Minor Children's Rights

Kumari Snigdha (Querist) 26 March 2018 This query is : Open
Sir, My son is 16 yes old. We live in apartment complex in Ahmedabad. My son plays in the open area with his friends in the evening. Every time he does so he is being prevented & scolded / intimidated by the office bearers of housing society. We would like to know as to how to prevent it & is it unlawful under IPC.Pease guide me because we as a family are deeply upset & feel helpless.

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Guest (Expert) 26 March 2018
There are so many Play Grounds in Ajmer and Ahmedabad even your son's school also would have play ground. The Corridor of the apartments can not be treated as play ground. How would you feel if any child playing there breaks your window.Even the Parking would be allowed in the place where your child would play and there could be chances of mishaps also. So treat this issue reasonably for the good of your son and disputing with the officials will not fetch good result.

Vijay Raj Mahajan (Expert) 26 March 2018
Your son plays with friends in open space in the society, the question is what type of open space is that? Is it the playground especially made for children to play or park for residents of the society to sit? Is that the parking lot for motor vehicles for people living or visiting the society? Is it open walking space for residents and guest to move in and out of the society?
Please first identify the open space you talk about where these children play.

Guest (Expert) 26 March 2018
You have not mentioned which kind of game your son plays in the open space in the society, like cricket, hocky, volly ball, base ball, basket ball, or so. Please bear one thing in your mind that open space in any society is for common usage for all, but not as a playground for the games like cricket, hocky, volly ball, base ball, basket ball. That is always subject to the convenience of the residents and no objection from the society people. Any IPC section cannot convert any open space for common usage in to a playground for the boys and girls.

In big cities, play grounds are built for such activities. Better advise your son and his friends to take maximum benefit of any such nearby playground.

Guest (Expert) 26 March 2018
Agree with the advice of experts.

Kumar Doab (Expert) 26 March 2018
Your son and anyone’s child can play in area earmarked for playing in society or outside..
Try thru all members and get some area earmarked for playing and children may also play sensibly…
If IT is not possible children may play in playground..
If person, members of MC are loud, abusive then ask them to behave…in civilized manner..
In case of damage to property the society and owner may claim damages..
Close the matter amicably..
If the matter reaches PS then police official would sections as per matter that is reported..

Kumari Snigdha (Querist) 26 March 2018
Ok I understand that children may not be allowed to play but do adults have any rights to intimidate the children since it's assumed that they have no rights to play. It's also true how metro cities are congested with concrete structures and it's well known fact that the builders & municipality have no place for amenities. My question is limited to the fact that whether children have any rights or not or they be allowed allowed to scolded by adults. My understanding says says playing within the residential complex doesn't amount to criminal offence by children. My son is not alone & there are children between 8 to 12 years of age also. I am anly asking whether children do have any fundamental rights or not.

Kumari Snigdha (Querist) 26 March 2018
One important thing I forgot to mention ie the residential complex complex has a round garden which the society uses garbage festival,x-mas etc exclusively meant for adults as they claim but access to children is not allowed on the plea that the grass cover would get trampled.

Kumari Snigdha (Querist) 26 March 2018
Garba festival during Navratri.

Guest (Expert) 26 March 2018
Your supplementary queries reveal as if you are hunting for a solution to some of your academic query, not for any real problem.

If it is a real problem, you could better have taken the issue with your society's management, rather than raising the issue at this platform. Unless allowed by the society you cannot impose your individual understanding on the society as a whole.

If you want to know about fundamental rights of children, better go through the Constitution of India, as everything does not fall within the fundamental right of a person or children. There is no article in the Constitution of India by the name "Fundamental Rights of Children."

Still further, if you feel that some criminal offense has been committed by anyone against your son, you may contact some local lawyer, file and FIR against that person and file a case in the court of law, as mere knowing IPC section may not help you in any way. That is the duty of the police to apply the relevant sections of law with reference to the crime committed by the individuals.

Vijay Raj Mahajan (Expert) 26 March 2018
Right to play is part of fundamental right to education for all children under the Constitution of India.
Right to play for children can be implemented at a proper place and your Society has ground where children can play.
The grass of the ground get spoiled if children play this is no excuse, ask these members if the grass get nurtured when Garba dance performed on it?
You need to raise the issue in society meeting and get the right of children implemented in a civilian manner, not by lodging police complaint against other members of the society.

