Saturday, December 24, 2011

STUDENTS WRITE RTE PIL POSTCARDS TO DELHI CHIEF JUSTICE

Social Jurist
A Civil Rights Group

To,
Hon’ble Shri A.K.Sikri
Acting Chief Justice
Delhi High Court,
New Delhi-110003
December 24, 2011

SUBJECT: Innocent school children in Delhi belonging to the economically weaker sections of the society continue to suffer everyday due to lack of basic facilities like desks, water, electricity, clean toilets, teachers in their schools due to the indifference and negligence on the part of the Government of NCT of Delhi and the Municipal Corporation of Delhi in implementing the Right of children to Free and Compulsory Education Act, 2009

Respected Sir,

We had earlier written to you a letter dated 27.05.2010 enclosing therewith as many as 150 postcards having been written on 22.05.2010 by the students from various Government and MCD schools in Jahangirpuri Resettlement Colony and addressed to you highlighting good and bad characteristics of their schools and seeking your intervention for realization of their rights to education. We are happy to say that the Hon’ble High Court was pleased to convert the said letter into a PIL registered as W.P. (C) 4535/2010 entitled Court on its Own Motion vs. Government of NCT of Delhi and MCD and notices were issued to Govt. of NCT of Delhi and MCD. The Hon’ble High Court has been passing orders and directions from time to time in the said PIL and now the date of hearing is fixed for 29.02.2012. It is respectfully submitted that in continuation of the aforesaid letter dated 27.05.2010, we had written another letter dated 12.07.2010 enclosing therewith as many as 65 postcards having been written on 04.07.2010 by the students from Government and MCD schools of Dwarka area and addressed to you highlighting good and bad characteristics of their schools and seeking your intervention for the realization of their rights to education. It is respectfully submitted that the said letter was taken on the record of the above said PIL.

It is respectfully submitted that the above said PIL was not the only case where the Hon’ble High Court has intervened and passed directions to the Government of NCT of Delhi and the MCD. In 1997, the first PIL highlighting the lack of basic amenities in Government and MCD was filed by All India Lawyers Union (Delhi Unit) which was followed by several PILs filed by Social Jurist, A Civil Rights Group during the last 14 years highlighting one or the other violation of right to education of the students studying in Government and MCD schools. The Hon’ble Judges must have passed hundreds of orders and directions during the pendency of these PILs with a view to improve the conditions in Government and MCD schools where more than 25 lacs students belonging to weaker sections of the society have been studying.

Undoubtedly, the interventions by the Hon’ble High Court have certainly brought an improvement in the public funded schools in Delhi. However, we are still too far from realizing a good quality education in these schools. Generally, in the morning shifts, girls students are studying whereas in the after noon shifts, boy students are studying. The education imparted to the girl students in the morning shifts is comparatively much better than that imparted to the boy students in the after noon shifts. The standard of education in government schools is little better than that of the MCD schools. However, on the whole, the situation is somewhat alarming because despite so much public spending on education, the out put in terms of learning is very dismal.

We would like to bring to your urgent notice the sad fact that despite the insertion of Article 21-A in the Constitution of India in 2002 and passage of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) which have come into effect from 1 April 2010, lacs of innocent school children in Delhi -- mostly belonging to the economically weaker sections of the society who fight all odds to attend school -- continue to suffer innumerable hardships at their schools every single day due to lack of basic facilities like desks, drinking water, electricity, toilets, benches and teachers. This is because of gross negligence on the part of the Government of NCT of Delhi and the Municipal Corporation of Delhi in not making any serious efforts to implement the RTE Act, 2009.
It is submitted that besides the lack of infrastructure, in many such schools teachers are not available, the teachers are either not reaching on time and or are not taking the classes at all due to the lack of monitoring and fixing any kind of accountability on the teachers by the authorities concerned. Cases of teachers brutally beating up innocent children has also come to light. Furthermore, the complaints of these hapless school children to their headmasters/principals regarding their problems mostly go unheeded.

The above facts have come to light during the ongoing postcard campaign by the Social Jurist, a civil rights group, in which students and parents at different locations were asked to write postcards highlighting the problems in their schools. As many as 77 postcards which were written by the students of Government as well as of MCD schools on 07.11.2011 at Holambi Kalan Metro Vihar Resettlement Colony, Narela, Delhi are attached hereto for your kind perusal and consideration.

It is submitted that the cases of the students surveyed are telling testimony to not only of the lack of basic physical and academic infrastructure in schools but also of the absence of academics resulted in very poor quality of education in these schools. (1) Rohit, a Class XI student of Rajkiya Co-ed Government School writes, “The school deletes students’ names from the rolls without any reason. We are often thrashed by teachers. What’s worse is that all the windows panes are broken, making it very difficult for us during winter.” (2) Gajraj, a Class XI of Rajkiya Co-ed School, Phase II, Holambi Kalan writes, "For last four years, no computer classes have been conducted in our school. Moreover, instead of teaching us, our Hindi teacher attends phone calls during class hours”. (3) Bulbul, a Class V student of an MCD school in the area, writes: "Our teacher beats us a lot." (4) Rina, Class IX student of Government Secondary School, Holambi and (5) Gaffar, Class VI student say how in the absence of cleaning staff students they are made to do the work and how due to dirty toilets the students skips school. (6) Class X student of Rajkiya Senior Secondary School, Holambi, Phase II, Deepak Kumar and (7) Class X student Rahul Singh and (8) Class VIII student Preeti Kumari's postcards highlight the lack of basic amenities like benches in their schools. (9) Gulfam, Class VI student of Govt Co-ed Secondary School, C Block, Phase II, Holambi writes, “My class teacher does not teach at all and all the time, she listens songs.” (10) Jyoti, Class IX student of Govt Co-ed Sr. Secondary School writes, “Girl students are not given sports opportunity whereas such opportunity is given to boy students. Can girls not rise in life?” (10) Poonam, Class X student of Govt Co-ed Secondary School, C Block, Holambi writes, “My English teacher never explain any thing to the students.” (11) Rinki, Class V student of MCD school writes, “Our Sirji does not behave well with us. When ever we ask any question, he starts scolding us and he is always busy on Cell Phone.” (12) Manoj Kumar, Class X student of Govt Co-ed Secondary School, C Block, Phase II, Holambi Kalan writes, “ Teachers of our school are always busy gossiping with each other and don’t teach us at all.” (13) Vishal, Class XI student of Govt Co-ed Senior Secondary School, Delhi-82 writes, “We don’t have benches to sit in the classrooms.” (14) Priya, Class X student of Government Secondary School writes, “Benches in classroom are not made available to girl students and moreover, there is shortage of teachers.” (15) Jyoti, Class X student of Government Secondary School writes, “There are no desks in the classroom. The facilities like Library and Science Lab are not available in the school.” (16) Annu Kumar, Class XI student of Government Co-ed Secondary School, writes, “Potable water is not available in our school.” (17) Hari Shanker, Class XI of Government Co-ed Secondary School writes,” Our Hindi teacher does not teach us and instead keep him all the time busy on Cell Phone. There is no facility of Computer in the school” and (18) Usha, Class X student of Government Secondary School writes, “Our teachers (Sir & Madam) use abusive language to us and we feel offended. Even our parents have never used such language to us.”

The following problems were highlighted in the postcards:
1. Teacher is not there for teaching.
2. Lack of good behavior towards students.
3. Teachers give them work like to cleaning the classroom, benches, ground etc.
4. Teachers beat the students without any reason.
5. School doesn’t give chance to girl’s to play the games in the school.
6. There is no potable water in the school campus.
7. There is no tap or water supply in the school properly.
8. In some schools, there are no benches for students to sit and do studies well.
9. In the absence of the principal, teachers take them (student) away from the class and give them work to clean the school campus.
10 .Whenever students ask any question, the teachers beat them without any reason.
11 .Lack of education and studies in the school.
12 .Toilets are in bad condition.
13 .Teachers give homework to students without making them understand the topic.
14 .Facilities of computer class and science lab are lacking.
15 .There is no play ground in some schools.
16 .Teachers don’t come to school on time.
17 . Overcrowded classrooms.

