Appointment of Special Education Teachers

Appointment of Special Education Teachers in Government & MCD run schools in Delhi for education of children for disabilities – Delhi High Court on 22.12.2010 in the matter of a contempt petition filed on behalf of Social Jurist, A Civil Rights Group against Delhi Chief Secretary and MCD Chief complaining violation of Delhi High Court order dated 16.09.2009 passed in W.P. (C) No. 6771/2005, directed Delhi Government and MCD to file their compliance report before 15.02.2011, the next date of hearing in the case.

Formal schools of Delhi may admit children at the age of 3+ yrs at their own peril

Formal schools of Delhi may admit children at the age of 3+ yrs in pre-primary/nursery class in the academic year 2011-12 at their own peril as the same would be in violation of Delhi High Court Order of 26.09.2007 – Contempt petition against the Delhi Chief Secretary complaining failure on the part of the Delhi Government to implement Delhi High Court Order dated 26.09.2007 passed in PIL (W.P.(C) No. 12490 of 2006) ruling that there would be one year of pre-primary class only with minimum entry age of 4+ yrs therein for a child from the academic year 2008-2009 is pending in the Hon’ble Delhi High Court and the next date of hearing is fixed for 11.01.2011. In the meanwhile, the petitioner Social Jurist, A Civil Rights Group will be filing an additional affidavit in the Hon’ble High Court detailing a list of the formal schools which are going to admit children at the age of 3+ yrs in the pre-primary/nursery class in the forth coming academic year of 2011-2012.

NURSERY ADMISSION BLUES - AIPA WRITES TO SONIA GANDHI SEEKING INTERVENTION

ALL INDIA PARENTS ASSOCIATION

AGARWAL BHAWAN, G.T.ROAD, DELHI-110054

To,

Smt. Sonia Gandhi

Chairperson,

National Advisory Council,

Government of India,

2, Motilal Nehru Place,

New Delhi-110001

18.12.2010

Subject: Stop Delhi Govt to violate RTE Act, 2009 in the matter of nursery admission criteria for admission of fee-paying students in unaided private schools.

Respected Smt. Soniaji,

We are seeking your intervention in an urgent matter where the Delhi Government by an order of 15.12.2010 has given totally free hand to all the unaided private schools of Delhi to formulate their own nursery admissions criteria based on categorisation of the children for admission in schools in the academic year 2011-12. It is submitted that the said order of Delhi govt is contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) and would only lead to further commercialisation of education at the cost of hapless parents/students. Such categorisation of children is impermissible under RTE act 2009.

Madam, you are well aware of the fact that the fee-paying parents are already being exploited by the unaided private schools all over the country by subjecting them to arbitrary and exorbitant fee-hike every year. It is submitted that the AIPA has been demanding an enactment of a Central Law to regulate fee and other charges in unaided private schools all over the country.

We would like to bring to your notice that prior to the academic session 2006-07, there was no check at all on the unaided private schools of Delhi in the matter of admissions of children in nursery classes and the schools were unethically resorting not only to subjecting children of 3+ years age and the parents to written test and interview but also adopting totally discriminatory, non-transparent and unaccountable method of selection of children for admission. In this back drop, the issue was raised in the Hon’ble Delhi High Court in LPA No. 196/2004. The Hon’ble Delhi High Court by order dated 4.9.2006 constituted an experts committee known as ‘Ashok Ganguly Committee’ to look into the matter and make recommendations keeping in view three parameters, namely,

I) The entire process leading to admission of tiny tots should be transparent;

II) System of interview should be eliminated, &

III) Discretion of management or principal is minimised.

After the Ashok Ganguly Committee submitted its report to Hon’ble Delhi High Court, the Hon’ble Court by order dated 7.10.2006 directed schools to follow the criteria having been laid down by the Committee for admissions in the academic year 2006-07 on an experimental basis. Thereafter, the High Court by order dated 8.03.2007 asked the same committee to ‘fine tune’ the criteria in view of the experience of earlier criteria. Thereafter, the Committee submitted another report to the Hon’ble High Court thereby suggesting some changes in the earlier 100-points criteria. The Hon’ble Court asked the Delhi Govt to examine the report and take a decision thereupon. The Govt. of Delhi in its cabinet meetingof 3.9.2007 took decision on the report of the committee and placed a draft provisions before the Hon’ble Court and the Hon’ble Court in the view of the matter, disposed of the petition by order dated 19.11.2007 with right to the parties to approach and file appropriate application, if required. Thereafter, the Govt of Delhi notified the RECOGNISED SCHOOLS (ADMISSION PROCEDURE FOR PRE-PRIMARY CLASS) ORDER, 2007. In terms of the said Order of 2007, the unaided private schools were given freedom to formulate their own admission criteria based on 100-points system. It is submitted that though criteria based on the 100-points system was arbitrary, discriminatory and throughout remained a subject of controversy but the same has continued till date.