Kumari Snigdha (Querist) 27 March 2018
I was just interested that does our our Constitution 2 sets of laws. One for adult & the other for the adults. Do children don't have right to protest & express their opinion against arbitrary set of rules only suiting the adults.My question neither for any academic purpose nor to score any browni points here. And I can I can't sit & watch my son being scolded. I think now I need to consult registrar co-operative society.

Kumari Snigdha (Querist) 27 March 2018
I fail to understand that the that it's OK if adults have right of spoil the grass not children by mere fact they are not adults.

Guest (Expert) 27 March 2018
If you are so particular discuss this with your Advocate and proceed as per your wishes like IPC, CRPC etc etc.

Guest (Expert) 27 March 2018
" Being a good neighbor is an Art which makes life Richer" - Gladys Taber

Guest (Expert) 27 March 2018
If you fail to understand anything courts are open for you to make interpretation of law for you. I have already suggested you to file an FIR. Let the police and the court of law to do the rest to make you understand, what you fail to understand now.

Vijay Raj Mahajan (Expert) 27 March 2018
Police entertain if there is a cognizable offence committed, simply the adult members not allowing the children to play in the society is no offence that will attract the attention of the police. If the children were hit/harmed physically, sexually assaulted by adult members definately police would have taken action, registered FIR against such adult member.
Just to suggest someone to report each and every happening in the society to local police is not good legal advise.
We live in democratic country were the disputes in the societies should be worked out and settled amicably. One doesn't go to civil court just to get relief like order or decree against adult members of the society to all the children to play, what absurd suggestion that go and file case in court for such order.
The meeting of the society where all members are present, this issue can be raised and worked out in an amicable manner. The neighbourhood has to be peaceful for healthy living in our society, we won't feel secure if we make enemies in our neighbourhood.
The members of the society all have children, some of lesser age and some grownup and all see and have seen the growth and development of the children so all should realise this issue and workout solution for it.

Kumari Snigdha (Querist) 27 March 2018
I respect the opinions expressed by all the experts to my queries. I express my heart felt thanks to all of you for taking time out considered opinions. I will try to find a logical outcome to this tricky situation. Any thanks you all.

Guest (Expert) 27 March 2018
Probably, Shri Vijay Raj Mahajan has not noticed the terms "intimidation" and "scolded", used by the querist in her statement, i.e., "do adults have any rights to intimidate the children" and "I can I can't sit & watch my son being scolded." But she has cleverly avoided to reply which kind of games her son plays.

In fact, some people appear on this platform just to hoodwink the experts. She is stretching the thread without giving any clear picture of what kind of intimidation her son could get from the society members. I AM OF THE FIRM OPINION THAT HER QUERY DOES NOT RELATE TO ANY REAL PROBLEM.

She just insisted on knowing the rights and the law on her query, as a law student and as if not interested to get any solution to the real problem, if really there was any. Appropriate law can only be told by the police or the court as per the nature of game played by her son, like cricket to break the windows of the buildings or the heads of the residents of the society. So, there was no relevance in blindly assuming the residential area reserved as a playground of her child.

SO, NOW I RAISE A PERTINENT QUESTION FOR HER TO REPLY, DOES HIS CHILD HAVE THE RIGHT TO PLAY CRICKET LIKE GAME AND BREAK WINDOWS AND HEADS OF THE RESIDENTS OF THE SOCIETY, IF SHE WANTS TO KEEP SILENT ON MY QUESTION ABOUT THE TYPE OF GAMES HER CHILD PLAYS IN THE SOSIETY?

As such, if she is evasive in her replies to the questions raised on her query, the only alternative left for her is reporting in detail the incidents of intimidation to the police or filing a case in the court of law to get justice for the so called intimidation or scolding of her child. Even the registrar does not enjoy power to decide on the question of intimidation, as she has stated, "I think now I need to consult registrar co-operative society."

Now, if approaches the Registrar, she may try to get the IPC section from the Registrar, if he gives.

SHE COULD WELL HAVE APPROACHED THE REGISTRAR OF SOCIETIES, INSTEAD OF RAISING QUITE A VAGUE QUERY IN THIS FORUM WITHOUT PROPER DESCRIPTION OF THE INCIDENT.

ANYBODY CAN VERY WELL JUDGE HIS QUERY TO BE OF AN ACADEMIC NATURE, WHEN NO INCIDENT RELATED REAL PROBLEM WAS.DISCUSSED BY HER AND ALSO SHE DID AVOIDED TO CLARIFY EVEN ON ASKING.