The misconduct and negligence on the part of Delhi government and the Municipal Corporation of Delhi is in violation of the Constitutional and the statutory rights of the children to free and compulsory quality elementary education as envisaged in Article 21 (right to life with dignity) and Article 21-A (right to education) of the Constitution of India and in Right of Children to Free and Compulsory Education Act, 2009. We would also like to mention that though the historic Right of Children to Free and Compulsory Education Act, 2009 ensures that children between 6-14 years have access to free and quality elementary education, legislating laws is only half the work done. The government has made a promise to millions of children and it is necessary to ensure that the concerned authorities constantly assess the factors that go into preventing the children from attending school. The government and local authorities are obligated to provide schools, set benchmarks, rules of implementation etc regarding various provisions of the Act. The government has to work towards restoring the sanctity of the childhood of school-going children as well as out of school children, including children with disabilities.

It is understood that the Act aims at those who are not privileged enough to exercise their right to quality education. It has become crucial to inculcate equality in our society where large scale disparity prevails. Therefore, every child is equal before law and all of them should have access to the same quality of education. The responsibility of the authorities does not end at bringing such children to school, the essence of the Act is that they actually attend school and complete their elementary education. It is unfortunate that access to education has been a constant struggle for the unprivileged and disempowered. The State was expected to bring all the children into school within ten years of the commencement of the Constitution but miserably failed. Unnikrishnan’s landmark judgment (1993) of the Hon’ble Supreme Court declaring right to education a fundamental right of every child has never been implemented. Now Article 21-A has been inserted in the Constitution which mandates State to provide free and compulsory education to all the children in the age group 6 to 14 years now that the Right of Children to Free and Compulsory Education Act of 2009 has been passed and come into force w.e.f. 01.04.2010. It is submitted that despite all these legislations and assurances, the children of the masses are continued to be deprived of their right to quality education. The need of the hour is to inculcate an accountability system wherein anyone who disobeys the protocol laid down by the Act will be answerable.

We, therefore, most humbly request you to kindly take cognizance of these postcards and initiate appropriate proceedings against both the State Government and the Municipal Corporation of Delhi to redress the just, legal and bonafide grievances of the students of these schools relating to serious violations of their right to education.
Thanking you.


Yours Sincerely,


Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923

Friday, December 2, 2011

Govt. Schools deny admission to children in violation of RTE Act, 2009

Social Jurist
A Civil Rights Group
02.12.2011

To
The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines,
Delhi -110054.

Sub: Govt. Schools deny admission to children in violation of RTE Act, 2009

Dear Sir,

In continuation of my phonogram dated 28.11.2011, it is brought to your notice that the Principal of Government Girls Senior Secondary School, D-Block, Jahangirpuri, Delhi has denied admission to 13 years old Km. Asmina Khatun, D/o Mohd. Ali Hasan, R/o C-546, Jahangirpuri, Delhi-110033 (Mob: 9990969465) in class VI in the academic year 2011-12.

It is also brought to your notice that the Principal of Kamla Nehru SKV, Jungpura, New Delhi has denied admission to Km. Shashi Pandey, Km. Meenakshi Pandey and Master Rajan Pandey, wards of Mrs.Shalini, R/o 49, Jungpura, Masjid Road, Bhogal, New Delhi in Classes KG, II and IV respectively in the academic year 2011-12. These children have lost their father. Compelled by the circumstance, their poor mother who is suffering with 40% disability on account of paralysis in her left leg has moved to Delhi in search of livelihood about six months ago. Luckily, she got the job of maid servant in a lawyer’s house at 49, Jungpura, Masjid Road, Bhogal, New Delhi where she is also staying with these children. She has even submitted written applications dated 18.11.2011 to the Principal of the school but instead of admissions to her children, she has received humiliation.

All the afore-mentioned children are below 14 years of age and wish to study in your schools in age appropriate classes in terms of Right of Children to Free and Compulsory Education Act, 2009 but it is unfortunate that despite several attempts having been made by these children/parents, the afore-mentioned schools have refused admissions, without any justification.

It is also unfortunate that the concerned Deputy Directors of Education are also reluctant to help these hapless students to get them admitted in the schools. It would not be exaggeration to say that the Education Officials are responsible under the law to ensure that children are admitted in the schools.

It is, therefore, requested that you may personally look into this matter ensuring that all the afore-mentioned children are admitted in the aforesaid schools without any further delay.

With regards

ASHOK AGARWAL
Advocate
Advisor – Social Jurist
(M) 9811101923

EMPLOYER ABONDONS POOR WORKER IN GANGA RAM HOSPITAL



Dinesh, 27 years old poor labourer was taken from Aligarh to Gwalior through sub-contractor to work for M/s Grower Constructions undertaking the work of construction at CRPF Camp, Gawalior sometimes in the third week of September 2011. On 05.10.2011, while he was working on the Mixer Machine, his right hand came in the machine and was crushed. No police report was lodged till date. The employer Shri Sanjiv Grower (M-9810054116, 7869571735), first took Dinesh to JA Groups Hospital at Gwalior the same day but the Hospital advised to take him to some other hospital. Thereafter, the employer took him next day to Sir Ganga Ram Hospital, Pusa Road, New Delhi where Dinesh was admitted as indoor patient vide registration no. 1005565. The employer deposited Rs.15000/- as initial deposit with the hospital and continued to pay the hospital’s bills till 24.11.2011. Dinesh was operated upon one after the other.

On 30.11.2011, the Hospital asked Shri Surinder, the father of the patient to pay a bill for over Rs.90,000/- saying that the employer has refused to pay any more money to the hospital. Shri Surinder is working as daily rated agricultural labourer at Aligarh and hardly earns Rs.100/- a day and that also depending upon the availability of work. Shri Surinder was perturbed to think that his young son would be discharged from the hospital for want of money as it was impossible for him to arrange any money. At this stage, he somehow came in contact with Advocate Ashok Agarwal through Advocate Umesh Singh (M-9871329898). Due to the intervention of Shri Ashok Agarwal, Ganga Ram Hospital has stopped asking the patient’s father to make payment of the hospital’s bills and they are continuing with the treatment of the patient.

However, the question remains that the employer has abandoned its employee in the mid-way. No police complaint was lodged till date nor has any payment on account of compensation been paid to the employee. Both employer and the principal employer (Government of India) are responsible for payment of compensation to the employee. Poor employee is the victim of the cruel and the corrupt system.

Sunday, November 27, 2011

POOR WORKMAN WINS LEGAL BATTLE AFTER 21 YEARS

Delhi High Court on Thursday came to rescue of a poor workman by directing a Delhi Government Undertaking to pay to him wages from the date of removal i.e. 26th June, 1990 till the age of superannuation and thereafter, all the consequential relief of pension etc.

Shri Azad Singh working as Driver with Delhi Tourism and Transportation Corporation Limited (DTTCL) had filed petition in 1991 in Delhi High Court against removal from service on 26.06.1990. He was removed on the alleged charges that on 27.11.1987, he along with an outsider entered in the office of the management with a bottle of whisky and he started drinking there and misbehaved with the staff. Shri Azad Singh denied the correctness of the charges and claimed to have falsely implicated.

Justice M.L.Mehta accepting the arguments of petitioner’s Counsel Mr. Anuj Agarwal, that there was no positive and reliable evidence supporting the charges leveled against the petitioner and also that a reasonable opportunity to defend had not been afforded, quashed the removal order dated 26th June 1990.

http://lobis.nic.in/dhc/MLM/judgement/26-11-2011/MLM25112011CW38501991.pdf

Friday, November 25, 2011

DELHI GOVT NOTIFIES RTE RULES

After pulled up by Delhi High Court, Delhi Government has today issued Notification notifying Rules under Right of Children to Free and Compulsory Education Act, 2009.

