Punjab: NHRC takes cognisance of complaint flagging non-observance of I-Day in Govt schools along India-Pak border

The National Human Rights Commission of India (NHRC) Bench of Priyank Kanoongo has taken cognisance of a complaint concerning the non-observance of Independence Day in government schools in Punjab and has sought a detailed report from the Punjab Government.

The complaint specifically raised concerns regarding government schools in rural, remote and border areas, where Independence Day celebrations were allegedly not conducted, potentially depriving children studying in these schools of an opportunity to participate in national celebrations.

The Bench has directed the State Government to examine whether children living in border and remote areas were denied the same educational, cultural and civic opportunities relating to Independence Day that were available to children in other parts of the State.

The Punjab Government has been asked to provide state-wise, district-wise and school-wise details regarding the observance of Independence Day on 15 August, including the number of government schools where the national flag was hoisted, the National Anthem was sung and students participated in the celebrations. The Government has also been asked to identify schools where the prescribed activities were not conducted and explain the reasons for such non-compliance.

The complaint/ intimation dated 17/08/2026, was placed before the Commission on 18/08/2026. Upon perusing the same, the Commission directed as follows:

1. The Protection of Human Rights Act, 1993, has entrusted the National Human Rights Commission (NHRC), India, with the responsibility of protecting and promoting the rights of all human beings in the country and having the powers of a civil court for inquiry u/s 13 of the PHR Act, 1993.
2. The Commission has taken cognizance of a complaint alleging, inter alia, that in several Government schools in the State of Punjab, particularly schools situated in border areas, rural, remote and allegedly underserved areas, Independence Day was not observed in the manner contemplated under the applicable governmental instructions; that students were allegedly not meaningfully involved in flag-hoisting, the National Anthem and other educational activities connected with the freedom struggle, constitutional values, Fundamental Duties and national responsibilities; and that such alleged deficiencies may have resulted in children studying in such schools receiving a substantially different educational and civic experience from children studying in better-resourced or urban schools.
3. The Commission considers it necessary to examine whether children studying in Government schools, particularly those situated in rural, remote and border arc as, were afforded an equal opportunity to participate in educational and co-curricular activities intended to acquaint them with the country’s constitutional framework, freedom struggle, national symbols, civic responsibilities and national values.
4. The Commission is conscious that the mere manner in which a particular school conducts an observance cannot, without more, be characterised as a violation of human rights, However, where an alleged pattern of omission or differential treatment results from administrative neglect, non-compliance with applicable governmental directions, or systematic deprivation of educational and civic opportunities to a particular class of children on account of their geographical or socio-economic circumstances, the matter warrants examination from the standpoint of the rights and dignity of children and the corresponding obligations of public authorities.
5. Article 14 of the Constitution guarantees equality before the law and equal protection of the laws, while Article 21A recognises the right to free and compulsory education for children within the constitutionally prescribed age group. Further, Article 51A(a) and (b) reflect the constitutional importance attached to respect for the Constitution, its ideals and institutions, and to cherishing the ideals which inspired India’s freedom struggle.
6. Section 29(2) of the Right of Children to Free and Compulsory Education Act, 2009, while prescribing the considerations governing curriculum and evaluation, specifically requires consideration of the values enshrined in the Constitution, the all-round development of the child and the development of the child’s knowledge, potentiality and talent. The provision further contemplates learning through activities, discovery and exploration in a child-friendly and child-centred manner.
7. The Commission further emphasizes that the observance of national festivals and inculcation of patriotism and respect for national symbols are important components of a child’s educational experience; however, such activities should not operate to the exclusion or restriction of the child’s overall development. Educational institutions are expected to provide an environment that facilitates the holistic development of every child, including academic, physical, emotional, social, cultural and creative development, consistent with the constitutional guarantee of the right to education under Article 21-A of the Constitution of India.
8. The Commission further notes that, as early as 07.08.2017, the Ministry of Human Resource Development, Government of India, had issued D.O. No. 15-3/2017-Sch.I/ CDN dated 07.08.2017 concerning the observance of Independence Day in schools, including activities intended to create a festive and patriotic atmosphere, remember freedom fighters and martyrs, administer an oath and undertake activities connected with the freedom movement and national objectives.
