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TABLE OF CONTENTS

INDEX OF AUTHORITIES………………………………………Page 2

ABBREVIATIONS USED…………………………………………Page 3

STATEMENT OF JURISDICTION………………………………Page 4

STATEMENT OF FACTS…………………………………………Page 5-6

STATEMENT OF ISSUES…………………………………………Page 7

SUMMARY OF ARGUMENTS…………………………………..Page 8-9

ARGUMENTS ADVANCED……………………………………..Page 10-13

PRAYER OF RELIEF…….........……………….........................Page 14
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INDEX OF AUTHORITIES

Statutes:-
The Constitutional Law 1950
Right to Education Act
Child Labour Act
Child Labour (Prohibition & Regulation) Act

Table of Cases:-

Romesh Thappar vs. Union of India

Conventions/ Commissions
Geneva Convention
Universal Declaration Human Rights
National Commission for Protection of Children Rights
Convention Child Rights

Books:-

Constitution of India, M.P Jain


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LIST OF ABBREVIATIONS

Sl. No. Abbreviation Meaning

1 PIL Public Interest Litigation

2 & And

National Commission For Protection Of Child


3 NCPCR
Rights

International Covenant on Civil and Political


4 ICCPR
Rights

5 NPC National Policy for Children

6 Hon’ble Honourable

7 v. Versus

8 CRC Convention of Child’s Right

9 WB West Bengal

10 u/a Under Article

11 Ors. Others

12 SC Supreme court
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STATEMENT OF JURISDICTION

The Petitioner has approached this Hon’ble Supreme Court of Indiana


under Article 32 of the Constitution of Indiana.
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STATEMENT OF FACTS

This is a case between Smiling Angels vs. Union of Indiana & others.

Children are supremely national asset. They grow as per the surrounding,
environment & training provided to them. Childhood is the most adorable part of
life. Children are born and brought up under the feathers of their parents. Sometimes
pampered, over protected, sometimes neglected for their own selfish motives. With
the rapid growth in telecommunication devices, children are grasping new activities
very easily. This result’s into many children’s participation in reality shows. Almost all
television channels have started broadcasting various kinds of reality shows like
dancing, acting, creative artist, acrobatics, knowledge based questions & other skill
based performances, wherein children are participants.

There are many instances where, a child gets popularity at an early age, which results
he becoming bread earner for his family. Some are now ruling the music industry, and
few others have started conducting dance classes. “Navin” a child of 6 years of age
have won the national competition of singing. “Swara” a child of 10 years of age won
the best performer award in acrobatic. “Fredric” a child at the age of 8 years of age
could won the best performer award in dance reality show. “Salim” a child of 12
years of age have attracted the world’s attention by showing his talent in quiz
competition, and won the competition by defeating his elder co participants. In many
dance reality show, the children have shown their talent by performing such an act,
which was even not possible to their partner having more than 18 years of age.
Acknowledging this, many parents have started sending their children for participation
in such events. Thus participation of children in reality shows has by now become a
booming career. Therefore, last decade have seen tremendous changes in the
widespread era of competition on television channels.

Meanwhile, several news were published in newspapers & on so many news channels,
social media, reporting, burn and other injuries to children during live events, death
of a child during acrobatic and areal performance, death of a child by falling during a
dance reality show, suicide of a child because of heavy stress, frustration or depression
due to failure in competition. Many reports says, that excessive burden of preparation
for such reality show & competition is adversely affecting the children in their overall
development. Many a times, children are practising for their respective events day
and night, without bothering for foods, adequate sleep, studies etc. & is resulting into
malnutrition. Few stunts in dancing shows, have caused permanent disablement to the
children.

Feeling affected and concern with the death of children in such events, the petitioner
Smiling Angels an NGO, working for the cause of overall development of child, have
filed a Public Interest Litigation, before the supreme court of Indiana, directing the
respondent to frame a policy, and to declare such act as barbaric and inhuman and
thus prayed for stopping of such reality show, consisting a child as a participant. It is
also stated in the petition that, conducting these kinds of reality shows are adversely
affecting a child’s mental, physical & psychological strength, and also violating the
constitutional goal to provide free and compulsory education. Thus prayed that, the
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respondent have failed in its duty to safeguard best interest of child, and thus has
violated the fundamental rights of child guaranteed under the constitution of Indiana.

The respondent, have issued guidelines in that regard, to all media house and all the
organizers, for not conducting such competitions. Feeling aggrieved with these
guidelines, few media house, which are known for conducting dance reality show for
children, have file intervention petition and submitted to the court, that before
conducting such competition, the organizers have sought permission from the
guardian of the child, and a guardian is the best judge of the future of his child.
Moreover it states that, such kind of reality shows gives an opportunity to these
children to explore their talents and provides platform for the same. Thus claimed
that, if such an order is issued, this will result in violation of rights of media as
provided by the constitution of Indiana under Article 19 (1) (a) read with article 21 of
the constitution, as also will violate the fundamental rights of liberty of parents to
choose a pattern of living for their children.
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STATEMENT OF ISSUES

1. DOES ORGANIZING REALITY SHOWS, ALLOWING


PARTICIPATION OF CHILDREN THEREIN IS A FUNDAMENTAL
RIGHT OF MEDIA HOUSE ?