It is submitted that on coming into force of RTE Act, 2009 w.e.f. 01.04.2010, the prevailing criteria based on 100-points system is no longer valid. The RTE Act, 2009 expressly mandates random method only. Section 2(o) of the RTE Act, 2009 defines “screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method. Section 13 (1) of RTE Act, 2009 mandates that “no school or person shall, while admitting a child collect any capitation fee and subject the child or his /her parents or guardian to any screening procedure. Section 13(2) of RTE Act, 2009 prescribes punishment against school/person who contravenes the provisions of Section 13(1) RTE Act, 2009.

It is unfortunate that the Delhi Govt instead of bringing regulations falling in the line of the provisions of the RTE Act, 2009 which not only completely prohibits “Screening Procedure” but also makes it an offence punishable at law, the Govt of Delhi by order of 15.12.10 has allowed the unaided private schools to have complete freedom to formulate its own criteria based on categorisation of the children in accordance to their policy which can include sibling, transfer case, single parents and alumni. It is submitted that the policy of the schools is to make money only.

It is submitted that the afore-mentioned order of Delhi Government permitting the unaided private schools to formulate their own admission criteria based on categorisation of children is not only unjust, arbitrary, irrational, non-transparent, discriminatory but also violates the provisions of RTE Act 2009 with impunity. Instead of eliminating the arbitrariness and the discretion of the schools and protecting the interest of hapless parents/children as desired by the Hon’ble Delhi High Court, the Government of Delhi has surrendered itself totally before the private schools lobby.

It is submitted that ‘neighbourhood + draw of lots’ is the only criteria which is just, scientific, fair, transparent and non-discriminatory and stands the test of the provisions of RTE Act, 2010. Any other criteria would be unjust, arbitrary, discriminatory, unconstitutional, anti-child-rights and also contrary to the intent and the object of the RTE Act, 2009.

It is submitted that despite wide-spread public opposition to the aforesaid decision of the Delhi Government, the Govt of Delhi is proceeding further with the said decision. Needless to say that the said decision of the Delhi Government has sent a wrong message to the entire country. Delhi being a national capital is expected to act as a role model but in the present case, unfortunately, it has set a very wrong precedent which is against public interest and opposed to public policy.

There is one more aspect to be brought to your notice. A controversy regarding what should be the minimum age of a child for entering into formal school system had been a subject matter of a PIL (WP (C) No. 12490/2006, Social jurist, A Civil Rights Group vs. Union of India and others) before the Hon’ble Delhi High Court. In this case also, the Hon’ble Delhi High Court requested the Ashok Ganguly Committee to look into the matter and submit its recommendations. The said Committee placed its report before Hon’ble High Court recommending that children below 4 years of age should not be permitted to enter into formal school system and that it should be implemented from the academic year 2008-09 in all schools. Due to the intervention of Hon’ble High Court, the Government of Delhi accepted the recommendations of the Committee in entirety and made a commitment by way of an affidavit before the Hon’ble High Court to implement the same in its true letters and its spirits from 2008-2009. The afore-mentioned order of 15.12.2010 of Delhi Govt has totally over looked the said aspect of ‘entry age’ of children in school. The Hon’ble Education Minister of Delhi, Mr. Arvinder singh lovely has publically stated that entry age of children shall continue to remain as 3+ years. It is submitted that the Govt. of Delhi appears to have totally forgotten their obligation to protect the rights of the tiny tots. We have no hesitation to say that the Government of Delhi is only and solely looking after the commercial interests of the unaided Private schools and has utterly failed to protect the interest of the hapless parents and children.

It is, therefore, requested that you may please intervene in the matter and ensure that the Government of Delhi reconsiders their order of 15.12.2010 and modify the same in the light of afore-mentioned submissions.

With regards

Ashok Agarwal, Advocate

National President, AIPA

M – 09811101923

18.12.2010

NURSERY ADMISSIONS BLUES - Govt Order dt. 15.12.2010 is Devoid of Legal Sanctity

Delhi Govt order of 15.12.2010 containing nursery admissions guidelines is simply an order having no legal sanctity and therefore, having no legal consequences.The order has been issued neither under the provisions of the RTE Act, 2009 nor under the provisions of Delhi School Education Act ,1973 nor under any law for the time being inforce. Even the order does not spells out under which provisions of law , the Delhi Govt., Directorate of Education has issued the same.