Social Jurist writes to Union Health Minister for National Policy on Free Treatment in Pvt. Hospitals

Social Jurist

To,

Sri Gulam Nabi Azad
Union Minister of Health,
Government of India,
Nirman Bhavan, New Delhi-1
25.11.2011

SUBJECT: Seeking formulation of a clear National Policy by the Central Government to ensure that all private hospitals across the country which have been provided government land at concessional rates in any part of the country should be directed to provide free medical treatment and free beds to the extent of 10% IPD and 25% OPD to poor patients on the lines of such free medical treatment and free beds having been facilitated to the poor by the Hon’ble Supreme Court in over 40 private hospitals which were provided concessional government land in the National Capital Territory of Delhi


Dear Sir,


This has reference to the submission of the learned Central Government Counsel before the Delhi High Court on 24/11/2011 that the government is in the process of formulating a policy for the National Capital Territory of Delhi with regard to providing free treatment and beds to poor patients in 42 private hospitals which were given government land at concessional rates for the purpose.


While dismissing the Special Leave Petitions of the 10 private hospitals, the Hon’ble Supreme Court, in its landmark order dated 1 September 2011, had clearly stated that all hospitals which have been provided concessional government land are duty bound to provide 10% IPD and 25% OPD facilities free of cost to the poor patients. In view of the spirit of the Supreme Court order dated 1 September 2011, the Central Government should come out with an elaborate National Policy to facilitate similar free medical treatment and beds to the poor patients in all private hospitals across the country which have been provided concessional land in any part of the country.


It is submitted that public lands on concessional rates have been provided to charitable societies all over the country for running hospitals. However, barring Delhi, all the private hospitals in other States and Union Territories are not at all providing free medical treatment to the economically weaker sections, perhaps in the absence of clear policy decision by the Central Government. By not providing free treatment to the poor, these hospitals for the last four decades have not only violated the terms of the land allotments with impunity but have also cheated the people of this country.


If a clear National Policy is formulated by the Central Government with regard to providing free treatment to poor patients in private hospitals all over the country – while taking into consideration the spirit of the Supreme Court’s 1 September 2011 order – it will go a long way in ensuring that thousands of poor patients living across the country are immensely benefited and also saved from the undue harassment at the hands of the management and authorities of the private hospital which has been provided concessional government land.


Thanking you,

Warmest Regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist

M- 9811101923

Wednesday, November 9, 2011

MAHARASHTRA RTE RULES ON UNIFORM SMACKS COMMUNAL AGENDA

By Ashok Agarwal, Advocate & Social Activist

Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 which has come into force from 11 October 2011 in Section 2 (r) has defined “Uniform” means a dress decided by the concerned school committee with due consideration to the expected norms of behavior and discipline, to be worn by students of the school. Such a definition of “Uniform” in the Rules, in my humble submission, is open to be exploited by communal minded element in the school committee.

Mail Today, New Delhi, November 10, 2011 has reported that a preposterous correlation between Jeans and rape cases has prompted some community leaders to advocate a regressive dress code for girls in Muzzaffarnagar district of U.P. The suggestion comes close on the heels of similar curbs that were slapped by a village khap in the district. The Brahmin Samaj of Muzaffarnagar believes that jeans must not be worn by girls. Over 50 members of the community held a meeting in the Fogana area on Tuesday evening and concluded that rape cases were on the rise because of this sartorial preference of the fairer sex.

It is submitted that Article 51-A of the Constitution of India which deals with Fundamental Duties of Citizens amongst others talks of developing the scientific temper, humanism and the spirit of inquiry and reform. Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 which deals with Curriculum and Evaluation Procedure amongst others talks of making the child free of fear, trauma and anxiety and helping the child to express views freely. It is therefore, submitted that the definition of “Uniform” given in the Maharashtra RTE Rules, 2011 goes against the letters and spirit of the Constitution and the RTE Act, 2009.
Contact at Email: juristashok@gmail.com

NOTIFY RTE RULES IN THREE WEEKS – HIGH COURT DIRECTS DELHI GOVERNMENT

Delhi High Court (Chief Justice Bench) today directed Government of Delhi to make notified Rules under Section 38 of Right of Children to Free and Compulsory Education Act, 2009 in 3 weeks. These directives have come on the PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that despite having the RTE Act, 2009 coming into force w.e.f. 01.04.2010, Delhi Government has failed to make Rules by Notification resulting in delay in implementation of most of the important provisions of the Act. ”The failure to do so on the part of the Government defeats the very object and purpose of the enactment of RTE Act, 2009”, submitted Mr. Agarwal.

The Court taking serious note of the deliberate delay in bringing notified rules, had on the last hearing directed Delhi Principal Secretary (Education) Mr. Rakesh Mohan to be personally present in the Court today. The Delhi Government Counsel has informed the Court that the final Rules have been approved by the Cabinet on 04.11.2011 and have been sent to the Lt. Governor of Delhi for assent on 08.11.2011 and would be notified within 3 weeks. Mr. Rakesh Mohan was also present in the Court. Disposing of the PIL, the Court noted that the notified rules were required for the implementation of the Right of Children to Free and Compulsory Education Act, 2011 and directed the Government to notify the rules in 3 weeks positively.

PRIVATE HOSPITAL ASKED TO REFUND MONEY TO POOR PATIENT

- Monitoring Committee of which I am a member inspected three private hospitals, namely, Delhi ENT Hospital & Research Centre, Jasola, Gujarmal Modi Hospital, Saket and Max Super Specialty Hospital, Saket on Monday November 08, 2011. The Committee noted that in ENT Hospital & Research Centre, a female patient whose family monthly income was less than Rs.6422/- was admitted in the paid category whereas all the three free beds were lying vacant. The Committee advised the Hospital that the concerned patient must be converted in free category and the money deposited (Rs.2500/-) be refunded. It was found that 6 free beds out of 10 were lying vacant in Gujarmal Modi Hospital whereas 26 free beds out of 30 were lying vacant in Max Super Specialty Hospital.

Friday, November 4, 2011

TEACHER ILL TREATS CLASS VIII STUDENT

UNFORTUNATE & CRUEL- Economically poor Class VIII student of Guru Harkrishan Public School, India Gate (situated on govt allotted land on highly concession rates with a view that the school will provide free education to economically weaker student) today got two slaps on his face besides hearing humiliating words from his teacher. His fault is that he boarded school bus to go back to home after school was over and the heartless teacher pulled him out of bus under the incorrect impression that the student has not deposited bus fees. What kind of education institutions we have?

Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity

Ashok Agarwal
(Advocate)
03.11.2011
To,
The Principal Secretary (Health)
Government of NCT of Delhi
Secretariat
I.P. Estate, New Delhi-110002

Sub: Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity

Dear Sir,

While I fully appreciate the Delhi Government issuing detailed guidelines to private hospitals regarding free medical treatment to patients under the EWS category, I would like to point out that at present there is almost complete absence of information to EWS category patients about such free treatment available to them. Consequently, most beds reserved under this category continue to remain unoccupied in most private hospitals despite the existence of a large number of poor patients who are eligible for free medical treatment.

In order to create adequate public awareness on the issue and facilitate the EWS category patients to avail the free medical treatment in private hospitals ---- which has been made possible through the landmark judgment of the Hon’ble Supreme Court---- I would like to make the following suggestions to the Delhi Government:

i) The Delhi Government should immediately come out with prominently-displayed public service advertisements in all major newspapers, magazines and television channels of different languages detailing the names of hospitals where such free treatment is available as well as the number of beds available is each hospital.

ii) Such public service ads should also clearly mention the eligibility criteria for free treatment which includes the important fact which has been categorically states by the Hon’ble Supreme Court that a patient doesn’t have to furnish any documentary proof of his/her income or any other documents while availing the free treatment. And that s/he only needs to fill a declaration form starting that his/her monthly income is less that Rs. 6,422.00.

iii) Such public service ads should also clearly mention what all is available to the EWS patients under the EWS category so as to do away with the earlier misconception that they need to pay for the medicines, etc.

iv) Such public service ads should also include an easy to remember 24X7 Helpline Number (preferable a four digit one as allotted for other emergency services like CATS) where patients may call for inquiries as well as lodge complaints regarding erring hospitals.

v) Such public service ads should also state the provision regarding diversion of such patients from government hospitals.

vi) The above mentioned information should also be displayed prominently in major languages outside all the private hospital which provide free treatment as well as in all government-run hospitals.

vii) Members of the Monitoring Committee constituted by Delhi Govt. with names, addresses, telephone numbers etc. be displayed both in the private and government hospitals.

viii) The Hon’ble Delhi High Court in Orders dated 22.03.2007 in Social Jurist PIL
were pleased to pass the directions: “We direct the Director General of Health Services, Union of India, as well as Director General Health Services Govt. of NCT of Delhi to constitute a Special Cell to comply with the directions of the Court including the receipt of various informations and money as directed in this judgment. Let this be done within two weeks from today.” It is submitted that the Special Cell as contemplated in the Orders has not been constituted till date. Kindly do the needful in this regard.


