·The Hindu·15 marks·250–350 words

Discuss the role of the Supreme Court in ensuring executive accountability when fundamental rights of minors are threatened, with reference to recent protester-intimidation cases.

In this answer
  1. Mechanisms the Court deploys
  2. Why minors attract heightened protection
  3. Limits of judicial intervention

Article 21 guarantees life and personal liberty to every person, including children [4]. When executive agencies act against, or fail to protect, minors exercising civic freedoms, the Supreme Court's writ jurisdiction becomes the principal accountability mechanism — as the recent NEET-UG protester-intimidation proceedings illustrate.

Mechanisms the Court deploys

  • Real-time directions to the executive: on 10 September 2026, a three-judge Bench headed by CJI Surya Kant directed Solicitor-General Tushar Mehta to ensure "immediate action" on a 14-year-old protester's complaint of threats and harassment [1].
  • Compliance through assurances rather than adversarial orders: on 1 September 2026 the Court closed FIRs registered nationwide against protesters for the 20–25 July protests, after the Centre undertook not to pursue them and to frame a compensation policy for families of students who died by suicide [2].
  • Continuing oversight: the Bench retained the matter, noting that an FIR stood against the child while alleged assailants remained at large [1].

Why minors attract heightened protection

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 embeds the best-interest and non-stigmatisation principles, making coercive police action against a child protester constitutionally suspect [5].
  • Intimidation of a minor has a chilling effect on the Article 19(1)(a) and 19(1)(b) freedoms of the wider student community [4].

Limits of judicial intervention

  • The Court is episodic and petition-dependent; enforcement still rests on State police.
  • It prefers institutional deference on policy: in July 2024 it declined to cancel NEET-UG 2024 absent evidence of systemic compromise, leaving remedies to the Public Examinations (Prevention of Unfair Means) Act, 2024 [3][6].

The Court thus acts less as a substitute administrator than as a constitutional pace-setter, converting executive assurances into enforceable commitments. Durable protection, however, requires strengthened NCPCR and police-accountability machinery and time-bound action on complaints by children — so that judicial vigilance reinforces, rather than replaces, everyday executive responsibility under Article 21.

Sources

  1. 1Take action against threats to minor NEET protester: SC — The Hindu (11 September 2026)SC Bench under CJI Surya Kant directing SG Tushar Mehta to act on the 14-year-old's complaint; FIR against the child
  2. 2SC orders closure of FIRs registered against student protests over NEET — Akashvani News (1 September 2026)closure of 20–25 July protest FIRs and the Centre's compensation assurance
  3. 3SC refuses to cancel NEET-UG 2024 examination — Akashvani Newsno systemic leak established; exam cancellation refused
  4. 4Constitution of India, Article 21 (and Article 19) — Legislative Department, Ministry of Law and Justicelife and personal liberty; freedoms of speech and assembly
  5. 5Juvenile Justice (Care and Protection of Children) Act, 2015 — India Codebest-interest and non-stigmatisation principles for children
  6. 6Public Examinations (Prevention of Unfair Means) Act, 2024 — India Codestatutory framework against paper leaks and organised malpractice

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