Tamil Nadu: Madras High Court questions basis of legal action against school for taking students to PM Modi’s road show

The Madras High Court has raised crucial questions regarding the alleged criminal offense of bringing school children in uniform to Prime Minister Narendra Modi’s rally in Coimbatore, questioning the rationale behind such actions by the DMK government.

On April 4, the High Court queried how the mere presence of school children in uniform at PM Modi’s roadshow could be deemed an offense. It also questioned the basis for registering a criminal case against the school management for allowing students to attend the event.

The controversy stems from PM Modi’s planned 4 km roadshow in Coimbatore on March 18th, which was shortened to 2 km by the DMK government, citing security concerns and ongoing public examinations. Following the event, videos surfaced on social media showing students arriving in school buses hours before the rally.

Subsequently, an FIR was lodged against the management of a government-aided school for their alleged involvement in the roadshow. Additionally, notices were issued to BJP district unit president J Ramesh Kumar and the management of Sri Sai Baba Vidyalayam aided middle school, seeking explanations and reports regarding the incident.

Furthermore, the DMK government’s District Education Officer for private schools sent notices to the school management for allegedly sending 22 students from three schools affiliated with the Chinmaya Vidyalaya group to the event. District Magistrate Kranti Kumar Pati confirmed that they had taken cognizance of the issue and initiated inquiries into the matter.

In response to the controversy, an inquiry was conducted by Coimbatore district elementary education officer Punitha Anthoniyammal, who directed the management of Sri Sai Baba Vidyalayam aided middle school to take strict action against the Headmaster and staff and submit a detailed report within 24 hours.

Additionally, inquiries by the joint commissioner of the Labour Department and the Chief Education Officer aim to scrutinise the involvement of children and the role of BJP functionaries in organising the participation of school children in artistic performances during the roadshow.

The management of a middle school in Coimbatore, aggrieved by the swift actions of multiple government agencies, has moved the Madras High Court to quash the FIR registered against them on March 19. The FIR was filed based on a complaint lodged by district child protection officer Pavithra Devi, which the school management claims is false and vindictive.

The headmistress of the school stated that there was no communication from the school education department regarding measures to ensure the safety of children during Prime Minister Narendra Modi’s visit. She emphasised that all efforts were made to ensure the children were safely sent home, and allegations that they were taken to see the PM in uniform or for an election campaign are entirely untrue.

When the petition reached the bench of Justice G Jayachandran, he raised several questions to the government prosecution, particularly regarding the application of Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015. He questioned how the act, which deals with causing mental or physical suffering to children, could be applicable in this case.

The government counsel argued that the school management exposed students to unnecessary suffering by taking them to a crowded place for the roadshow due to delays in their parents picking them up. However, the judge pointed out that no untoward incidents were reported during the roadshow and questioned the basis for filing a criminal case solely based on media reports.

The judge cautioned the police against being swayed by media pressure and emphasised the importance of careful consideration before registering criminal cases against school management.

During the proceedings at the Madras High Court, the prosecution cited the Assistant Returning Officer’s report, stating that the incident occurred during the enforcement of the model code of conduct on March 18th. However, the court responded by emphasising that the children were not involved in any election campaign but merely watched the roadshow.

The court recognised the significance of its decision in this case, which could have far-reaching implications for similar issues involving children’s presence at political events. The judge urged all parties to come prepared with relevant case laws for a thorough argument on April 8th.

Highlighting the broader context, the judge recalled personal experiences of attending political events during childhood, emphasising the democratic right to participate and understand political ideologies. The court also extended interim protection to the school management against coercive action until further orders.

In a twist, the DMK finds itself ensnared in a trap it inadvertently set. Both the DMK and AIADMK governments have utilised children in the past, subjecting them to harsh conditions during political events. This practice, criticised for its disregard for children’s well-being and punctuality, has now come under scrutiny.