HC no to vacating stay on school kids attending MGR centenary

The Madras High Court today declined to vacate its interim order, restraining the Tamil Nadu government from forcing school children to attend the state-sponsored birth centenary functions of ruling AIADMK founder and late chief minister M G Ramachandran.
A division bench of justices S Vaidyanathan and R Subramanian dismissed a petition by the state government, seeking to vacate its interim order passed yesterday on a PIL by NGO Change India.
In its order delivered after a special hearing today, on a request by the government, the bench made it clear that it was open for students involved in cultural functions and those who are to receive prizes and awards from dignitaries for competitions already held, to participate in the programme.

"What we have prohibited is only a compulsory gathering at the behest of the government organised by orders issued orally to the schools to bring their students in full strength to the venue in proper uniform and identity cards," it said.
The bench also said any student of any age group who chose to attend the programme along with parents or friends were not prevented by its order.
Referring to government's arguments that there would be lectures to motivate the children, preventing them from taking extreme steps such as committing suicides, the court said it should not be misunderstood as suggesting that such lectures or motivational programmes should not be organised.

"We are only concerned with the manner in which the students are brought to the venue and they are taken back from the venue, as well as safety of the students when they are seated in the venue."

The bench said the risks involved in organising such a huge gathering, particularly of students, would definitely outweigh the advantages.
The NGO had moved the court referring to a media report and said students of several government and private schools in Kanchipuram district were allegedly forced to attend the centenary celebrations of the late AIADMK leader near here on the instruction of the government.

The bench had yesterday directed the chief secretary, school education secretary and Director General of Police not to take the children to any event organised as part of the birth centenary celebrations.
But government had filed a counter affidavit in the high court yesterday itself and sought a special sitting today in view of Dussehra holidays from Friday.
The NGO had also sought a direction to formulate draft guidelines to be adhered to by the school education department, police and school managements on participation of children in public functions, rallies and campaigns at venues outside schools in consultation and coordination with the Tamil Nadu Commission for Protection of Child Rights.

The bench, which dismissed the stay petition, posted the matter for further hearing after the vacation.