If parents can buy cricket gear, they can also arrange water for their child: HC

On Thursday, when the PIL came up for hearing, the judges said the plea would be very low on their priority list

Mumbai: If parents can buy the gear required to play cricket for their children, they can also buy a water bottle, the Bombay high court said on Thursday while hearing public interest litigation seeking orders for the Board of Control for Cricket in India (BCCI), the Mumbai Cricket Association (MCA) and the state government to provide basic amenities such as drinking water, toilets and medical facilities on public grounds in the city.

The bench also highlighted the fact that several villages and even some cities across Maharashtra face acute water shortages.

“You are fortunate that your parents can buy you a chest guard, knee guard and everything else required to play cricket,” said the division bench of chief justice Dipankar Datta and justice Makarand Karnik.

“If your parents can buy you all this, then they can buy you bottled water as well,” the bench added.

The public interest litigation (PIL) is filed by advocate Rahul Tiwari, contending that cricket players in Mumbai were not provided basic sanitary and medical facilities on public grounds and while the MCA says it’s the duty of the Brihanmumbai Municipal Corporation (BMC), the civic body passes the buck on the cricketing body.

Tiwari, who appeared in person, further contended that though a fee was paid to the civic authority or sports association which manages public grounds while booking the same for practice sessions, there was no access to potable drinking water or toilet for the players.

He had also complained that it was also the case during professional cricket camps that were organised by the cricket governing bodies and associations as well, hence the court should direct the concerned authorities to provide such amenities for the benefit of the players.

The cricket associations had earlier indirectly supported the petitioner by informing the court that they managed some public grounds in the state which were under the jurisdiction of local municipal bodies and wherever associations organised cricket training or practice camps or practice matches, their requests for providing basic facilities for the players and teams were usually turned down by the concerned authorities.

On Thursday, when the PIL came up for hearing, the judges said the plea would be very low on their priority list, especially when matters concerning the flooding of towns and unauthorised and dangerous buildings were posted before the court for the hearing.

The bench also highlighted the fact that several villages and even some cities across Maharashtra face acute water shortages.

“Think of the villagers who can’t afford water,” the judges told the petitioner in person.

“Do you know that Aurangabad city gets portable water once every week? Why can’t you get your own water,” they asked.

The judges said the priority should be to first ensure water for the villages and cities which are facing acute shortages. “Everyone has a fundamental right to live and survive,” the judges remarked.

Reacting to Tiwari’s claim that his fundamental rights were violated because of the lack of basic amenities on public grounds in the city, the bench said the petitioner should first attend to his fundamental duties before focusing on his fundamental rights.

“First take care of your fundamental duties,” the judges said, asking as to what the petitioner’s lawyer had done to fulfil his fundamental duty.

“We don’t want to waste time here,” they said and posted Tiwari’s PIL for further hearing on July 28.

Earlier, another bench comprising justice AK Menon and justice MS Karnik had asked the BCCI, the MCA and the state government to provide basic facilities such as toilets, drinking water and medical assistance on public grounds throughout Maharashtra, observing that they might get their next star from public grounds.