With regards,


Ashok Agarwal, Advocate
Member of the Monitoring Committee and Inspection Committee
M-09811101923

violation of right to education of 329 MR children of Govt. run Home - Social Jurist writes to Delhi Chief Secretary

SOCIAL JURIST
A Civil Rights Group
04.11.2011

To
The Chief Secretary,
Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate,
New Delhi- 110002.

Sub:- Violation of Right to Education of 392 mentally retarded children of Delhi Govt. run‘ Asha Kiran Home’.

Dear Sir,
By this letter, we are seeking your immediate intervention in this matter relating to violation of Right to Education of as many as 392 mentally retarded children in the age group 5 to 18 years of Delhi Government run ‘Asha Kiran Home’, at Rohini, Delhi.

The Social Welfare Department of the Govt. of NCT of Delhi has been running a Home namely ‘Asha Kiran’ at Rohini, Delhi for mentally retarded persons. It has been providing shelter to nearly 800 mentally retarded persons which include 392 children in the age group 5 to 18 years. Most of these persons are destitutes. It is needless to say that all children including children with disabilities have fundamental and human right to education as guaranteed to them under Articles 14, 15, 21, 21-A and 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Right of Children to Free and Compulsory Education Act, 2009, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and UN Convention on the Rights of Persons with Disabilities (2008). It is also needless to say that all the children with disabilities are entitled to education in the mainstream school.

It is submitted the Asha Kiran Home have facilities for care and protection of mentally retarded children but it has no facility so far as the Right to Education of these children are concerned. Therefore, Department of Education has a role here.

That Mr. Ashok Agarwal, Advocate is a member of the Advisory Committee constituted by the Directorate of Education, Govt. of NCT of Delhi under the chairmanship of Principal Secretary (Education) in terms of the Orders of Hon’ble Delhi High Court in Social Jurist PIL relating to education of children with disabilities, He raised the issue about the Right to Education of the children staying in Delhi Government run Asha Kiran Home in the meeting dated 06.12.2010. It was decided that a team from the Department of Education would visit Asha Kiran Home to identify the children entitled to be enrolled in the mainstream school and thereafter, to take necessary steps to get them enrolled in the mainstream school.

It is submitted that in terms of the aforesaid decision, initially Mr. Ashok Agarwal along with officials from the Education Department headed by Mr. R. P. Yadav, DDE visited Asha Kiran Home and deliberated with the Home’s Administrator. Thereafter, 12 Resource Teachers from the Directorate of Education visited the Asha Kiran Home from 12.03.2011 to 26.03.2011 and again from 04.04.2011 to 07.04.2011 to assess the children staying therein for the purpose of providing them education. During the said visits, the Resource Teachers Team assessed as many as 392 children between the age group of 5 to 18 years. 32 Boys and 12 girls were found to be Educable, 83 boys and 61 girls were found to be Trainable, 77 boys and 43 girls were found to be Educable + Trainable, 45 boys and 30 girls were found to be ADL + Custodial.

It is submitted that there is a mainstream government school situated just next to the Asha Kiran Home. We understand that 44 children (32 boys + 12 girls) found in Educable category during the assessment could be immediately sent to Government run mainstream school and so far as the remaining children were concerned, the same could progressively be mainstreamed after preparing them for the same. However, the entire process of mainstreaming these children has come to halt due to unwarranted controversy between the Education Department and the Social Welfare Department. It is not only unfortunate but also tantamount to criminal negligence.

Despite the fact that the Department of Education has been making all efforts for bringing all these 392 MR children in the mainstream school the Department of Social Welfare is refusing to get these children enrolled in the mainstream school on the alleged ground that they could not take risk of sending these children to the school outside the home.

The controversy between the Department of Education and the Department of Social Welfare is leading to depriving these 392 mentally retarded children of their Right to Education. The process of mainstreaming of such children has already been delayed due to laxity on the part of the Government and any further delay would not only be undesirable but also be fatal.

In view of the above facts, you are requested to kindly intervene into this matter on most urgent basis and sort out the differences and disputes between the Department of Education and the Department of Social Welfare so to enable all these 392 mentally retarded children to attend the mainstream school at this earliest.


With regards,




ASHOK AGARWAL
Advocate
Advisor, Social Jurist
M-09811101923

Thursday, October 27, 2011

OPPOSE CHILD LABOUR AND LOVE INDIA

“My child will go to school but your child will go to work”. Who are the people who have this kind of approach? People who either do not understand the economics of the child labour or are the beneficiaries of the child labour system. Still, there are people who express sympathies for the child labour but argue poverty, the reason.

The National Advisory Council (NAC) has recommended a blanket ban on child labour. Mr. Rajinder Puri, a writer and a veteran journalist and cartoonist by his write-up in Sunday Statesman 23 October 2011 has requested the NAC to reappraise its decision to impose ban on child labour. He argued, “In the era of Charles Dickens, there was child labour in Britain. With prosperity and eradication of acute poverty it is now banned. How far has acute poverty been removed in India? Should we not seriously consider radical reform of child labour before announcing an outright ban that cannot be implemented?” With due respect to our veteran journalist, I totally differ with this approach.

Supreme Court in 1993 while interpreting Article 21 (right to life with dignity) of the Constitution of India has declared right to education a fundamental right and the State will have no defense at all against this right in relation to the children upto the age of 14 years. In December 2002, Article 21-A has been inserted in the Constitution which mandates the State to provide free and compulsory education to all the children in the age group six to fourteen years in the manner as the State may by law determine.
In terms of this constitutional provision, all children have to be in school and not at work. We should appreciate that ‘compulsory education’ and ‘child labour’ cannot go together. After the insertion of Article 21-A in the Constitution, child labour upto the age of fourteen years in all its form has become unconstitutional. The Government is duty bound to amend Child Labour Act so to put blanket ban on child labour.

Parents have no moral or legal right to force children to work for the reason of poverty. On the other hand, Article 51-A (k) of the Constitution imposes a duty on the parents or guardians to provide opportunities to their wards in the age group six to fourteen year to attend school. Ordinarily, it would not be proper to blame the parents but if some parents are deliberately indulging in such illegal activity, that can not be appreciated or encouraged.
In the entire debate on the child labour, we normally overlook one thing i.e., the State’s obligation. It is the Constitutional obligation of the State to bring all the children upto the age of fourteen years in the full time mainstream school education system and provide them good quality education. If it happens, the entire child labour will disappear. Despite poverty, the State is capable enough to bring every child in school. However, the State is totally insensitive, corrupt and dishonest and has been deliberately abdicating its obligations.

Child labour is a National Shame and nobody can justify it. Need of the hour is to compel the State by all possible means to bring all the children in the mainstream school education system and to get rid of the child labour. The right place for every child is at school and not at work. Oppose child labour and Love India.

Wednesday, October 26, 2011

JOIN RTE PIL POSTCARD CAMPAIGN

In this Campaign, the students/children will write at least three top right to education related problems through postcards to the Hon'ble Chief Justice of the respective State High Court. Each High Court of India needs to be flooded every day with thousands of such postcards. Several High Courts, in the past, have been converting such postcards in PILs and seeking answers from the State Authorities. This Campaign is bound to go a long way in realization of right to education. For more details, please write to Adv Ashok Agarwal, National President, AIPA at Email:juristashok@gmail.com M-09811101923

Monday, October 24, 2011

We Love India

Opposing Child Labour in all forms would mean We Love India. Respecting child rights would mean We Love India.

