No Doubt Children Are Addicted To Online Games But Court Cannot Impose Personal Sense Of Morality: Madras High Court

The petitioner had submitted that since all educational institutions are currently closed, many children and young adults are severely addicted to such online games which could have adverse consequences on their career and health.

A Bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while disposing of the PIL opined that the petitioner should first approach the government for relief since the matters relates to a question of policy. Further the Court noted that only in the event of a failure by the Executive to address such matters of public interest can the Judiciary step in.

"There is no doubt that when there is some illegal action or something which is detrimental to larger public interest, constitutional courts intervene; but in the matters of the present kind, especially when elected governments are in place, such matters of policy should be left to the wisdom of those representing the people and having their mandate instead of the Court issuing a diktat", the Court observed.

The Court agreed with some of the concerns of the petitioner over the growing menace of children and young adults being addicted to their electronic devices.

"There is no doubt that children and young adults these days are addicted to their phones and their worlds appear to revolve around their mobile phones. Oftentimes a family could be together and sitting at a table but each member using the phone even if to describe the dish that they may be having or the quality of the food at the moment," the Court observed.

The Bench however warned against the imposition of personal sense of morality upon such matters of public interest by observing,

"However, even constitutional courts should be slow in entering into such areas and dealing with such matters on the personal sense of morality of the individual complainant or of the Judge or Judges concerned."

While disposing off the petition, the Bench directed the petitioner to make representations to the Union of India through its Ministry of Women and Child Development and to the appropriate Department of the State government in order to seek a legislative remedy for his concern.

"Such representations may be made within four weeks from date to the Secretaries in the relevant departments and copies of this order forwarded to them for such Secretaries to give their due consideration to the matter and indicate the relevant government's considered stand thereon to the petitioner within eight weeks of the receipt of the relevant representations", the Court concluded.

Case Title: E.Martin Jayakumar v. Union of India and Ors