Ashok Agarwal, Advocate
Advisor, Social Jurist
17.12.2010
M-09811101923

Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act

Undoubtedly, there is a need to check exploitation of litigants and clients by legal professionals including advocates and the State Bar Councils have not been able to check such exploitation. The existing law is adequate but implementation thereof is zero. The professional standards are deteriorating day by day. The working conditions available to most of the lawyers are pitiable. Many lawyers resort to short-cuts to become rich over-night. Socio-economic conditions are also responsible. The proposed law –‘Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010 is no a solution.

Draft of Protection of Women Against Sexual Harassment at Work-place Bill, 2010

Union Cabinet approval of the draft of Protection of Women Against Sexual Harassment at Work-place Bill, 2010 is little late but a great step. The proposed legislation provides a wide umbrella of justice to women who face sexual harassment at their workplace in public, private and unorganized sectors. The importance of any social legislation depends upon its effective implementation. The women labour particularly in unorganized sector is deprived of all basic human and fundamental rights.

RTE Act, 2009 discourages govt employees to send their wards to unaided schools - SJ writes to GOI to enforce S 8(a) & 9(a) of RTE Act, 2009

SOCIAL JURIST
A Civil Rights Group

To, 03.11.2010
The Secretary,
Govt. of India,
Ministry of Personnel, Public Grievances and Pensions,
Shastri Bhawan, New Delhi-110001


Sub:- Enforce Sections 8(a) and 9(a) of RTE Act, 2009 prohibiting govt. employees to claim reimbursement of school fees at elementary level

Dear Sir,

I invite your kind attention to Sections 8(a) and 9(a) of Right of Children to Free and Compulsory Education Act, 2009 (RTE, Act 2009) which are reproduced as under:-

“8. Duties of appropriate Government.- The appropriate Government shall –
(a) provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school.

9. Duties of local authority.- Every local authority shall-
(a) Provide free and compulsory elementary education to every child.
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;”

You are well aware of the fact that the RTE Act, 2009 has come into force w.e.f. 01.04.2010. My understanding of the aforementioned provisions of the RTE Act, 2009 is that the parents or guardians, as case may be, w.e.f. 01.04.2010 are not entitled to claim re-imbursement of expenditure incurred by them on elementary education of their wards studying in unaided private schools. It would obviously include parents or guardians employed with Govt., Semi-Govt., Govt. Undertakings, Universities and Govt. Autonomous Institutions, etc. and sending their wards to the unaided private schools. The objective of the aforementioned provisions appears to discourage the government employees to send their wards to unaided private schools.

It has come to my notice that the employees employed with above said institutions and organizations and sending their wards to unaided private schools have been submitting their claims to the departments for re-imbursement of expenditure incurred by them on their wards studying in such schools and such claims are being sanctioned by the departments. It is submitted that such claims of the employees are in violation of the aforementioned provisions of the RTE Act, 2009.

You are, therefore, requested to kindly examine this matter and do the needful with intimation to the undersigned.

With regards,


Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923

SJ writes to DOE to enforce RTE Act, 2009 prohibiting govt. employees to claim reimbursement of school fees

To, 02.11.2010

The Director of Education,

Govt. of NCT of Delhi,

Old Secretariat Building,

Civil Lines, Delhi-110054

Sub:- RTE Act, 2009 prohibits govt. employees to claim re-imbursement of school fees at elementary level

Dear Sir,

I invite your kind attention to Sections 8(a) and 9(a) of Right of Children to Free and Compulsory Education Act, 2009 (RTE, Act 2009) which are reproduced as under:-

“8. Duties of appropriate Government.- The appropriate Government shall –

(a) provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school.

9. Duties of local authority.- Every local authority shall-

(a) Provide free and compulsory elementary education to every child.

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;”

You are well aware of the fact that the RTE Act, 2009 has come into force w.e.f. 01.04.2010. My understanding of the aforementioned provisions of the RTE

Act, 2009 is that the parents or guardians, as case may be, w.e.f. 01.04.2010 are not entitled to claim re-imbursement of expenditure incurred by them on elementary education of their wards studying in unaided private schools. It would obviously include parents or guardians employed with you and sending their wards to the unaided private schools. The objective of the aforementioned provisions appears to discourage the government employees to send their wards to unaided private schools.