EDUCATION RIGHTS OF MENTALLY RETARDED CHILDREN

Delhi Govt insensitive towards education of Mentally Retarded Children - Delhi Govt, Department of Social Welfare run Asha Kiran Home which shelter approximately 800 mentally retarded destitute persons. Nearly half of these are children below age of 18 years. A year's back, I had raised issue in a meeting chaired by Mr. Rakesh Mohan, Delhi Education Secretary in regard to providing education to the children of the Asha Kiran Home in mainstream school in terms of their right to education. It was agreed that a team from Edu Deptt would visit the Home and identify the children for the purpose of education in Govt School adjacent to the Home. About 7-8 months back, a team headed by Mr.R.P.Yadav, DDE visited the Home. I also accompanied them. After discussion with the Home's Incharge, it was estimated that nearly 200 children could be imparted education in the Govt School. Later on, the experts in the field from Edu Department interacted with the children to get the accurate picture.

Today I have come to know that though the Education Department has so far identified over 36 children who could be admitted immediately and taught in the school but the Department of Social Welfare has refused to send these children to the next door mainstream govt school on a totally rubbish ground that they cannot take risk. There are other 150 or so children who could also be prepared in due course to join mainstream school. However, the Social Welfare Deptt which has no education facilities with them have actually made the mockery of right to education of these lesser god children by refusing to send them to next door mainstream govt school.

In these circumstances, the Social Jurist would take up the matter very soon with the Hon'ble Delhi High Court.

MISSION SCHOOL ADMISSION 2012

JOIN "MISSION SCHOOL ADMISSION 2012" GROUP ON FACEBOOK - People are welcome to lodge complaints, ask queries, give suggestions, make comments etc. in regard to the admission of child in government or private aided or unaided school (including EWS admissions in unaided recognized private schools) in nursery or any other class. The legal experts in the field of Education Law would give their reactions/guidance.

http://www.facebook.com/groups/missionadmission/

PARENTS PROTEST AGAINST FEE-HIKE IN THE GUISE OF SMART CLASS

A large number of students and parents of St Lowrence Convent School, Geeta Colony, as well as parents members of All India Parents Association today protested outside the office of the Director of Education, Govt of NCT of Delhi, Old Secretariat Building against serious psychological violence on hundreds of innocent children studying in St. Lowrence Convent School by the school authorities in the guise of ‘’Smart Class’’.

With placards in their hands, the protestors shouted slogans against the government and school authorities. The protestors led by social activist and national president of All India Parents Association, Mr Ashok Agarwal, thereafter met the Director of Education and apprised him of the blatant discrimination taking place in the school. Mr Agarwal also submitted a detailed memorandum in the matter and sought immediate action against the school in the matter.

According to Mr Agarwal, the school has increased the fees in the mid-session in the guise of Smart Class in clear violation of Section
17 of Delhi School Education Act, 1973 as the school has not obtained prior permission from DOE for increasing the fees. Moreover, when the parents objected to the illegal action of the school, the school resorted to discriminate their wards by separating their classes. Even 41 EWS students were not spared by the school as they were declined the facility of EDUCOMP as they were unable to meet the demand of the school. They were also unjustly separated by other students.

Narrating the humiliation, harassment and discrimination by the management and school authorities of St Lowrence Convent School, the children and their parents said they have been completely traumatized; and if no immediate action is taken to check it would leave a permanent scar on the innocent minds.

According to the memorandum submitted to the Director of Education, some glaring facts relating to the case are as follows:

(i) The school has implemented a new "Smart Class" program and is
charging Rs 400/- per month per student. And from 17.10.2011 onwards
school has divided (DISCRIMINATED) students as "EDUCOMP STUDENTS" and
"NON-EDUCOMP STUDENTS." Therefore, those students who have not paid
this "Smart Class" Charges are not allowed to sit with their
classmates for merely Rs. 400/. This is despite the fact that all
students have already paid their Quarterly Fee of approx. Rs. 8,500.

(ii) The school authorities have gone to the extent of dividing
(discriminating) non-educomp students’ classes in different rooms and
even teachers, sections and their classmates have been changed.

(iii) This sudden discriminatory change in the middle of the session
will not just make the children unable to concentrate in their studies
but will have a serious negative psychological impact on their
innocent minds.

(iv) As many as 500-odd students have not paid this Smart Class Charges.

(v) This Educomp charge itself is on the higher side. The school has
Educomp as their Official Partner in this project. On the website of
Educomp it is clearly mentioned that Smart Class Charges are between
Rs 100-150 per student per month.

The memorandum further stated that the aforesaid action on the part of the school
tantamount to commercialization of Education. It is all greed on the
part of the school which has resulted in exploitation of hapless
parents/students. Apart from that, the same is in clear violation of
Section 17 of Right of Children to Free and Compulsory Education Act,
2009 which prohibits physical punishment and mental harassment to
child. Moreover, the same amounts to cruelty to child and attracts
punishment under Section 23 of Juvenile Justice (Care and Protection
of Children) Act, 2000. U.S. Supreme Court in
case of Brown v. Board of Education 347 U.S. 283 (1954) where it has
been held that “separate education facilities are inherently unequal”
and thus, violate the doctrine of equality

Thursday, October 20, 2011

TRAVELLING CLAIM - MRS.KIRAN BEDI CANNOT JUSTIFY HER ACTION

Indian Courts have held in several cases that claiming reimbursement of money on a/c of travelling expenses more than what is actually spent is a very serious misconduct in service law attracting major penalty of dismissal or removal from service. What Ms. Kiran Bedi has done involves an element of moral turpitude which can not be justified by any stretch of imagination. It is totally immaterial whether the money has gone in NGO or personal account.

Wednesday, October 19, 2011

STOP SCHOOL TO DISCRIMINATE STUDENTS OR FACE DEMONSTRATION ON MONDAY

ALL INDIA PARENTS ASSOCIATION
Agarwal Bhawan, G. T. Road,
Tis Hazari, Delhi - 54

To,
Shri Diwan Chand
Director of Education,
Govt. of NCT of Delhi,
Old Secretariat, Delhi
20.10.2011

SUB: Complaint regarding serious psychological violence on hundreds of innocent children studying in St. Lowrence Convent School by the school authorities in the guise of ‘’Smart Class’’

DearSir,

This is to bring to your urgent notice the shocking case of humiliation, harassment and discrimination of hundreds of innocent children by the management and school authorities of St Lowrence Convent School, Geeta Colony Faculty Centre, Delhi-51 in the pretext of "Smart Class" which has left the children studying in that school completely traumatized; and if no immediate action is taken to check it would leave a permanent scar on the innocent minds.

Some glaring facts relating to the case are as follows:

(i) The school has implemented a new "Smart Class" program and is charging Rs 400/- per month per student. And from 17.10.2011 onwards school has divided (DISCRIMINATED) students as "EDUCOMP STUDENTS" and "NON-EDUCOMP STUDENTS." Therefore, those students who have not paid this "Smart Class" Charges are not allowed to sit with their classmates for merely Rs. 400/. This is despite the fact that all students have already paid their Quarterly Fee of approx. Rs. 8,500.

(ii) The school authorities have gone to the extent of dividing (discriminating) non-educomp students’ classes in different rooms and even teachers, sections and their classmates have been changed.

(iii) This sudden discriminatory change in the middle of the session will not just make the children unable to concentrate in their studies but will have a serious negative psychological impact on their innocent minds.

(iv) As many as 500-odd students have not paid this Smart Class Charges.

(v) This Educomp charge itself is on the higher side. The school has Educomp as their Official Partner in this project. On the website of Educomp it is clearly mentioned that Smart Class Charges are between Rs 100-150 per student per month.

It is submitted that the aforesaid action on the part of the school tantamount to commercialization of Education. It is all greed on the part of the school which has resulted in exploitation of hapless parents/students. Apart from that, the same is in clear violation of Section 17 of Right of Children to Free and Compulsory Education Act, 2009 which prohibits physical punishment and mental harassment to child. Moreover, the same amounts to cruelty to child and attracts punishment under Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000.

Your kind attention is invited to a judgment of U.S. Supreme Court in case of Brown v. Board of Education 347 U.S. 283 (1954) where it has been held that “separate education facilities are inherently unequal” and thus, violate the doctrine of equality.


