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The Supreme Court of India on Monday directed the Central and State governments to respond to suggestions made by Amicus Curiae, Senior Advocate Gopal Sankaranarayanan for declaring ‘the right to physical activity and literacy as a fundamental right’ under Article 21 of the Constitution of India.

A bench of Justice L. Nageswara Rao and Justice B.R. Gavai while hearing a plea, inter alia seeking directions to the Union Government to form a High-Level Committee in order to effectuate suggestions on amending Article 21A, so as to include "Sports" as a Fundamental Right.

Considering the fact that sports fall under the State List in Schedule 7 of the Constitution of India, responses were sought from all the states.

Earlier, in August 2018, the Supreme Court had asked for responses of the Centre and State governments in a Public Interest Litigation (PIL) filed by Kanishka Pandey, a sports researcher. Subsequently, the court-appointed Sankaranarayanan as an amicus in April 2019 to assist it and suggest measures to deal with the issue.

He 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. Article 21 guarantees every citizen the right to life and liberty.

Also, all education boards, including the Central Board of Secondary Education and the Indian Certificate of Secondary Education, must be asked to ensure at least 90 minutes of every school day be dedicated to “free play and games”.

The petition also seeks to transfer sports to the concurrent list and to form an independent Ministry of Education, Sports, and Youth Empowerment at union and state levels.

The plea further asks for directions from governments to amend education policies to promote sports and make facilities available to enhance the opportunities to play sports.

The Amicus in its voluminous report has dealt with various aspects relating to constitutional principles and sports and given a slew of implementable directions. “Physical literacy to be recognized as a fundamental right protected by Article 21 (protection of life and liberty) of the Constitution,” was one of the suggestions.

The plea has also sought a direction to ensure that 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 from the academic year commencing from 2022. “The court may direct the Ministry of Education..., to form an empowered committee or working group (committee) consisting of senior officers from key line ministries and independent experts... The committee could be headed by a court-appointed convenor, who will provide regular reports to the court,” the report said.

"Sports should be included in the curriculum from nursery to secondary level and education with sports subject should be imparted to the child from the very beginning of education. Children's talent and sports aptitude should be tested from the elementary school days itself so that the talent of a child can be improved and developed through training and education," the plea said.

There should be a compulsory provision for sports in the school budget which should be utilized for sports activity only. Also, there should be one post of sports secretary in students unions, it added.

"Issue direction to constitute a high-level committee of parliamentarians, academicians and sports persons to make appropriate suggestions to amend in the Constitution of India to include sports as a Fundamental Right in Part III, especially in Article 21A of the Constitution of India," the PIL said.

Case Title: Kanishka Pandey v. Union of India through the Cabinet Secretary & Ors.