It has come to my notice that the employees employed with you and sending their wards to unaided private schools have been submitting their claims to the department for re-imbursement of expenditure incurred by them on their wards studying in such schools and such claims are being sanctioned by your department. The HOS of your schools are not aware of these provisions of law. It is submitted that such claims of the employees are in violation of the aforementioned provisions of the RTE Act, 2009.

You are, therefore, requested to kindly examine this matter and do the needful with intimation to the undersigned.

With regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-09811101923

Penalty for participating in CWG – School threatens students to deny Maths in the Commerce Stream

25 Class XI students of G. D. Salwan Public School, Rajender Nagar, New Delhi participated well in CWG and could not study for 20 days. Immediately after CWG, they were asked to take exams. All of them could not do well in Maths paper. Now the school has threatened parents that the students would not be allowed maths in Commerce Stream.

The above contemplated action on the part of the school is totally unjust, arbitrary, illegal and unconstitutional. The school has no moral or legal authority to spoil the career of the students.

NCERT Expert Committee on RTE Act, 2009

Salient features of the recommendations (03.03.2010) of the NCERT expert committee headed by lawyer-activist Ashok Agarwal on Development of a Policy Framework for Implementation of the Right of Children to Free and Compulsory Education ACT 2009 in Schools in the NCT of Delhi

1. One Unified Body: All State provided School Education (MCD, NDMC, Cantonment Board, Govt.) should be administered by one unified body-i.e. Government of NCT of Delhi and its schools managed with due regard to decentralization of responsibility; this body should also accord approval to all proposed academic changes, such as of textbooks, pattern of evaluation, medium of instruction etc. It should also be referred to for closure of any school.

2. Convert Double Shift Schools into Single Shift :All double shift schools would need to be forthwith converted to single shift schools, with the teacher pupil ratios as specified in the Schedule. The distance and accessibility norms will have to be adhered to and arrangements made to address any cases of difficulty anticipated or experienced. Supplemental instructions to children, including children with disabilities who have been (age appropriately) enrolled in classrooms will have to be carefully monitored, (and arrangements created for the same) in order to ensure that teachers are child friendly, and the teaching learning environment remains free from anxiety.

3. Only Full Time Formal Schools: All alternative modes of education such as for example ‘bus schools’ and other para formal schools would have to be replaced by full time formal schools.

4. Change Mode of Admission in Pratibha Vikas Vidyalayas: The right of all children to equal opportunities at this stage would render the ‘Pratibha Vikas Vidyalayas’ and their mode of selective admission as contrary to the spirit of the Act, at least till the end of class eight.

5.. No Extra Fee from Children with Disabilities: The rights of equitable access to private schools will also have to be strictly monitored by the Government of NCT of Delhi in order to ensure that children with disabilities are not discriminated against in their access to the school, nor are their parents asked to pay more fees because they have ‘special needs’. Sample checking and research is recommended to ensure equal opportunities in all schools for children with disabilities.

6. Inclusive Education to Children with Disabilities: As per orders dated 10.09.2009 of the Hon’ble High Court of Delhi in W.P.(C) No. 6771 of 2008 entitled Social Jurist, A Civil Rights Group vs. Govt. of NCT of Delhi, An Action Plan for education of children with disabilities was prepared. This committee recommends the implementation of the Action Plan for the implementation of the RTE. The needs of children with disabilities (Section 3) will need to be addressed through inclusive classrooms in accordance with the provisions laid down in Article 24 of the UN Convention on the Rights of the Persons with Disabilities (2008) as ratified by the Government of India.

7. Appoint RTE Protection Officers: Posts of ten ‘attendance officers’ existed in the MCD and at one time were expected to deal with admission, and truancy in relation to compulsory education. Similar posts need to be created, and renamed for the implementation of the RTE. This committee also recommends that in view of the expansion of number of schools, and enrolment, the number of officers may be increased adequately. These posts may rightly be renamed as ‘Right to Education Protection Officers’ and as part of their duties they should:

§ constantly ‘walk their beat’ especially at construction sites, garbage dumping grounds, urban villages etc. looking for children who should be in school;

§ enable out of school children to secure admission;

§ coordinate between home and school for children

§ coordinate with community groups, especially mothers

§ ensure issuance of transfer certificates

§ respond to reports of violation of child rights

§ serve to support admission and retention of children in government and private schools

§ all tasks related to service as a ‘nodal officer’ for right to education

8. Road Marshals through Volunteers of NCC/ NSS/ Scouts etc. Delhi is a city state, and despite the best of planning, children will need to cross roads in order to reach schools, and in many places this is a risky exercise. Therefore, in order to literally facilitate access to schools, this committee recommends that traffic marshals be deployed at points at which children cross roads on the way to schools. Giving right of way to school goers will not only make the right to education ‘visible’, but will also give a new Delhi/ urban specific task to the NSS/ NCC volunteers to do. Coordination between school and the traffic police personnel is also recommended to ensure safety of the school going children.

