The Supreme Court has declined to hear a public interest litigation challenging school access restrictions imposed by the governments of Uttar Pradesh and Rajasthan, which also include regulations for photography, videography, interviews, audio recording, and livestreaming inside schools.
On Thursday, the Supreme Court refused to entertain a public interest litigation (PIL) that challenged orders issued by the governments of Uttar Pradesh and Rajasthan restricting access to government schools for outsiders, journalists, YouTubers, and civil society representatives. These orders also mandate that permission be taken for photography, videography, interviews, audio recording, and livestreaming inside schools.
The BJP government in both states issued these orders against the backdrop of a nationwide drive by the Cockroach Janta Party political campaign aimed at improving the condition of government schools. The campaign has been sharing videos of schools on social media recorded by its volunteers in several states.
The Rajasthan government issued the order on August 16, while the basic education officer in Ayodhya, Uttar Pradesh, issued a similar order on August 19. Other districts in Uttar Pradesh, including Azamgarh, Ballia, Basti, Balrampur, Shamli, and Agra, followed suit.
The petitioner argued that these restrictions violate the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution. These articles protect the rights to equality, freedom, and life and personal liberty. The petition also contended that it recognizes the state’s obligation to protect children’s privacy, dignity, and safety while preserving the freedom of speech and expression that includes legitimate journalism and dissemination of information concerning public institutions.
The petitioner further explained that there is a distinction between recording identifiable children and documenting the physical condition of a government school. The restrictions intended to protect children should not automatically prevent public-interest documentation of classrooms, buildings, toilets, drinking-water facilities, electricity, mid-day meals, and other school infrastructure.
The petition urged the Supreme Court to quash the Rajasthan and Uttar Pradesh orders to the extent that any regulation of public-interest documentation meets the tests of reasonableness, necessity, and proportionality.
Source:
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