Dr J C Vashista (Expert) 29 March 2018
Common area of the Society is "not" a play-ground, stop children from playing in the area not meant for playing.
Elders/other members objection shall be closed without any remorse.

Kumari Snigdha (Querist) 01 April 2018
If I am cleverly avoiding any material facts then the situation is that children play football in common areas since they aren't allowed to play in the grass garden . I find it strange that playing football injured anybody in the age group of 13 to 16. Some children do play cricket with the tennis ball. Now all of you experts are not addressing to moot point ie 1. Do children have right to play in common areas since they are not playing in someone else drawing room & 2. Do children have the right to express their protest on being bullied and scolded.3. As a parent we have to maintain quite simply because my son has committed a sin by playing in the common area. And while I trying to clear my doubts about these issues we need to take a view as to what laws of the land say about rights of a child & his self esteem & dignity to life which may get impaired and thus his confidenc. I am vising this forum for personal and subjective opinions but the solid provision in the law of the land.

Guest (Expert) 01 April 2018
In fact the experts seem to have very well understood that yours is merely a hypthetical academic query, not a real problem.

However, if there is any truth in your story and if you feel that the experts are not addressing your moot point, why don't you consult some local lawyer and have some regular consultancy and file a case against the society, if your children have some fundamental right to play football, cricket, etc.?

Please be aware, you cannot compel the experts to reply of your own liking to satisfy your academic query.

Kumari Snigdha (Querist) 01 April 2018
After many rounds of ifs and buts . I agree to disagree with the all & the sundry. My dear friends why then lawyer defend the crooks and the cons before the judges inside the court room, knowing fully well that one side is fighting a wrong cause. Why they debate there & some time the wrong side wins. I hope Mr jigyasu will his his jigyasa satiated surely and squarely.

Guest (Expert) 01 April 2018
@ Kumari Snigdha,

Great observation ! You may also be considering the experts of LCI as crooks, as you could not put reply of your liking in their mouth or brain to be vomited through their keyboards. On the other hand your society people may also perhaps be having the same opinion about your son, as they disallow your son from playing in the open space of the society. Rather, as against their wishes, perhaps they may be having the same opinion about you also, as you support the acts of your son blindly, instead of advising him to go to some playground.

So, everyone on earth is having two facets, a gentleman/ gentle lady or the crook. For some a person can be a gentleman or gentle lady, but for some one else, he/she may be merely a crook. So, no specific distinction can be made for any person.

About my jigyasa, you cannot satisfy my jigyasa, as I am of the firm opinion that open space, if not earmarked as play ground cannot be used as a playground. Also, if you, as a person do not have the fundamental right to play in the common usage space of the society, your son does not also enjoy any such fundamental right separate than you.

That is why, only for your satisfaction, I suggested you to consult some local lawyer and get the decision of the appropriate court of law in favour of your son by filing a case. Society elders will be bound to abide by the decision of the court. Why so hitch in adopting that process to get the separate fundamental rights framed for your son through the court of law?

BUT I AM SURE, YOU WON'T DO THAT, AS YOURS WAS MERELY A HYPOTHETICAL ACADEMIC QUERY, NOT A REAL LIFE PROBLEM.

Kumari Snigdha (Querist) 02 April 2018
No Sir the problem arises when opinion giver gets judgemental . It doesn't become hythetical simply because the lawyer has arrived at this inference. Now the question arises why I am visiting this forum , becoz to have the varied perspectives from different lawyers before I arrive at subtle understanding before I take a call.Now if a couple of lawyers doubt the veracity of this query then they may abstain from responding.And I will stop seeking opinions.

Kumari Snigdha (Querist) 03 April 2018
And finally debates are always better that's why we are granted the right to expressions unless it doesn't impinge upon someone else's sensitivity and is not offensive in nature & contents.

Kumari Snigdha (Querist) 22 April 2018
It's not resolved yet I wish I could get some other lawyers to advice on the issue.

Guest (Expert) 24 April 2018
Adjustment is best policy. Lengthy discussion turning out into nothing.

Kumar Doab (Expert) 24 April 2018
You will get nothing ever from

IT=@PSD

the postor at 4th, 5th then unending ..................( IT is same entity)

other than vomits from keyboard in all threads under IT's all multiple fake ID's

as usual from day1

Kumar Doab (Expert) 24 April 2018
IT=@PSD keeps on advertising from ever changing

Delhi

Bombay

Guest (Expert) 30 April 2018
Kumar Doab fake ID expert. Giving fake replies. Is not even a lawyer.

Minor Children's Rights

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