9. Incentives for children identifying out of schoolchildren: It is recommended that children be used to search for and identify children who are for some reason not in school. An incentive of about Rs. 50/- could also be given to children who identify a child who could be brought to school.

10. Prohibit Closing of Schools: Govt of NCT of Delhi to deal in future to prevent extraneous reasons from operating to close down schools, or to resist encroachment of the school land for commercial purposes. (land in urban areas such as Delhi has high property value, and schools attended by the children belonging to economically weaker sections can fall prey to such designs). If for some reason, there are no children available to attend a particular school, then the school building shall be used for other purposes related to education only, such as for a residential camp for migrant children etc.

11. Supports for completion of EE: Schools should provide after school care and protection to children, especially girls, as one of the means of ensuring their continued attendance at school.

12. Pre-school education: Pre school arrangements need to be available either in schools or near to communities. Crèches and after school care arrangements required to be made to facilitate education of girls.

13. Appointment of heads of schools and Strengthening of SCERT and DIETs in Delhi:

a. Firstly, the selection of 75% of the heads of schools through direct selection processes, and only 25% through limited departmental examination.

b. The strengthening of the State Council of Educational Research and Training (SCERT) and DIETs in Delhi which will work towards the development of a cadre of educational management professionals for management of schools provided by the state. These institutions should also be engaged in full time policy research related to management of education in Delhi

14. EWS admission and support: The obligation of all private recognized schools stands at 25 per cent and the Delhi government is advised to ensure that the problems experienced in the past do not hamper the inclusion of the children of the EWS. The recommendations of the Krishna Kumar Committee and of the Janaki Rajan Committee, 2006 may be referred to in this regard, since they are all the more relevant, and it is imperative that a climate of ‘true inclusion’ is fostered in schools. Needless to say, it is expected that wide publicity shall be given to this provision, and rules shall be framed to enable, the eligible parents to take advantage of the choice offered to them.

15. Issuance of Birth certificates: Birth certification is a right of the child, and it is recommended that it be ensured that those children who enter state provided schools without a formal birth certificate are provided a certificate through the school. The government, if necessary, may bring amendment in the Birth and Death Registration Act thereby creating an obligation on the State to provide birth certificate to the school children without subjecting them to difficult procedure. This should be made a duty of the school. It also supports the UID project of the central government.

16. SMC, School Development Plan, capacity and information needs: The RTE Act 2009 mandate an SMC for each school at the elementary stage. In Delhi, there are no elementary schools. There are primary schools, or middle schools having classes 6-8, or composite schools having both primary and upper primary classes, and secondary schools having upper primary classes. Delhi will need to work out a mechanism to ensure that the children in classes 1 to 8 have the benefit of a school management committee and a school development plan prepared by the committee. The committee noted that Delhi will need to replace its nominated Vidyalaya Vikas Committees, at least at the elementary stage, with statutory School Management Committees having wide ranging powers.

17. Teachers’ salaries & Recognition of small schools: Protection of state salaries for teachers in private schools recognised under RTE Act and consideration in exceptional cases of grant in aid for payment of salaries of teachers. Where the neighbourhood Govt / MCD / NDMC School is witnessing declining enrolment, PTR lower than 1:30; this fact should be taken into consideration before giving recognition to another (unaided private) school within one km radius.

18. Leave substitute’ Teachers: The absence of a teacher violates the right of the child to education. Therefore, in order to ensure that a class is at no time deprived of a teacher, it is recommended that about 10% extra teachers are selected and placed on a reserve panel to be tapped whenever there is need for a substitute teacher.

19. Child line as in model rules to RTE: Again, in the model rules to the RTE Act 2009, this aspect has been dealt with and it was the view of the committee that a mechanism such as recommended in the model rules be adopted for Delhi. The system should be transparent and should enable cross check by NGOs, with Delhi legal services authority, by independent lawyers & by law colleges, in addition to the other safeguards provided. It is recommended that the model rules circulated by the MHRD in this regard be adopted by Delhi.

