Kerala High Court Directive to Reduce the Weight of School Bags

A recent Kerala High Court
judgement has directed the educational authorities to ensure that weight of the
school bags were reduced and the rights of the children were not violated. This
was in response to a writ petition filed by Dr Johny Syriac seeking a direction
to the Central Government, State Government and the educational authorities to
ensure that weight of the school bags were reduced, as it was proven that
heavier school bags could have adverse effects on the health of the growing
children.
The public interest litigation
cited scientific evidence to prove that carrying heavy school bags will affect
the growth of students as they grow into adulthood. It was reported that growth
points in the bones will be damaged by carrying excessively heavy school bags
resulting in abnormal growth.
The Court observed that the
Director of Central Board of Secondary Education (CBSE), New Delhi had issued a
circular dated 12.9.2016 directing all the schools affiliated to it to take
appropriate measures to reduce the weight of the school bags carried by the
students. It was suggested by the petitioner that the school bags would be
ideal, if the weight of the same is 10% of the child’s body weight, which will
reduce the adverse effects. It was pointed out that the circular issued by the
CBSE should be extended to all the students and schools in the state,
irrespective of private or government institutions.
The Court observed that Article
21 of the Constitution of India dealing with the protection of life and
personnel liberty, also conceive that children enjoy their school life without
being disturbed in any manner especially physically and mentally. Unnecessary
burden imposed upon the children will lead to deprivation of their life and
personal liberty and therefore, the concerned government and all the
educational agencies have the responsibility and the duty to ensure that the
children were carrying school bags with minimum weight.
The Court observed that in order
to ensure the objectives of education it is highly necessary that the children
go to their schools with happiness and return with satisfaction in good
physical and mental health, and they are not made to suffer trauma of any
nature for their continued health, education and welfare.
Accordingly, the Court allowed
the writ petition and directed the Union Government and the State Government
and all the educational authorities including the CBSE to ensure that orders
passed by the concerned government are implemented in all the schools, in its
letter and spirit and carry out periodic inspection in the school with or
without notice so as to ensure that the orders are implemented by the respective
authorities.
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