If immediate action is not taken against the school by the Directorate of Education to check this discrimination it would leave a permanent scar on the innocent minds and we will be left with no option but to hold a peaceful Protest Demonstration in front of your office on Monday 24 October 2011 at 4.00 p.m. for the well-being of our children.


With regards



Ashok Agarwal, Advocate
National President, AIPA
M-09811101923
20/10/11

DELHI GOVT FAILS TO FRAME RTE RULES - HIGH COURT SUMMONS EDUCATION SECRETARY

Delhi High Court today summoned Delhi Education Principal Secretary to appear in person in the Court on 09/11/2011 to explain why the Government of Delhi has not notified the rules under Right of Children to Free and Compulsory Education Act, 2009 even after one and half year of coming into force the Act. The Court was hearing Social Jurist PIL seeking directions against the Delhi Government to make rules by notification as required under Section 38 of Right of Children to Free and Compulsory Education Act, 2009. The Government of Delhi has made a mockery of RTE Act, 2009.

IT IS ALL GREED

CASE OF HUMILIATION, HARASSMENT AND DISCRIMINATION OF HUNDREDS OF INNOCENT STUDENTS BY THE SCHOOL - All India Parents Association (AIPA) has received a complaint from the parents body of St. Lowrence Convent School, Geeta Colony, Delhi regarding serious psychological violence on hundreds of students by the school authorities in the guise of "Smart Class". AIPA is going to ask the Director of Education to immediately intervene in the matter otherwise the parents/students would stage a peaceful demonstration on Monday 24 October 2011 at 4 pm in front of his office at Old Secretariat Building, Civil Lines, Delhi-54.

Wednesday, October 12, 2011

MCD VIOLATES HUMAN RIGHTS OF ITS STUDENTS - SJ COMPLAINS TO NCPCR

SOCIAL JURIST 12/10/2011

To,
The Chairperson,
National Commission for Protection of Child Rights (NCPCR),
5th Foor, Chanderlok Building
Janpath, New Delhi-110001

SUB.: LOWERING THE DIGNITY OF THE CHILDREN – STOP BJP TO DISTRIBUTE UNIFORM & BAGS TO MCD SCHOOL STUDENTS BY THEIR LEADERS

Respected Madam,

It is brought to your notice that Hindustan Times, New Delhi dated 12 October 2011 has reported the following:-
“Revised grants for school children in MCD schools – With the election starting at its face, the BJP leaders of the MCD have decided that they will themselves distribute the uniform and bags grants that the MCD gives to its school students. The education committee has also introduced a new grant of Rs.310/- for uniforms for 48,000 children studying in its nursery schools. Earlier, only students of the primary schools were provided with Rs.500/- for their winter uniform.”

The distribution of essential items to the children in MCD schools is fine and laudable. Our serious objection is to the manner of distribution. The above reported news-item clearly spells out that the uniform and the bags would be distributed by the BJP leaders themselves in full public view. It would be used for political propaganda. In my respectful submission, such practice would not only derogatory to the dignity of the school children most of whom belong to lower strata of society but also tantamount to violation of human rights of these children. It would also violate the Delhi Government Order dated 28.02.2002 banning such practice.


It is submitted that the provisions of Articles 39 & 40 of U.N. Convention on the Rights of the child states that no degrading treatment could be meted out to children. It is submitted that the practice as adopted by the school is violative of these provisions of U.N. Convention on the Rights of the Child and hence there is immediate need to prohibit such practice. It is submitted that the Municipal Corporation of Delhi by not adhering to these provisions of U.N. Convention, committing violation of the provisions which they are bound to protect.


It is submitted that the majority of children who come to these schools are from lower strata of society and there is a need to adopt even more careful attitude towards these to instill in them the sense of pride and dignity. These children coming from poor families are deprived of many facilities, which children of rich enjoy. Hence, they suffer from sense of insecurity and if such practices are encouraged, their self-respect will be adversely affected and it would be very difficult to bring them at par with the rest of the society. Facilities of free education, food, shelter, writing material, uniform etc. to the children should be encouraged but not at the cost of their self respect and dignity. Even otherwise, the provisions of free education, food, books, bags, clothing etc. are made at the cost of national exchequer and there is no provision which allows these schools to use these facilities for their publicity benefits.

It is submitted that child receiving sweaters or books or other articles in public view is made to believe that she/he is being given such treatment solely because of their poverty and not as a matter of right. It is a clear-cut violation of human rights of students studying in State-run-schools. It is also submitted that psychological development of such a child is now being damaged. The child from the very beginning is condemned to a mere beggar; needless to say that this will cause a lot of inferiority complex in the mind of the child.

It is submitted that in the past also, it was the routine practice in Govt. /Municipal run schools that distribution of essential items to the children in government and MCD schools are mode of propaganda event by inviting some politician and/or some high government officials. That led me to raise the issue by lodging a formal complaint with the NHRC in January 2001.

It is submitted that the NHRC on 30.3.2001 after perusing my complaint directed “let the complaint be transmitted to Chief Secretary, Government of NCT of Delhi to look into the grievance and take such action as is appropriate in the circumstances.” Thereafter, the Govt. of Delhi, Directorate of Education issued an Order dated 28.2.2002 thereby banning the practice of distributing items to the students in schools in full public view and also banning inviting outside people/officers and making publicity.

It is therefore requested that appropriate steps may immediately be taken to stop the BJP leaders to get the uniform and school bags distributed by their leaders to the MCD schools students in full public view to use for political propaganda.



With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist,
M-09811101923

LOKPAL

LOKPAL 'A CONSTITUTIONAL BODY' IS A GREAT IDEA - We need to welcome Government's move to make the Lokpal a Constitutional authority which will be 'more powerful' than the Election Commission. Let us trust the Government and hold our passions for some more time. We should not forget that we are the largest democracy in the world and should not do anything to destroy or harm the same. Let us work to strength it further.

GREEDY UNAIDED PRIVATE SCHOOL

GREEDY PVT SCHOOL - It is a 3rd letter in series that Abhishek has given to me hoping that I would take suitable steps to get his problem solved. Delhi High Court on September19. 2011 had directed him to continue attending the school till further directions are given by the Court. Despite these orders. the school has been harassing him in one way or the other. By denial of bus facility, the school has again forced him to sit a home. I will move to Court by tomorrow seeking necessary directions.

Date-27/09/11
Dear Uncle,

I am fine and hope that you will be fine there.I went to school dated 26/9/11 again my class teacher did not allow me to enter the class room. My class teacher said me that you go to Virdi Mam room and give exam of subject Social Studies. My school
class teacher did not allow me school bus and said that you call your mother. I sit there apoxi. two hours All students and teachers had gone their homes by school buses. Only me and school office staff were in the school, My teacher warned me that tomorrow in the morning if you will catch the school bus I will not carry you.


Your's Lovely
Abhishek
Class: - VIII- D
School: - Guru Harkishan
Public School
India Gate New Delhi.

Sunday, October 9, 2011

LOOK AT CHILD AS CHILD

Our Constitution guarantee good quality free elementary education to every child irrespective of the fact whether the child is of the rich or of the poor. Looking from this point of view, there is nothing wrong even if a child of the rich gets free education in a private school, may be under EWS quota. We are arguing that the school education should be completely free to get the fundamental right to education of every child realized.

RIGHT TO EDUCATION - THOUSANDS OF PEOPLE PARTICIPATED IN DHARNA

ALL INDIA PARENTS ASSOCIATION
Agarwal Bhawan, G T Road, Tis Hazari, Delhi-110 054 Tel:9811101923,9717278279

PRESS RELEASE

THOUSANDS OF PEOPLE FROM ALL WALKS OF LIFE PARTICIPATE IN MASS PROTEST RALLY AND DHARNA OUTSIDE RAJGHAT ON SUNDAY MORNING

NEW DELHI, 9 October: Thousands of people from all walks of life, which included a large number of women and children, took part in a mass rally and dharna outside Rajghat to protest against the arbitrary school fee hike in private schools in Delhi and other parts of the country.

The protest rally was organised by the All India Parents Association (AIPA), the apex parents body which was formed following the arbitrary fee hike undertaken by private schools on the pretext of the Fifth Pay Commission recommendations.

