The Karnataka High Court has quashed the criminal proceedings against Janata Dal (Secular) MLA Sharada Purya Naik from Shimoga (Rural), who was accused of employing children in a political rally in 2023. The single judge bench of Justice M. Nagaprasanna observed that the mere presence of children alongside a campaign venue would not attract the rigours of Sections 77 of the Juvenile Justice Act.
Background
The case arose from a political rally held during the 2023 election campaign period, in which children were allegedly present and participating. A complaint was filed alleging that the MLA had violated provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and possibly the Child Labour (Prohibition and Regulation) Act, by using children in political activities.
Section 77 of the Juvenile Justice Act prohibits the use of children by any person for begging, crime, or any other activity that exploits them. The question before the High Court was whether children’s participation in a political rally constituted an offence under this provision.
High Court’s Ruling
Justice Nagaprasanna quashed the proceedings, holding that the mere presence of children at or near a political campaign venue does not automatically constitute employing them in violation of the Juvenile Justice Act. The Court found that for Section 77 to be attracted, there must be an element of exploitation or coercion of the children, which was not established on the facts of the case.
The Court emphasised that criminal law must be interpreted strictly, and provisions designed to protect children from exploitation should not be applied to situations that do not involve genuine exploitation or harm to children.
Child Rights in Political Contexts
The case raises important questions about the boundaries of child rights laws in the context of political activities. While children must be protected from exploitation and involvement in inappropriate activities, the law must also recognise that children accompanying their parents to public gatherings, including political events, is a common social reality in India.
The ruling provides guidance on distinguishing between genuine exploitation of children and the incidental presence of children in public or political gatherings.
Court: Karnataka High Court | Bench: Justice M. Nagaprasanna | Date: June 12, 2026 | Source: LiveLaw
