Children Have a Fundamental Right to Play Games, Apartment Owners Association Cannot Restrict the Same Arbitrarily: Karnataka High Court
In an important ruling on the rights of children and the limits of apartment association control over common spaces, the Karnataka High Court has held that children have a fundamental right to play games and that an apartment owners’ association cannot impose arbitrary restrictions on that right.
BENGALURU: In an important ruling on the rights of children and the limits of apartment association control over common spaces, the Karnataka High Court has held that children have a fundamental right to play games and that an apartment owners’ association cannot impose arbitrary restrictions on that right.
The judgment was delivered on June 16, 2026, by Justice Hanchate Sanjeev Kumar in Sangeetha Agarwal v. Esteem Gardenia Apartment Owners Association in Regular First Appeal No. 1826 of 2021, cited as Neutral Citation No. NC: 2026:KHC:30529. The court quashed the residents’ association’s decision to prohibit children from using the playground in the apartment complex, observing that such a restriction directly affects the health and overall development of children.
“Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health,” the court observed, making it clear that community living cannot come at the cost of children’s basic rights.
The appeal was filed by two residents of Esteem Gardenia Apartment, located at Sahakara Nagar in Bengaluru, who had challenged the restrictions imposed by the apartment owners’ association. Apart from the playground dispute, the case also involved the placing of flowerpots in the stairway area of the apartment complex, which the appellants said created obstruction and safety hazards.
According to the appellants, the association had placed flowerpots in the common stairway area of Primrose Block, making the passage narrow and difficult to use. They also contended that when the pots were watered, the stairway became slippery, posing a serious risk to residents. The plaintiffs further stated that on August 29, 2012, plaintiff No.1 fell while using the stairway and suffered a fracture injury, for which she underwent surgeries on August 30, 2012 and October 13, 2012. They claimed to have incurred substantial medical expenses.
The trial court had accepted that the flowerpots were placed in a common area but dismissed the suit on the ground that no illegality in their placement had been proved. It also noted that the association had removed the pots after the suit was filed. However, the High Court found that the broader issue of obstruction in common areas and the arbitrary denial of children’s access to the playground required closer scrutiny.
Justice Sanjeev Kumar held that apartment associations cannot act in a manner that curtails lawful use of common facilities or interferes with the rights of residents and children without justification. The court emphasized that community rules must be reasonable, fair and consistent with constitutional values.
The judgment is being seen as a significant affirmation of children’s rights in urban residential spaces, especially in apartment complexes where access to open areas and playgrounds is often controlled by resident associations. The court’s ruling sends a clear message that while associations may regulate common living, they cannot do so in a way that arbitrarily denies children the chance to play and grow in a healthy environment.
By allowing the appeal, the Karnataka High Court has reinforced the principle that the right to play is not a luxury but an essential part of childhood, and that apartment associations must respect that right.
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