2. DOES PARTICIPATING IN SUCH REALITY SHOWS, IS A


FUNDAMENTAL RIGHT OF A CHILD ?

3. DOES RESPONDENT FAILED IN ITS DUTY TO SAFEGUARD THE


BEST INTEREST OF CHILD ?

4. WHETHER SUCH REALITY SHOWS SHALL BE BANNED?


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SUMMARY OF ARGUMENTS

1. DOES ORGANIZING REALITY SHOWS, ALLOWING


PARTICIPATION THEREIN IS A FUNDAMENTAL RIGHT OF MEDIA
HOUSE ?
With due honour and permission of the Hon’ble Supreme Court the following facts
are being enumerated:-

That the contention made in the PIL u/a 32 before the Supreme Court by the
Petitioner is unconstitutional. Article 19(1)(a) of the constitution guarantees its
citizen the right to freedom of Speech and expression, though the rights are not
explicit , yet not may be implicit. Allowing participation of children in reality shows
by media house falls within the purview of the said Article.

2.DOES PARTICIPATING IN SUCH REALITY SHOWS, IS A


FUNDAMENTAL RIGHT OF A CHILD ?
With due honour and permission of the Hon’ble Supreme Court the following facts
are being enumerated:-

That u/a 19(1) of the Constitution,every citizen is entitled to the right to freedom of
speech and expression. Article 15(3) of the Constitution, provides expression of
opinions without any discrimination, insisting the equality of status and it negates
bias.Therefore, participating of children in reality shows is a form of speech and
expression and it is a fundamental right confirmed to the child.

3.DOES RESPONDENT FAILED IN ITS DUTY TO SAFEGUARD THE


BEST INTEREST OF CHILD ?
With due honour and permission of the Hon’ble Supreme Court the following facts
are being enumerated:-

The Petitioner prayed that the respondent failed in its duty to safeguard the best
interest of child is absolute false allegation and void. The respondent is very much
conscious regarding the best interest of child and for the same different legislation
have been made and progressing with regard.
Thereafter, on the basis of the prayer made by the petitioner the respondent has
issued further guidelines concerning the media house conducting such reality
shows/competitions.
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4.WHETHER SUCH REALITY SHOWS SHALL BE BANNED?


With due honour and permission of the Hon’ble Supreme Court the following
facts are being enumerated:-

That Article 19(1)(g) of the Constitution, enshrined that every citizen has the right
to freedom to carry out any trade or business within the territory of the country.
Banning of such reality shows would be the violation of the fundamental rights
guaranteed by the Constitution. However, such reality shows is an exclusive
platform for the children to explore their talents, skills and to develop.
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ARGUMENTS ADVANCED

My Lord, this case is based on the Principle of Foundation.

These are arguments in favour of the respondents.

1. DOES ORGANIZING REALITY SHOWS, ALLOWING


PARTICIPATION OF CHILDREN THEREIN IS A FUNDAMENTAL
RIGHT OF MEDIA HOUSE ?
With due honour and kind permission of the Hon’ble Supreme Court, I humbly
submit my arguments in favour of my client :-

i. That the contention made in the PIL u/a 32 before the Supreme Court by
the Petitioner is unconstitutional. As Article 19(1) of the Constitution
clearly says that every citizen has the right to carry out any trade or
profession etc. and organizing of reality shows is a business/trade and it is
a fundamental right.
ii. That Article 19(1)(a) of the constitution guarantees its citizen the right to
freedom of Speech and expression, though the rights are not explicit , yet
not may be implicit. Allowing participation of children in reality shows
by media house falls within the purview of the said Article.
iii. That NCPCR values that ‘Children are the Supremely National Asset’.
iv. That Article 12, 13, 14, 15, 17 & 31 of the UN Convention on the Rights
of child provides that the right to be heard manifests that participation of
child is one of the Convention’s Guiding Principle and most advanced
innovations.
v. That UN Convention is much more concerned with the rights of the child
that active involvement and contribution are important requirements for
successful and sustainable improvements for the benefit of children.
vi. That by virtue of Article 19(1), the media house have the right to conduct
such reality shows as the right is implicit in nature and Article 19(1)(a),
every citizen has the right to freedom of speech and expression whereby
children have the right to express their views/opinions in the way of
participating in the reality shows/competitions.
vii. That allowing children to participate in the reality shows becomes one of
the prime right and duty of the media house to promote and provide
opportunity to the children interested to explore their talents,
establishing a platform for the same. Spread child literacy among the
society by the media, which is one of the means.
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2.DOES PARTICIPATING IN SUCH REALITY SHOWS, IS A