20. Awareness creation about rights against punishment and harassment: It is recommended that the model rules circulated by the MHRD in regards to a child helpline coupled with an alert and action mechanism be adopted by Delhi. Since this right relates to a school, and every school has a unique ID code number, it is suggested that the online mechanism should be linked using this unique ID code to the page of the school – so that all the details of the school are immediately at hand, and the complaints are recorded against a page related to the school. Linkage with NGOs, lawyers, legal services authority is also recommended. Discrimination, what constitutes discrimination in this context and Complaints mechanism should be given wide publicity

21. Part-Time Instructors: It is recommended that part-time instructors for art, music, health and physical education be also provided for the children of classes I to 5 in addition to the general teachers to develop potentiality, knowledge and talent.

22. Totally Free Education: No fee in any kind or form should be charged from the students of elementary school.

23. Government of NCT of Delhi may issue notification in terms of Section 1(d) bringing ‘children with disabilities’ within the ambit of “child belonging to disadvantaged group” as defined in Section 1(d) of the Act.

24. Information about Fees charged by Schools and salaries paid to its teachers should be placed in the public domain i.e. on the Delhi Schools website and also on the ‘school report card’ of each school

25. Unified Website: There needs to be a unified website for all state and state recognised schools in Delhi with School Report Cards and reporting on child progress on measures of continuous and comprehensive evaluation supplemented with remarks of the SMC. Information dissemination about RTE to children in schools and Child line as in Model Rules.

26 Orientation and Training of School Management Committees (SMCs) needs to be taken up as an ongoing exercise. This work could be shared among Community based voluntary organisations, SCERT, DIETs, universities and colleges (as part of their ‘extension’ responsibilities)

27. Girls Safety: Establishment of Police beats (with lady police constables) at girl schools to ensure safety and security to the girl students.

28. Exemption from Stamp Duty: Government of Delhi should exempt stamp duty on the affidavit regarding date of birth of the child to be submitted to the school for the purpose of admission.

29. HOS to Attest Affidavit: Government of Delhi should authorize head of the school to attest the affidavit regarding date of birth of the child to be submitted to the school for purpose of admission.

-----------------------------

Govt. schools poor in education - Result of a politically designed conspiracy

There is no point accusing a High School Master for not sending his child to government school. The fact is that those manning the government schools are themselves convinced that government schools do not provide good quality education. The people sitting at the top (both politicians and bureaucrats) are not interested in improvement of education in government schools. It is a politically designed conspiracy. Let all government schools all over the country be upgraded to the level of Kendriya Vidyalaya (Central School). With unequal school system, we cannot expect school teacher to send his ward to the government school.

Arbitrary School Fee - Law Prohibits Fee on Capital Expenditure

Unaided school namely, St. Francis School, Indrapuram (U.P.) has asked each parent to pay Rs.10, 000/- to the school as Building Fund. Parents are protesting. Supreme Court in Modern School case has held that a school can not levy fees on a/c of capital expenditure. Moreover, such a demand amounts to ‘capitation fee’ prohibited by RTE Act, 2009. State Government must take action against the school.

A mentally ill woman wondering at large - Social Jurist writes to CP & SHO to act under Mental Health Act, 1987

To

1. The Commissioner of Police, Delhi
Police Headquarters,
I.P.Estate, New Delhi-110002

2. The S.H.O.
P.S. Roop Nagar,
Delhi-110007

23.10.2010


Sub: Request to take into protection in terms of Section 23 of the Mental Health Act, 1987 a mentally ill woman (name not known but photo attached) seen wandering at large within the limits of Roop Nagar P.S.

Dear Sir/Madam

1. I would like to draw your attention in respect of a lady aged about 43-44 years, who is mentally ill, and has been seen wandering in a bad condition on the streets of Shakti Nagar (hereinafter referred to as said Area), which falls under your jurisdiction.

2. That the said lady was located by Sh. Kamal Kumar (M-9899161614), a Social Jurist Volunteer, having his shop at 24/5,Shakti Nagar, Delhi and was seen picking rag and garbage on the streets of the said area. As per information received, the said lady is well educated, belongs to a Sikh family and was residing 3 years back in an Ashram of Shakti Nagar area with her father. That after the demise of her father, she has been found and observed to be in a mentally ill condition from past 3 years who has not only lost her state of mind, but has been living on streets and found begging and rag picking. It is unfortunate that till date no one has come for her rescue and the local residents of Shakti Nagar have no details in respect of her family and relatives. I understand that the police officials must have frequently seen her here or there in the area but no action as required under the law for the benefit of such lady has been taken.

