JUDGMENT : 1. During the consideration of PIL No. 09/2017 relating to insufficiency of parks and open spaces in Srinagar, yet another issue regarding deficiency of sports facilities in the State of Jammu and Kashmir has come to the fore. In fact, most of the sports in which India is competing at the international level are completely absent from the State. 2. It is common knowledge that even in Srinagar, there are barely three to four stadiums: one being the Bakshi Stadium which provides for playing football; the second is the Sheri-Kashmir Indoor Stadium which provides for some indoor games as badminton, table tennis; the third and fourth are TRC Ground and Polo Ground, where football and cricket are being played. The status in Jammu is not much better. 3. We are informed that there is not a single athletic track facility, swimming pools, basket-ball courts, baseball, to play carrom, chess, billiards and the other sports games in Srinagar for children to learn and play. There are no public swimming pools in the city of Srinagar. 4. There can be no doubt at all that sports enhances the physical and mental development of all persons. The participation in sports activities helps in development of healthy bones and muscles, increases fitness, improves sleep, enables socialization, improves the cooperation skills, boosts self-confidence. Being involved in a sport teaches valuable lessons in teamwork, most importantly, it takes away depression and reduces stress. Sports essentially facilitates development of patience, rectitude, comradeship, a new sense of togetherness and belonging. 5. It is critical to remember that sports provides a safe and healthy platform for learning control, coping with defeat and helps building resilience. Furthermore, the following the rules of game inculcates discipline, punctuality and respect for authority. Sports thus plays a vital role in the child’s development of self-esteem and self-worth. 6. The importance of sports in the life of any person cannot be sufficiently emphasized. Participation in sporting activities is a building block in bringing in habits of discipline, rectitude, perseverance, commitment and most importantly developing an ability to work in teams. It provides a critical outlet for the energy possessed by young children and the youth. It enables a healthy pastime for utilization of free times. Participation in sporting activities is a building block in bringing in habits of discipline, rectitude, perseverance, commitment and most importantly developing an ability to work in teams. It provides a critical outlet for the energy possessed by young children and the youth. It enables a healthy pastime for utilization of free times. It contributes greatly to the development of the health of the participating persons and motivates not only the participants but also the onlookers towards healthy competition and inculcation of a spirit of cooperation, thrill and enjoyment. Participation in healthy sporting and gaming activity facilitates sharing of skills, differential abilities as well as creativity. It contributes to building a more sensitive, innovative, equitable, fair community and world. 7. Such facilities are available to the children, youth and persons of all ages and culture in every part of the country. These facilities must be made available to every child, youth and resident in the State of Jammu and Kashmir. The Government of Jammu and Kashmir has an essential responsibility to ensure that these facilities are enabled to every person who is a resident of or visits the State of Jammu and Kashmir. 8. The Government of India has taken upon itself the responsibility of developing and ensuring sports and sporting facilities to the people of India. Its commitment to the cause of sports is evident that a complete Ministry - the Ministry of Youth Affairs and Sports has been created for the purpose. It has also set up sporting bodies which are providing sports facilities at a National level which include the Sports Authority of India. The Government of India also has formulated the National Sports Code whereby recognition is accorded to sporting bodies operating at the national level to whom Government grant is released for promotion of the sport at the national level, representation at the international forums and selection of the National Sports teams. 9. There are more than 50 sporting events in which sports persons compete in the Olympic Games, like, Aquatics, Athletics, Archery, Badminton, Basketball, Boxing, Cycling, Football, Golf, Gymnastics, Handball, Judo, Shooting, Table Tennis, Taekwondo, Tennis, Volleyball, Weightlifting, Karate etc. Indian Sports persons competes in most of the Olympic events. Similarly, there are other multiple sporting events in which sports persons from India compete in other international competitions including the Common Wealth Games, Asian Games etc. Indian Sports persons competes in most of the Olympic events. Similarly, there are other multiple sporting events in which sports persons from India compete in other international competitions including the Common Wealth Games, Asian Games etc. These include inter alia, the Athletic Federation of India, Badminton Association of India, Basketball Federation of India, Billiards & Snookers Federation of India, Indian Body Builders Federation, Boxing Federation of India, All India Chess Federation, Cycling Federation of India, All India Football Federation, Swimming Federation of India, etc. 10. The Central Government has also ensured a budgetary allocation for the subject of sports which it is dispensing to the above sports bodies who have promoted themselves as being responsible for specific sports for all the States of the Country. There is no reason at all as to why the Government of India as well as the Government of Jammu and Kashmir and the sports bodies ought not to be required to ensure provisions of the sporting facilities in the State of Jammu and Kashmir. 