FUNDAMENTAL RIGHT OF A CHILD ?
With due honour and kind permission of the Hon’ble Supreme Court, I humbly
submit my arguments that participating in reality shows, is a fundamental right
of a child:-

i. That participating in reality shows is a fundamental right of a child guaranteed


by Article 19(1)(a) of the Constitution.
ii. That u/a 19(1) of the Constitution, every citizen is entitled to the right to
freedom of speech and expression and participation in such reality shows is a
form of speech and expression which is a fundamental right.
iii. That Article 15(3) of the Constitution, provides expression of opinions without
any discrimination, insisting the equality of status and it negates bias. Therefore,
participating of children in reality shows is a form of speech and expression and
it is a fundamental right confirmed to the children.
iv. That Article 14, provides the right to equality to every citizen and a child has
also equal right to access to opportunities regarding expression of speech or
views.
v. That u/a 21 of the Constitution, provides no person shall be deprived of his life
and personal liberty except procedure established by law. Thereafter,
participation in reality shows is the right to way of living.
vi. That Article 13 ICESCR and Article 19 of ICCPR, provides right to freedom of
speech and expression.
vii. That according to NPC,2013 the PREAMBLE reaffirms that special measures and
affirmative action are required to diminish or eliminate the conditions that cause
discrimination and support the children to develop at all aspects including
expressing their views/opinions.

viii. That NPC, 2013 the GUIDING PRINCIPLE No. III & IV provided that right to
participation and right to social and cultural development respectively.

ix. That NPC, 2013 Article 4 envisages that the state has the primary responsibility
to ensure that children are made aware to their right and opportunities and
support to develop skills by participation without making any discrimination.

x. That CRC envisages for the participation of children freely by way of speech and
expression.

Furthermore, the state shall also engage all stakeholders in developing mechanism
for children, develop different mode of participation through different monitorable
indications.
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3. DOES RESPONDENT FAILED IN ITS DUTY TO SAFEGUARD THE


BEST INTEREST OF CHILD ?

Expressing my honour to the Hon’ble Supreme Court and the Hon’ble Judge,
May I kindly be allowed to humbly submit my arguments in favour of my client
:-

i. That the Petitioner prayed in the Writ petition that the Respondent has failed in
its duty to safeguard the best interest of child is absolute false allegation and
void.
ii. That on the basis of the prayer made by the petitioner in the Writ Petition, the
respondent has issued guidelines to all media houses and all the organizers with
regard, for not organizing such competitions/shows which are having adverse
affect.
iii. That the respondent has adopted various guidelines and enacted legislations
with respect to the protection of the children.
iv. That Article 19 of the UN Convention provides for the protection of the child
which adopted by the respondent.
v. That there are various other legislations like Prohibition Of Child Marriage Act,
Child Labour Act, Bonded Labour Abolition Act, Child Labour ( Prohibition and
Regulation) Act, Factories Act, W.B Shop & Establishment Act, etc.. all are
adopted/enacted by the respondent for the betterment of children.
vi. That the Indian Penal Code also contains certain provisions like Sections- 299,
300, 312, 315, 316, 317, and 363A with regard to the Protection of the
Children.
vii. It is further submitted that the respondent has always been concerned with the
rights and freedom of the children.
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4. WHETHER SUCH REALITY SHOWS SHALL BE BANNED ?

Expressing my honour to the Hon’ble Supreme Court and the Hon’ble Judge,
May I kindly be allowed to humbly submit my arguments that the reality shows
shall not be banned which are as follows:-

i. That banning of such reality shows will result in violation of fundamental rights
guaranteed by the Constitution.
ii. That Article 19(1)(g), provides right to freedom to carry out any profession,
trade or business which will be violated guaranteed to the media houses.
iii. That Article 19(1)(a) will be violated prohibiting to showcase the skills, as this is
a right provided by the said article by the constitution.
iv. That Article 21 the right to life and personal liberty, will be violated.
v. It is also submitted that the media houses before conducting such competitions
the organizers sought for permission from the parents or guardian of the child
who is said to be the best judge for the future of the child.
vi. That it will violate the fundamental rights of the parents to choose a pattern of
living for their children.
vii. It is furthermore submitted that, reality shows is a great platform which
gives/provides opportunities to the children to explore or express their
talents/opinions/views.
In Romesh Thappar v Union of India, Justice Patanjali has rightfully held that
19(1)(g) is the very basis and essence of the constitution and our democracy.
Reasonable restrictions, however, he noted, should be such that others’ rights
should not be hindered or affected by the acts of any others.
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PRAYER

In light of the issues raised, arguments advanced and cases cited it is most humbly
prayed before this Hon’ble Court—

1. To declare that allowing children to participate in the reality shows to be the


prime right and duty of the media houses and organizers.
2. To declare that participating in reality shows is a fundamental right of a child
guaranteed by the constitution u/a 19(1)(a).
3. To reject the plea of the petitioner and to declare that the respondent has
worked within its discretion.
4. To declare that the reality shows shall not be banned although this is an
important platform at the present time for the overall development of
children.

Or grant such other relief as the court may deem fit in the light of justice, equity and
good conscience.

COUNSELS FOR THE RESPONDENT