Children playing in apartment complex
I live in an apartment complex. There are plenty of children living in the complex and normally they play in the complex between 5.00 p.m. to 7.00 p.m. One gentleman has objected to their playing and often threatens them by bursting crackers, verbal abuse etc. Others pleaded with him to desist from such practices. As he did not fall in line, the matter was discussed in the General Body Meeting and then again in the special general body meeting and it was decided that no embargo should be put on the children from playing between 5.00 p.m. and 7.00 p.m. Dis-satisfied with this, this gentleman has filed a civil suit against association praying for injunction preventing children from playing. What are the chances of court granting the injunction or deciding the case in his favour? What are the steps to be taken by the parents to protect the rights of these innocoent children?
Asked in Civil Law from Bangalore, Karnataka
Hi, granting or rejecting the order of injunction will depends upon the facts of the case and also discriminatory power of the court. and you have to contest the case through association in order to protect the right of the children.
chances of success of the gentleman are zero . if children dont play in association compound are they supposed to play on roads?
2) in your reply mention issue was discussed in AGM and it was decided that no embargo be placed on kids playing between 5 pm to 7pm .further mention playing is an essential and integral part of all children's healthy growth, development
3) in fact file counter complaint against said gentleman for criminal intimidation of children by hurling verbal abuses at them
Contest the matter on merit. Article 31 of United Nations Convention on the Rights of the Child recognizes child's right to play. (It is first UN document created by to declare the Rights of the Child, Its not legally binding document it is more like a moral guide of conduct for governments.)
Let the Association engage the advocate to represent its members after passing a resolution. Even the parents of the children can file impleading applications to voice their concern and protect third wards right. Oppose the injunction application filed by the (so called) gentleman. If Injunction is already granted, approach the High Court seeking relief of behalf of the children.
1. The chances of success are very bleak, albeit it needs to be borne in mind that court will not hesitate to rule in his favour merely on account of the fact that he has sought stay against children. Regulating the conduct of children is the legal duty of parents. If he can prove they have abdicated this duty then he may walk away with a favourable order. Hence, it is imperative that association and parents of children contest the case on merits will all due diligence expected from a litigant.
2. File a police complaint against him for intimidating and abusing children.