9. The Commission further notes that the Central Board of Secondary Education (CBSE), vide Circular No. Acad .- 53/2026 dated 04.08.2026, issued under the aegis of the Ministry of Education, Government of India, prescribed various activities for schools in connection with the Har Ghar Tiranga Campaign 2026, including observance of the Flag Code of India, special morning assemblies, flag-hoisting ceremonies, collective singing of Vande Mataram, patriotic and cultural programmes, and pledge- taking activities concerning patriotism and national unity.
10. It has further been brought to the notice of the Commission that the Punjab Education Department had issued instructions in August 2017 concerning Independence Day observance in Government schools, including unfurling of the National Flag. observance of the National Anthem and activities acquainting students with freedom fighters and the freedom movement.
11. The Ministry of Home Affairs, Government of India, also maintains the Flag Code of India, 2002, as amended from time to time. The Flag Code contains specific provisions concerning educational institutions and provides that the National Flag may be hoisted in educational institutions, including schools, to inspire respect for the Flag. The MHA also maintains instructions concerning the National Anthem and compliance with the Flag Code and the Prevention of Insults to National Honour Act, 1971.
12. In this background, the Commission considers it necessary to ascertain, in particular, whether the instructions applicable to schools in connection with Independence Day, 2026 were duly communicated to all Government schools in Punjab; whether they were implemented uniformly; what monitoring mechanism was put in place by the State Education Department; and whether any geographical, administrative, infrastructural or other factor resulted in certain categories of children being deprived of opportunities available to children elsewhere in the State.
13. The complaint specifically raises concern regarding Government schools located in rural and remote areas. The Commission considers it necessary to examine whether children studying in such schools were, in fact, provided with the same meaningful opportunity to participate in Independence Day-related educational and civic activities as children studying in urban or comparatively better-resourced schools.
14. The issue assumes particular significance in respect of schools situated in geographically remote and border districts of Punjab. Punjab, being a border State, contains areas in which geographical location, remoteness, connectivity, administrative accessibility and other local circumstances may present additional challenges in the delivery of public educational services.
15. The Commission therefore considers it necessary to ascertain whether any such geographical factors were taken into account by the State authorities while issuing, implementing and monitoring directions for Independence Day observance, and, if so, what specific measures were adopted to ensure that geographical remoteness did not translate into diminished educational, civic or cultural opportunities for children.
16. The State shall also specifically clarify whether any district-wise disparity was noticed in the implementation of the Independence Day programme and whether additional directions, resources, monitoring or supervisory mechanisms were provided to schools situated in remote, rural or border arcas.
17. The Commission further requires the State authorities to explain whether the alleged non-observance or inadequate observance, if established, had any bearing upon the educational, social and cultural development of the children concerned.
18. In particular, the State Education Department shall explain whether children in the affected schools were provided meaningful opportunities to: learn about India’s freedom struggle and freedom fighters; understand the Constitution, constitutional values and Fundamental Duties; participate in activities concerning the National Flag and National Anthem; engage in age-appropriate cultural, historical and civic activities; develop awareness of civic rights and responsibilities; and promote social cohesion, fraternity, national unity and respect for democratic institutions.
19. The Commission specifically calls upon the Secretary, Department of School Education & Literacy, Ministry of Education, Government of India, to examine and report the pattern, consistent with the educational objectives and constitutional values contemplated under the applicable national educational framework, and whether any additional advisory or corrective measures are required to ensure uniformity of educational and civic opportunities for children across geographically and socio-economically diverse areas.

The Bench has specifically directed verification of schools in rural, remote and border areas and sought details of any disparity in the opportunities available to children in these areas.

The Bench observed that national occasions such as Independence Day provide children with an important opportunity to learn about India’s freedom struggle, the Constitution, national symbols, civic duties, national unity and democratic values.

The Chief Secretary, Punjab, has been directed to submit a detailed Action Taken/Compliance Report within four weeks. The Bench has also sought relevant information from the Ministry of Education, Government of India, and informed the Ministry of Home Affairs for appropriate action.

The NHRC Bench of Priyank Kanoongo has sought to ascertain whether children living in border areas were denied equal opportunities to participate in the observance of the national festival merely because of the geographical location of their schools.