NHRC asks Punjab to explain ‘non-observance’ of I-Day in state govt schools

The Commission has also directed the Union Home Secretary “to examine the matter and take necessary action at its end”.

NHRC member Priyank Kanoongo, whose single bench took cognizance of the complaint, told The Indian Express: “We received a complaint from an NGO Legal Rights Observatory (LRO) following which notice was issued to Punjab.” On his X account, Kanoongo reposted a post by LRO, with the announcement that notice had been issued.

Posts by Kanoongo on X suggest he visited schools in Punjab’s border district of Fazilka, and participated in an Independence Day function with schoolchildren on August 15. He posted pictures of the celebration, and wrote: “India’s first village, Dona Nanka, located on the India-Pakistan border in Fazilka district, Punjab, celebrated the festival of Independence Day with children. There are no roads here — no clean drinking water — no playground — nor any facility for studies above primary level. Despite this, the spirit of these children is truly remarkable.”

He alleged in the post that “Due to the state government’s negligence, there’s such profound misfortune here that no village school ever holds an Independence Day program.” However, “For the first time, upon my arrival, these children performed the flag hoisting and sang the national anthem.”

Asked about this visit to Punjab’s border areas, Kanoongo told The Indian Express: “This is how I work. I conduct field inspections.”

Kanoongo also posted a video of an apparently locked school building in Mahatam Nagar of Fazilka on Independence Day. Tagging Aam Aadmi Party (AAP) chief Arvind Kejriwal and Punjab Chief Minister Bhagwant Mann, Kanoongo wrote: “This is governmental treason!! In the villages adjacent to the Pakistan border in Punjab, neither Independence Day has been celebrated in the schools nor has the tricolor been hoisted. Not just in schools, but in panchayats too, national festivals are being disrespected; even the national anthem has not been sung. This anarchy by @ArvindKejriwal and @BhagwantMann and the insult to Mother India will not be tolerated. The strictest action will be taken.”

Punjab has been ruled by the opposition AAP since March 2022. The state goes to Assembly polls in a few months.

Punjab Education Secretary Sonali Giri told The Indian Express that the state was yet to receive the NHRC’s notice. However, the allegations in the complaint were baseless, she said.

“We have duly observed and celebrated Independence Day across all schools in the state as carried out every year. The department has photographs of the same,” Giri said.

Punjab Education Minister Harjot Singh Bains said: “Every district headquarter celebrates Independence Day, and so does every municipal council, corporation, tehsil, etc. School children participate in these functions.”

Bains added that “For school students, August 15 is a national holiday. (Therefore,) Some schools may have celebrated on August 14. This could be the reason for the notice. I will check. It is wrong to say that we did not celebrate.”

The complaint alleged that in several government schools, particularly those in border, rural and allegedly underserved areas, Independence Day “was not observed in the manner contemplated under the applicable governmental instructions”, and that students “were allegedly not meaningfully involved in flag-hoisting, the National Anthem and other educational activities connected with the freedom struggle, constitutional values, Fundamental Duties and national responsibilities”.

The NHRC notice said that such deficiencies, if established, may have left children in these schools with “a substantially different educational and civic experience” from those in better-resourced or urban schools.

According to the Commission, it was necessary to examine whether children in government schools, particularly those in rural, remote and border areas, were “afforded an equal opportunity to participate in educational and co-curricular activities” intended to acquaint them with the country’s national values.

The notice said that while “The mere manner in which a particular school conducts an observance cannot, without more, be characterised as a violation of human rights”, cases where alleged omissions, administrative neglect or non-compliance with government directions result in the “deprivation of educational and civic opportunities”, warrant examination.

The order refers to Article 14 of the Constitution on equality before law and Article 21A on the right to free and compulsory education, along with Article 51A(a) and (b), which it says “reflect the constitutional importance attached to respect for the Constitution, its ideals and institutions, and to cherishing the ideals which inspired India’s freedom struggle”.

The Commission referred to previous government directions relating to Independence Day in schools, including a 2017 communication issued by the then Ministry of Human Resource Development, directing activities to create a festive and patriotic atmosphere.

It also referred to instructions issued by the Punjab Education Department in August 2017 on unfurling the flag and observing the Anthem, and a CBSE circular of August 2026 issued in connection with the Har Ghar Tiranga campaign.

The Commission said it wanted to ascertain whether the 2026 instructions were duly communicated to all government schools in the state, implemented uniformly, and monitored. Punjab being a border state, faces certain specific challenges in delivering public educational services, it said.

The NHRC has directed the chief secretary to conduct a district-wise and school-wise verification of the allegations.

It has also sought information on the number of government schools in Punjab, the number of schools that observed Independence Day on August 15, in how many schools the National Flag was unfurled and the National Anthem was observed, the extent of student participation, and the action taken in cases of non-compliance with directions.

The Commission has also directed the state to examine whether there were disparities between urban and rural schools, remote and accessible schools, and schools in border areas and elsewhere.