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.