3. It is submitted that Mr. Kamal Kumar brought the above facts to my notice this week. At my instructions, he has taken the photo of the said lady two days back (photo is enclosed). I have also talked to some shop keepers of Shakti Nagar area and all of them confirmed the above facts and requested me to take steps to see that the lady is given protection and proper medical treatment.

4. That in reference to the powers and duties conferred upon you under Section 23 of the Mental Health Act, 1987, necessary action be taken to rescue and protect the said lady and thereafter, admit her to a psychiatric hospital and be given due care and treatment as the said patient/lady is not in a condition/unable to explain the cause of her present condition.

5. That the said patient/lady be provided proper safety and correct treatment in order to ensure that she is not only protected from being subjected to any grave acts of physical, mental, verbal, emotional and economic abuse but her right to life and liberty as enshrined under the Article 21 of the Constitution of India are protected and she has been given due opportunity to lead a healthy and peaceful life.

With regards,


Ashok Aggarwal, Advocate
Advisor, Social Jurist
M-09811101923

RTE victim of Govt Apathy - Ye Suurat Badalnii Caahiye-Letter from friend Rama

The situation is much worse than this. We have done an intensive study in MP and it is clear that there is no way girls and other children from marginalized groups will ever be able to access anything beyond primary education, which is also in a deplorable condition. Rather than improving the conditions of government schools, the state is increasingly withdrawing itself from education. Most welfare schemes are cosmetic and publicity stunts. There is an acute shortage of teachers, buildings, classrooms, toilets, infrastructure etc. Add to this the pyramid like structure of school education which makes the most irrational. inhuman and unjust assumption that a large number of children MUST drop out of the system after primary education, parents having to pay substantial amounts of fee, perpetuation of patriarchy and negative stereotypes associated with girls, dalits and denotified tribes, highly insecure environment at home and school and on the way to school, very high rate of sexual harassment and child abuse...

So far disability is concerned, there is utter insensitivity in all sectors of society. University of Delhi has over 1500 seats for PwD; it ends up filling no more than 500 each year; unless our schools become disabled friendly, how will children with disability ever reach the Univ? We also need to understand that all of us are disabled in some way or the other; it is just that we have created a world in the image of some ideal 'normal' person who actually does not exist.

ye suurat badalnii caahiye

RTE victim of Govt Apathy - A letter from friend Shamsul Islam

it is terrible but a perpetual and almost universal reality in the areas inhibited by marginalized people of india. i am ashamed as an indian and a teacher. ashok agarwal and his team must be congratulated for exposing it. how to change it is a big challenge. we should join hands to undo this terrible scenario.

shamsul islam.

HUM KHO GAYE HAIN - A letter from friend Francis Chamerlain

Dear Friends,

I was very touched by your story regarding the two children. I'm very glad you interceded on their behalf. Some years ago I met Ashok Agarwal, who kindly took me to a ragpicker slum and also described his legal work on behalf of disadvantaged children. I will be arriving in Delhi in two weeks (beginning Nov. 5) for a brief visit, (in part volunteering with ASHA, an NGO founded by Dr. Kirin Martin, which focuses on health care and educational services in many Delhi slum areas. Perhaps during that time I could meet with Ashok or a Social Jurist volunteer, even if very briefly, to catch up on the work of the Social Jurists as well as inquire about your fundraising approaches (though I remember Ashok saying that, regardless of funding, he is fully committed to doing the work).

At any rate, it's very impressive that Ashok now has volunteers working with him, for I'm sure the tasks facing the Social Jurist team are limitless. Warm greetings to you all, and my wishes that you continue to find success in your endeavors to help disadvantaged people.

With best regards
Francis Chamberlain

HUM KHO GAYE HAIN - Law student shares her experience

“HUM KHO GAYE HAIN”, these two kids told me when I found them sitting near Delhi Haat, Netaji Subhash Place, New Delhi around 2.30 p.m. on Wednesday, Oct 20, 2010 and asked them, “what are you doing here”.

One of the girls, Aarti was seven years old, whose father is a laborer in a corrugated factory and the other girl, Kunti was six years old whose father is running a kabaadi shop told me that one of their friend asked them to accompany her to her parents shop near Netaji Subhash Place, and then left them. The girls did not know the way back home and told that they resided in Shakurpur I Block.