11. It is time to remind ourselves of the Constitutional mandate of Section 21 of the Constitution of Jammu and Kashmir which reads as follows: “21. Rights of children The State shall strive to secure: (a) to all children the right to happy childhood with adequate medical care and attention; and (b) to all children and youth equal opportunities in education and employment, protection against exploitation, and against moral or material abandonment.” It cannot be denied that a ‘happy child’ is best secured by enabling adequate sporting opportunities to him or her. It also cannot be denied that sports are an essential concomitant of holistic and complete education as well for healthy development. 12. It would seem that even the State Government which was vested with the responsibility to secure to the children their right to a happy childhood has done precious little. 13. The respondents cannot be permitted to maintain a blind eye to the hard reality that, more than for adults, a childhood and youth, spent without the freedom of playing in open spaces or participating in organized games and sports, could actually distort their development and the young minds. To us, it is a shocking state of affairs that even a valuable water body as the Dal Lake which is available for developing and encouraging water sports is so grossly under-utilized, if at all. 14. To us, it is a shocking state of affairs that even a valuable water body as the Dal Lake which is available for developing and encouraging water sports is so grossly under-utilized, if at all. 14. Given the extreme lack of sporting facilities in the entire State of Jammu and Kashmir, we are compelled to take up this issue in the writ petition so as to ensure mandate of the Constitution of India as well as the Constitution of Jammu and Kashmir. Let this matter be registered as a Public Interest Litigation. 15. We appoint Mr. Syed Faisal Qadiri, Advocate, as Amicus Curiae to assist us in this matter. 16. Having regard to the issues which are under consideration, at present, the following would be arrayed as party respondents:- 1. Government of India, Ministry of Youth Affairs and Sports, through its Secretary, Shastri Bhawan, New Delhi. 2. Government of Jammu and Kashmir. through Secretary, Youth, Services and Sports. 3. Jammu and Kashmir State Sports Council, through its Secretary, Munshi Bagh, Srinagar. 4. All India Lawn Tennis, Federation of India, through its President, R.K. Khanna Stadium 1, Africa Ave, Deer Park, Hauz Khas, New Delhi. 5. Athletic Federation of India, through its President, WZ-72, Todapur, Main Road Dev Prakash Shastri Marg, New Delhi, 110012, Email ID: aafi@ndb.vsnl.net.in Website: www.indiaathetic.org 6. Badminton Association of India, through its President, 383/384, Double Story, New Rajendra Nagar, New Delhi. 110060 Website: www.badmintonindia.org. 7. Basketball Federation of India, through its President, No. 14, Sagar Apartment, 6, Tilak Marg, opposite Tilak Marg Police Station, New Delhi, 110001, Email ID: basketballfederationindia@gmail.com Website: www.basketballfederationindia.org. 8. Billiards & Snookers Federation of India, through its President, Miller Tank Build Area, Jasma Bhawan Road, Bangalore, Karnataka. Email ID: bsfi@vsnl.net Website: www.bsfi.net. 9. Boxing Federation of India, through its President, 319, Udyog Vihar, Phase-IV, Gurgaon, Haryana, Email ID: president@boxingfederation.in 10. Cycling Federation of India, through its President, 12, Pandit Pant Marg, Near Gol Daak Khana, New Delhi. Website: www.cyclingfederationofindia.org 11. Equestrian Federation of India, through its President, C/o B. Sqn. 61, Cavalry, Cariappa Marg Delhi Cantt. Delhi, 110010. Email ID: efiindianf@yahoo.co.in 12. Gymnastic Federation of India, through its President, 402-54-B, Sagar Avenue, Junction of S V Road and Lallubhai Park Road, Andheri (West), Mumbai, Maharashtra, 400058 13. Kho-Kho Federation of India, through its President, Sampann Motors, 2820/19, Guru Nanak Auto Market, Kashmiri Gate, Delhi, 110006. Email ID: Khokhoindia2017@gmail.com Website: www.khokhofederation.in 14. Delhi, 110010. Email ID: efiindianf@yahoo.co.in 12. Gymnastic Federation of India, through its President, 402-54-B, Sagar Avenue, Junction of S V Road and Lallubhai Park Road, Andheri (West), Mumbai, Maharashtra, 400058 13. Kho-Kho Federation of India, through its President, Sampann Motors, 2820/19, Guru Nanak Auto Market, Kashmiri Gate, Delhi, 110006. Email ID: Khokhoindia2017@gmail.com Website: www.khokhofederation.in 14. Swimming Federation of India, through its President, Krishna Villa, 128, Paraskunj Society-I, Satellite Road, Ahmadabad, Gujarat. Email ID: Nanavativirendra@yahoo.com Website: www.swimmingfederation.in. 17. Issue notice. 18. Mr. Tahir Majid Shamsi, ASGI accepts notice for respondent No.1. 19. Ms. Moksha Kazmi, Advocate accepts notice for respondent No.3. 20. Notice shall now issue for service of the respondent Nos.2, 4 to 14. Notices shall be served by registered speed post as well as by e-mail. The Registrar (Judicial) shall ensure compliance. 21. The notices issued shall communicate that the respondents shall file status report regarding the sports facilities within one week after the receipt of the notice which have been made available by them for facilitation of the various sports in the State of Jammu and Kashmir. The respondent Nos. 1 and 2 shall file in a tabulation the facility provided, its geographic location and the sports which have catered and the number of persons who can avail the facility. The respondents shall also provide the details of the coaches and experts available to furthered the sports in Jammu and Kashmir. 22. List on 27th November 2018.