Speaking at the rally, social activist and AIPA national president, Mr Ashok Agarwal stressed the need to reform the school education in the country. Mr Agarwal sought the enactment of a Central law to regulate the fees and other charges in unaided private schools all across the country as well as a resolution by all the State Assemblies in support of the same.

There was also an urgent need to remove the disparities between various government schools, he said, and all government run schools should at least be brought to the level of Kendriya Viidyalayas (Central Schools).

The other demands of the All India Parents Association include the initiation of criminal proceedings against the 25 erring private school in the Capital who are inducted by the CAG recently.

The AIPA has also written a letter to the Prime Minister, Dr Manmohan Singh recently seeking an effective central law to check arbitrary fee hike in unaided private schools as well as for upgrading all government schools to the level of central schools.

Friday, September 16, 2011

Counsel the student than to take punitive action against him – Delhi HC told school

In a case where 13 year old Mohan, a class X student of St. Gregorios School in Dwarka along with three of his classmates were handed over Transfer Certificates after four months they were indulged in “friendly banter” with a girl in their classroom, Delhi High Court initially by an interim order dated May 05, 2010 and subsequently by final order dated 17.08.2011 has allowed the student to continue his studies in the school. However, the High Court on one hand directed the father of the student to take care to see that his child does not indulge into any act of misbehavior so that the atmosphere of the school is not vitiated in any manner and on the other hand directed the school authority to counsel the child than to take any punitive action against him.

The school’s allegation against all these four students was that they told their classmate that “if she married one Shanker Raman (a South Indian boy in their class), she will be busy making dosa and idli etc. Then they changed their opinion and told her that another classmate Rakhi Sahni ( a Punjabi boy) is best suited for her and then she will have a hard life making rotis. On girl’s complaint, the school said their comments were “abusive and vulgar”.

While the other three boys quietly accepted the TC and left the school, Mohan’s father Paramjit Singh challenged the expulsion and his lawyer Ashok Agarwal told Justice Kailash Gambhir that the “school clearly over-reached by taking the extreme step and ruining his career in the name of enforcing discipline”. He said even it was assured that the student used abusive language, the school, instead of ruining his career, should have given him counseling. Mr. Aggarwal also submitted that it was also in violation of the Delhi School Education Rules, which says disciplinary measures such as fine, expulsion or rustication cannot be taken against a student below 14 years.

Finding merit in the argument, Justice Gambhir by interim orders dated May 05, 2010 stayed the expulsion and directed the school to admit Mohan into Class IX.

Sunday, September 4, 2011

FOR SCHOOL EDUCATION REFORMS - 09 Oct 2011 DHARNA AT RAJGHAT

BE READY TO PARTICIPATE IN DHARNA ON SUNDAY 09 OCTOBER 2011 AT RAJGHAT FOR REFORMS IN SCHOOL EDUCATION – aipa extended core committee has today decided to hold a peaceful Dharna on Sunday 09.10.2011 at RAJGHAT from 10 am to 6 pm demanding (i) Upgradation of all Govt Schools all over the country to the level of Central Schools, (ii) Enactment of a Central Law to Regulate Fees in Unaided Private Schools, (iii) Resolutions by all State Assemblies in favour of the Bringing Central law to Regulate Fees in Unaided Private Schools and (iv) Initiation of criminal action against the all the unaided schools having been indicted by the recent ‘CAG Report on top 25 unaided schools’.

Monday, August 15, 2011

WHAT WE MEAN BY "CORRUPTION" - A DEBATE

A DEBATE - Oxford Dictionary defines “Corruption” as Dishonest or Illegal behavior, especially of people in authority. This may be one angle to view “Corruption”. A section of people in the society may have amassed the entire wealth of the country legally leaving the majority to poverty. Is it not a “Corruption”? In my humble submission, “Corruption” needs to be seen and understood in terms of the Constitutional philosophy of ‘egalitarian society’. Article 38 of the Constitution mandates the State to strive to minimize the inequalities in income, and endeavor to eliminate in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. Therefore, the guiding factors to track and to check the menace of “Corruption” must be none other than the Constitution of India.

Sunday, August 14, 2011

CORRUPT HAS ALSO A RIGHT TO FIGHT AGAINST CORRUPTION FOR THE BENEFIT OF NEXT GENERATION

I may be corrupt and not honest but still I have a right to fight against corruption. After all, I have inherited corruption from the Corrupt System prevalent in society. How can I alone be blamed for it? Shri Anna Hazare is no exception. At least my next generation will be benefited by my fight against corruption.

Don't forget my dear that the laws are made to benefit corrupt people. How can you fight corruption in terms of these laws? Now the Government is citing laws to frustrate the peaceful and non-violent movement by Shri Anna Hazare. ‘Emergency’ was also imposed in 1976 by law and sadly, the Supreme Court upheld the same.

Thursday, August 4, 2011

THRASHED BY THE SCHOOL TEACHER, DELHI STUDENTS REACHED JAIPUR

Two male students aged 11 and 12 years of Model School, Azadpur, Delhi were beaten up by the class teacher on 03.08.2011. Fearing that they would be thrashed by the parents, they decided to go to Bihar (Home Town) but accidentally they boarded the train for Jaipur and reached Jaipur Railway Station. Around 10 pm, one Mr. Tiwari noticed these children and after listening their story, he took them with him and with the help of my friend and social activist Vijay Goel produced these students today before the CWC, Jaipur which sent them to a government children home. Around 2 pm I got a telephone call from Mr. Vijay Goel (9460387130) informing me that these students are carrying a school bag containing school name as Model School, New Delhi. I immediately come in contact with the Missing Children Cell of Delhi Police and informed them about the incident. After some time, I got a call from Head Constable Satya Prakash informing me that he has checked up the police record and so far there is no missing complaint regarding these children. He also told me that P.S. Adarsh Nagar has been asked to find out the school and collect required information about these children.

Sunday, July 31, 2011

SPEAK TRUTH AND FACE THRASHES FROM PEERS – SCHOOL EDUCATES STUDENTS

On visit to schools, finding physical conditions in poor shape and hygiene can fill one with anger. But when one sees how the children have become so conditioned to acting against their own best interests and instead are serving the interests of others – in fact they are serving the interests of the very people who are responsible for the poor state of their schools – then one becomes very depressed and despairing indeed.

The other day, on visit to MCD Primary School, Old Seelampur, Delhi on July 30, 2011, one shift had ended and another of boy students was starting. The second shift of class 5 came in. I casually asked one boy – ‘do you sweep the classroom?’ Other boys quickly crowded around the boy to whom I had asked the question. They answered “No sir, our teacher is very good, we are never made to clean the room.” All the others added words to show agreement with him. One innocent boy added – ‘when we were in Class IV we were made to clean every day – but now we don’t have to”. The poor chap had inadvertently let the cat out of the bag. I turned away to leave. Suddenly I looked back and found that all the other boys had gathered together and were beating up the boy who had given away the truth.

Is it not bad enough that the children have to put up with unhygienic toilets, holes in roofs and dirty classrooms, but why do they have to protect those who are responsible for this state of affairs – to the extent of turning against one of their own? Who has terrorized them so much? The teachers? In fact the teachers should unite with students to complain about their dirty classrooms. Why don’t they? Whose interests are the teachers serving? Are they terrorized too? Of whom? Why are they sacred to speak the truth? This subservient mentality, when will it go? We will rain blow on each other, we may even kill each other but we will fear to offend ‘the masters’. If this is the mind-set that the next generation is learning in our schools – will we ever be independent? Will things ever change?

AshokAgarwal, Advocate

01.08.2011

M-09811101923

Thursday, July 21, 2011

MOCKERY OF RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

Kumari Nahid has passed class VII from the Government Girls Inter College, Hayat Nagar, Sambal, Muradabad, U.P. while staying with her grand father. Now she has shifted to Delhi and living with her parents. Her father is a daily wager. She approached Zeenat Mahal SKV for admission in class VIII but admission denied. She went to DDE office but no one listen her. She wants to study but the shameless Delhi Government is keeping her out of school. The learned Attorney General of India is arguing before a Supreme Court Bench headed by the Chief Justice of India that the Government is committed to provide quality education to all the children in terms of RTE Act, 2009. Now, Nahid has decided to approach Delhi High Court for relief.

