corporate law
The Kerala High Court has issued a landmark judgment with zero tolerance towards parents who involve small children in protests, emphasizing the need for strict action against such practices. The judgment was rendered in the case titled Suresh & Anr vs State of Kerala & Anr (Crl. MC No. 6180 of 2017, Crime No.580/2017, Cantonment Police Station, Thiruvananthapuram), pronounced on September 24, 2024.
The Single Judge Bench, led by Hon’ble Mr. Justice PV Kunhikrishnan, underscored that law enforcement agencies must take strict actions against parents who willfully involve children in protests to gain attention. The Court clearly stated:
"If the law enforcing authority finds that children are taken for protest, satyagraha, dharna, etc., at their tender age with the intention of attracting attention to their protest, they have every right to proceed in accordance with the law."
Justice Kunhikrishnan highlighted that children below the age of 10 may not understand the purpose of such protests and emphasized their right to engage in normal childhood activities.
The Bench expressed significant concern for the well-being of young children taken to protests, noting the potential for emotional and physical harm due to exposure to extreme conditions. It was articulated that:
The case involved petitioners who protested outside the State Secretariat in Thiruvananthapuram against the loss of their first child in 2016 due to medical negligence. Despite police requests to disperse, they continued their protest, leading to the registration of a case against them under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act 2000).
The Court recognized the emotional trauma that motivated the parents but ultimately sought to balance this with child welfare concerns.
The Kerala High Court quashed the criminal proceedings against the petitioners, ruling that there was no "willful neglect" of the child. However, it clarified that this judgment should not serve as a precedent. The Court warned:
“The petitioners ought not have carried the 3-year-old child for the protest in an open space during peak summer; however, the parent's intention does not appear to be one of causing unnecessary sufferings.”
The Court held that if similar incidents occur in the future, law enforcement must take necessary actions as stipulated by the law.
The judgment referenced previous case law, notably Amal and Another v. State of Kerala and Another [2020(4) KHC 781], which established that for a violation of Section 23 of the JJ Act 2000 to occur, there must be evidence of willful neglect or intent to cause suffering to the child.
This ruling serves as a critical reminder of parental responsibilities in safeguarding the welfare of children, particularly in volatile settings like protests. Parents are urged to consider the implications of involving minors in such situations and to prioritize their well-being above personal grievances. As emphasized by the Court, law enforcement agencies hold the authority to act against those who fail to comply with these important standards of child protection.