'All Schools Should Have At Least 90 Minutes Daily Time For Games' : Amicus Suggestion In SC Plea To Declare Sports As Fundamental Right

In relation to a petition filed seeking to make sports a fundamental right, a report has been submitted before the Supreme Court suggesting that all schools should be directed to have at least 90 minutes daily time for play and fames.

The report submitted by amicus curiae Senior Advocate Gopal Shankaranarayanan has also suggested that the broad term "physical literacy" be adopted instead of sports and that the same be recognized as a fundamental right protected by Article 21 of the Constitution.

According to the report, the Government of India should establish the National Physical Literacy Mission (NLPM) to give effect to the right by establishing and implementing a responsibilities matrix that includes curriculum design, compliance monitoring, and review, grievance redressal and self-correction mechanisms

The report submitted by the Amicus Curiae Senior Advocate Gopal Sankaranarayanan titled "From Stasis to Movement – Actualising a Fundamental Right to Physical Literacy in India", has been drafted by the Sports Law & Policy Centre for the Sports and Society Accelerator in response to a written request received from the Amicus.

The report also includes the important feedback received from three of India's sporting legends including former India and NCAA tennis champion Somdev Kishore Devvarman, former Indian Hockey Captain Viren Rasquinha, and Indian badminton legend and current Chief National Coach of the Indian team Mr Pullela Gopichand.

The report has been submitted in relation to a petition filed before the Apex Court which includes a number of prayers that range from making sports a fundamental right, to transferring sports to the concurrent list and forming an independent Ministry of Education, Sports and Youth Empowerment at union and state levels. The petition also seeks judicial directions to governments to amend education policies to promote sports, and make facilities and equipment available to enhance the opportunities to play sports.

Through an order dated 22nd April 2019, the Supreme Court had appointed Senior Advocate Gopal Sankaranarayanan as the the Amicus Curiae to assist in the hearing of the present petition.

In order to better understand the position that presently prevails across the country, it was proposed that information be solicited from the various States and Union Territories by circulating a Questionnaire in a specified format.

Earlier, the Court directed the States to furnish responses within 3 weeks. In December 2021, when the Court was informed that unfortunately less than a quarter of the States and Union Territories had responded to the Questionnaire, the Court had directed that the case shall be listed for hearing as a consequence.

For a much deeper examination of the issue a detailed correspondence was commenced with various stakeholders through the months of December 2021 and January 2022. The various feedback that was received has been shared and has culminated in the present Report.

The Amicus has submitted that after a detailed correspondence, it has been observed that rather than using the phrase "Sport" which is narrow, it would be better to adopt the phrase "Physical Literacy", one that is firmly established as a right in the leading sporting nations of the world.

According to the Amicus, there were several exchanges of drafts and discussions, and although completed in a short time frame, it attempts to be an exhaustive dossier on how Physical Literacy is to be imagined and implemented in India.

What would it mean to have the fundamental right to physical literacy? : The report states that having fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living. It would mean not seeing physical activity as a means to an end and establishment of physical activity/ physical education as a core component of education curriculum.

Further, it would mean life-long opportunities to access physical activity universally, and everyone no matter their age, ability, gender, class or other needs or interests, demands the right to be physically active and physically literate.

"Defined specifically, a fundamental right to physical literacy should be closely aligned to the right to education, prescribed for children under the age of 18, or of a school going age. While this is the correct approach for defining the contours of a fundamental right to physical literacy, unlike school education, access to physical literacy learning tools must also be available (even if not mandated as a fundamental right) to every individual of all ages." the report states 

The Report has set out long term recommendations to help ensure population-scale rollout and remedies for actualising the fundamental right to physical literacy. The Amicus has sought the following directions from the Supreme Court in this regard:

Directions to School Education Boards:

• All School Boards including CBSE, ICSE, State Boards, IB, IGCSE be directed to ensure that from the academic year commencing 2022-2023, at least 90 minutes of every school day will be dedicated to free play and games.
• All State Governments to ensure that with effect from the academic year commencing 2022-2023, all non-residential colleges and schools shall compulsorily allow access during non-working hours to neighbourhood children to use their playgrounds and sports facilities for free, subject to basic norms of identification, security and care.