Saturday, July 16, 2011

HARASSED GIRL STUDENT MOVES DELHI HC ON DENIAL OF ADMISSION BY DELHI GOVT SCHOOL

GIRL STUDENT MOVES DELHI H C ON DENIAL OF ADMISSION IN CLASS XI BY DELHI GOVT SCHOOL - HEARING ON MONDAY 18.07.2011 - The petitioner who belongs to OBC category has submitted in the petition that the Delhi Government has been publicly making tall claims expressing seriousness about the education of the girls but the present case exposes the Government that they are in fact and reality rather insensitive to the education of the girls.

The petitioner also submitted in the petition that despite the fact that the Delhi Education Minister writing to the School Principal to consider the case of the petitioner for admission in Class XI, the School Principal has shown total disrespect and disregard to the directives having been given by its higher-ups. This further exposes the failure of the system in regard to the education of the children of the National Capital City of India. It is really unfortunate that a girl child has to run from pillar to post fighting for her right to education as guaranteed to her by the Constitution of India. It is needless to say that the petitioner is not the only victim of this mal-practice and anti-child education system but there are thousands of other children also in Delhi who are similarly denied admission in government schools on one or the other false pretext.

Sunday, July 10, 2011

HOSPITAL DETAINS EWS PATIENT FOR NON PAYMENT OF FULL BILL

BREAKING NEWS - Just now, I have been informed by a social worker Joginder (9891917029) that Sri Balaji Action Medical Institute, Paschim Vihar, New Delhi despite having 9 ews beds vacant, declined to provide free treatment to a very poor ews patient namely, Anand Kumar, 34 years age. The hospital has raised a bill of Rs.1,35,000/-. He was admitted on 7 July 2011 and has been discharged today. The poor patient borrowing from relatives and friends somehow deposited Rs.one lac with the hospital and he has no more money to pay. The hospital is not allowing the patient to leave the hospital without payment of full bill. In terms of Delhi High Court orders in Social Jurist PIL the Hospital ought to have treated him totally free. The Hospital should have returned Rs.one lac to the patient.

Friday, July 8, 2011

SCHOOL MANAGER SENT TO JAIL FOR FLOUTING TRIBUNAL’S ORDER

In an unprecedented order, Delhi School Tribunal presided over by Mr. N. P. Kaushik punished Dr. M. Aslam Parvaiz, Manager, Cambridge Primary School, New Friends Colony with an imprisonment for a term of four weeks and pay fine to the extent of Rs.1000/-. The Judge has also issued a warrant of attachment of the bank account of the school to the extent of Rs.20 lacs.

The Tribunal has punished the School Manager as it has found that the orders dated 11.06.2005 setting aside compulsory retirement order of Sh. Kailash Chand Jain has been flouted by the school. “There is no reasonable excuse shown by the respondent school for non-compliance of the orders in question”, the Judge noted in its order dated 04.07.2011.

In this historical order, the Tribunal has for the first time exercised its powers under Section 27 of Delhi School Education Act, 1973 which makes a Manager of recognized private school liable to imprisonment and fine for omitting or failing, without any reasonable excuse, to carry out any orders made by the tribunal.

Friday, July 1, 2011

ENGLISH SUBJECT DENIED AND SANSKRIT SUBJECT IMPOSED ON CLASS XI STUDENTS


SOCIAL JURIST

To, 01.07.2011

Shri Arvinder Singh Lovely,

Education Minister,

Govt. of NCT of Delhi,

Delhi Secretariat,

IP Estate,

New Delhi – 110002


Sub: English subject denied and Sanskrit subject imposed

Dear Sir,

It has been brought to our notice by Kumari Keshwati D/o Suresh Chander Baghel R/o B-187, Galli No. 13, PH-10, Shiv Vihar K-Nagar, Delhi-94, (Ph no: 09718621614) that she has passed Class X CBSE Examination 2010-11 while studying in Sarvodaya Kanya Vidyalaya, Gokulpur village, Delhi-94. A copy of mark sheet is enclosed hereto for your ready reference. A complaint of Kumari Keshwati addressed to the undersigned is also enclosed hereto.

Kumari Keshwati has complained that despite the fact that she has passed Class X Examination (Passed in English subject also), the school has denied her admission/promotion to Class XI in Humanities stream with English subject and compelling her to take Sanskrit instead of English. The student is very much mentally disturbed by such illegal and unjust action on the part of the school.

The case of Kumari Keshwati is not the only case in which the school has denied English subject and compelled the student to take Sanskrit subject, but almost all Government schools are doing the same thing causing great prejudice to these young students career. It is submitted that the schools by hook or by crook want to show the highest pass percentage even if it is done at the cost of the career and the life of the students. You will appreciate that Sanskrit has no utility whereas without English, it is almost impossible for a person to survive in this competitive world.

It is, therefore, requested that you may kindly look into this matter and take necessary action ensuring that the students are not unnecessarily harassed by the schools by denying them English subject in Humanities stream.


With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist
Mob no: 09811101923

Thursday, June 30, 2011

MISSION ADMISSION - RIGHT TO EDUCATION COMPLAINTS CAMPS


Social Jurist, A Civil Rights Group, All India Parents Association (AIPA) and Chetnalaya (NGO) shall organize Complaints Camps in front of all the 04 government schools in Jahangirpuri, Delhi on Saturday 02 July 2011 from 9 am to 12 noon. Lawyers, Law Students & Social Activists interested to participate in these camps are requested to please report at 9 am at Chetnalya office at C-394 & 395, Jahangirpuri, Delhi(contact person- Mr. Akbar Ali M - 9811564273)

Monday, June 27, 2011

Rajkiya Pratibha Vikas Vidyalaya (RPVV) illegally forcing 17 Class X passed students to leave the Vidyalaya


SOCIAL JURIST

28-06-2011

To,

Shri Arvindar Singh Lovely

Education Minister

Government of NCT of Delhi

Delhi Secretariat

IP Estate,

New Delhi – 110002

Sub: - Rajkiya Pratibha Vikas Vidyalaya (RPVV) illegally forcing 17 Class X passed students to leave the Vidyalaya

Dear Sir,

It has been brought to our notice that Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar – II, New Delhi has been forcing as many as 17 class X passed students to leave the Vidyalaya instead of granting them admission in class XI in Commerce stream in the same vidyalaya . It is submitted that the Vidyalaya is asking them to seek admission in any other school. Master Vinod Thapa, one of these students who has secured more than 72% marks in class X examination has given me a complaint in writing in this regard with a request to help him.

It is submitted that the said Rajkiya Pratibha Vikas Vidyalaya (RPVV), at Lajpat Nagar – II, has only 2 streams in class XI i.e. 1) Science and 2) Commerce. There is no Arts Stream available in the said RPVV. Therefore, all these students are legally entitled to admission in class XI in Commerce stream at least.

Your attention is invited to judgments of Hon’ble Supreme Court in cases of PRINCIPAL, CAMBRIDGE SCHOOL AND ANOTHER vs. PAYAL GUPTA (Ms) AND OTHERS [ (1995) 5 SCC 512 ] and PRINCIPAL, KENDRIYA VIDYALAYA AND OTHERS vs. SAURBH CHAUDHARY AND OTHERS [ (2009) 1 SCC 794].

It is submitted that the Hon’ble Supreme Court in the aforementioned decisions have prohibited the school from turning down a student because he / she fails to get the cut-off level of marks for admission in class XI.

It is submitted that the cases of above stated students of Rajkiya Pratibha Vikas Vidyalaya (RPVV) are squarely covered by the law laid down in the aforementioned judgments and they are entitled to be promoted/ admitted in class XI in commerce stream at least in the said Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar- II , New Delhi.

You are therefore requested to kindly look into the matter and to do the needful ensuring that Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar – II instead of turning down these students out of the Vidyalaya, grant them admission in class XI in Commerce stream in the academic year 2011-12.

With Regards,

Ashok Agarwal

Advocate

Advisor, Social Jurist

9811101923