department was dealing with the issue, the assurance had confined itself to “school hours”.

The court today tried to correct this anomaly, asking what would happen after school hours. The question is particularly pertinent for Bengal where political parties thrive on parading children on the streets on the excuse that their parents are also either participants or have no objections to it.

Some leaders had given a spin of enlightenment, saying the children themselves wanted to voice their protest against issues such as American imperialism, although many young rallyists are lured by promises of pleasure trips to zoos and food.

The government’s affidavit was filed after 35 students of Sahapur Mathuranath Vidyapith of New Alipore were herded to the rally of the AIDSO, the students’ wing of the Trinamul Congress ally SUCI, on September 8.

The incident raised a stink because the parents initially thought their children were kidnapped. The attitude of police is a testimony to how such incidents are viewed as “normal” in a state that considers itself politically conscious. The police have not been able to trace the four named in an FIR so far. (See Metro)

The police also suggested that since the parents had not made any specific complaint, they could not take action. The Telegraph then raised the question whether parents can trample the rights of children — just as child labour is not allowed even if guardians and the children themselves are content with the pay and service conditions.

When the matter came up for hearing today, the division bench appreciated the government’s efforts in insulating school students from political rallies during school hours and then asked the larger question.

Child activists welcomed the court’s intervention. “We believe that students should not be carted to political rallies and other such activities on school days or holidays,” said Chittapriyo Sadhu of Save The Children.

“I hope the government takes the definition of ‘child’ as specified in the Juvenile Justice Act and the UNCRC (United Nations Convention on the Rights of the Child), both of which say a child is anyone below the age of 18,” he added.

Government pleader Ashok Banerjee told the court that the administration was viewing the matter with “all seriousness’’ and it was willing to bring in a law.

“Our government is seized of the issue, particularly the humanitarian aspects…. It has already been discussed at the government level that something will have to be done to put an end to this practice,’’ Banerjee said.

In his submission, he described a section of teachers “owing allegiance to political parties and certain politicians” as “naater guru (villain of the piece)’’ and blamed them for use of minors to fill rallies.

But some habits die hard. The SFI, the CPM’s students’ wing whose minimum age for membership is 12 or Class VI, criticised the state government’s stand.

Sayandip Mitra, the SFI state secretary who did not want to comment on the court’s suggestion, said: “What the state government is trying to do is unethical. We are strongly against the present move of the government to stop school students from participating in rallies. It is an attack on their democratic rights. How can the government stop a willing student from participating in a rally?”