Directions to Digital Initiatives:

• Directions to the MeitY supported by NITI Aayog to create a dashboard with real time data on mapping of available playgrounds and open spaces and their utilization rates, availability and qualifications of PE teachers, curricula, timetables, and equipment in educational institutions across the country.
• The dashboard may be integrated with an online dispute resolution mechanism for grievance redressal and complaints for enforcing the right to physical literacy that could be supported by the Ministry of Consumer Affairs.
  
• Directions to the Ministry of Education to create e-learning courses for the training of (a) PE teachers on physical literacy pedagogy and curricula and the latest trends in facilitating inclusive activity and movement (b) all teachers in the principles of physical literacy in education and to make completion of the course part of teacher accreditation and training processes.
  

Directions to the Empowered Committee:

The Amicus has submitted that the Court may direct the Ministry of Education, through the Department of School Education and Literacy, to form an empowered committee or working group (Committee) consisting of senior officers from key line ministries and independent experts from the fields of education, health, disability, sports, and movement.

The Committee could be headed by a Court-appointed Convenor, who will provide regular reports to the Court.

The Committee will be required to devise a strategic blueprint for actualising the fundamental right, which must be completed within 90 days from the date of directions.

The Committee, along with other line ministries, school boards, and NITI Aayog will together devise a core curriculum for physical literacy education and skilling at school and college levels, which must be completed within 180 days from the date of directions.

Directions to Educational institutions:

• Within 180 days, all registered and unregistered private and public education institutions that host students for more than 10 hours per week, must

(a) have, publish and disseminate to all parents/guardians a Physical Literacy Policy

(b) create an internal committee to address specific cases where there is a failure in responsibilities to deliver the right to physical literacy of all students, cases of discrimination or deficiency.

• The Policy will acknowledge the institution's legal commitment to integrate physical literacy in all aspects of its curriculum and will incorporate by reference the National Physical Literacy Mission and its future directions and protocols.
• The Policy will further acknowledge the institution's commitment to provide access to playgrounds, facilities, equipment and training by qualified staff as mandated in the National Physical Literacy Mission
  

(a) to each of its students as part of the curriculum and

(b) on a free/pay-and-use basis to members of the public on school/college holidays and off-peak hours.

The Policy will include the institution's commitment to a 'no-child-left- behind' approach that ensures that the institution's physical literacy activities are designed and delivered in a manner that is

(a) inclusive of students with physical and mental disabilities, girls, students from marginalized economic and social groups and (b) integrates each student into the activities that all students participate in and does not classify, separate and alienate them based on perceived merit, skills or abilities.

Background: 

The present petition has sought directions to the Union of India to form a High-Level Committee to make suggestions on amending Article 21A to include Sports as a Fundamental Right, and include a DPSP which provides that "State shall strive for promotion of Sports education, sports values and sports culture as part of education".

The petition further sought the following reliefs:

Sports to be transferred to the 'Concurrent List' for cooperative work between Centre and State.

Development of a 'Fund Bank for Education and Sports Facilities'. Form an independent "Ministry of Education, Sports and Youth Empowerment" at Union and State level.

Direction to Centre and state to make amendments in their academic and sports education policies to promote sports at all level of education.

Free distribution of Sports kits by State and Union Government. Proper sports facility & playground at village and school level. Enhance Capacity building of organizations and individual's involvement in sports and development.

Sports to be included & propagated in the curriculum of Schools from Nursery to Secondary level including in Sanskrit Schools and Madrassas.

Teach sports as a full time subject in schools and marks be added in child's educational performance report.

Compulsory Provision for Sports in School Budget, and one Nodal School be appointed in each District to provide facilities, train students and organize events/workshop.

Case Title: KANISHKA PANDEY V. UNION OF INDIA W.P.(C) NO.423/2018