I decided to take them to the police station, so that the girls could be handed over to the safest custody. There was no point leaving the innocent kids at the mercy of god in that situation. My sister, my friend and I firstly went to the Prashant Vihar Police Station about which we knew. There we met a gentleman and two ladies and after we narrated the entire episode to them and asked them to lodge a report, they said they can not lodge a report as no duty officer is available as they all are on field duty and we should take these kids to other police station, either somewhere near the area where the kids were found or else should take them to Prashant Vihar Police Station at Deepali Chowk.

When we took the kids to Prasant Vihar Police Station at Deepali Chowk, the duty officer said why we had brought the kids there and it would be better if we take them to the Shakurpur Police Station since the kids resided there, so their parents would come searching there only. Another gentleman sitting in the Police Station gave his advice that we should not have helped the kids, as these poor kids may be fooling the people this way for the purpose of making money. What the ideology of these police officials reflected here is, probably because the kids belonged to the poor strata of the society and therefore, they are free to condemn them criminal by birth.

We were shocked to hear their response and nonplussed as to what to do next, we made the duty officer to talk to Advocate Ashok Agarwal which changed the story a bit and after which he asked us to meet the SHO. Another shock awaited us, the SHO though kind in his attitude but questioned us as to why we had brought to them rather then calling a PCR van or reporting to the police station in the Shakurpur area itself. Finally, when he asked his official to call Juvenile Officers, he was told that both of them were on leave. Thereafter, he asked S.I. Narender to take the charge of the kids and instructed him to take our statements and then take the kids and locate their house and if their home is not found, then report the matter in Shakarpur Police Station.

S.I. Narender asked us that it would be better if we too accompany him in locating the house of kids because if the house is not located, he will have to report in Shakurpur Police Station and they will not easily trust his statement and these kids will consequently become a “bla” (a big problem) for him if their house is not located. Though we did not accompany him but told him to call us, if we were really required at any stage.

In the evening when we called S.I. Narender to know the status, we were informed that both the kids have been handed over to their parents. Though it was a great relief to me but at the time I was unhappy to find police officials insensitive attitude towards the children of the poor.

Aarushi Agarwal
Social Jurist Volunteer and
Law Student, Delhi University

Late Fee Charges - School Exploiting Parents and Students

Adv Rajeshwer K. Gupta. a parent, has informed me that DAV Public School, East of Kailash, New Delhi is harassing the students and the parents by not accepting and returning cheques of fees for the Oct-Dec quarter without late fee charges at Rs.5/- per day. The school has remained closed up to 17 Oct 2010 on account of CWG. Where is a delay if the fee cheque is presented to the school on 18.10.10? Moreover, as per law, the late fee fine is only five paise per day and not Rs.5/- per day.

CONSULATION MEET FOUND MANY FLAWS IN DRAFT RAJASTHAN RTE RULES, 2010

0ct 17, 2010 - Social Jurist Team consisting of Adv Ashok Agarwal, Law Students Neha Rathi, Nisha Tomar and Aarushi Agarwal participated in a day long consultation meeting on the Draft Rajasthan Right of Children to Free and Compulsory Education Rules, 2010 organized jointly by Alwar Mewat Institute of Education and Development, Rajasthan (AMIED) and SCERT, Alwar. Number of changes in the draft rules has been suggested.

RTE VICTIM OF GOVT APATHY

On 0ct 16, 2010, Social Jurist Team consisting of Adv Ashok Agarwal, Law Students Neha Rathi, Nisha Tomar and Aarushi Agarwal alongwith Nur Mohd of NGO AMIED visited Govt Upper Primary School, Neemli and Govt Middle School, Bagore of Tijara Block of Distt Alwar (Rajasthan) and found absence of almost all basic physical and academic infrastructure therein.

Govt Middle School, Bagore, Tijara, Alwar, Rajasthan – Some features highlighted –

(i) Sonu, 8 years old disabled child (MR) though allowed to attend the school but has not been formally enrolled. There is no special teacher in the school to teach Sonu. There are over 10 other disabled students in the village who are not even attending the school.

(ii) The school has been upgraded from class VIII to class X two years ago but no teacher has yet been provided to the school.

(iii) Toilet block in bad condition.

(v) Students sitting on floor. There is not desk. The classrooms are in bad condition.

Govt Upper Primary School, Neemli, Tijara, Alwar, Rajasthan – Some features highlighted –

(i) Parents complaining shortage of teachers, students of even class VIII do not know how to write or read, shortage of class- rooms, no play ground, no portable water, toilet block in bad condition etc.

(ii) Dismal condition of the classrooms.

(iii) Class VIII student telling that no teaching at all take place in the school.

Gaps in Corporal Punishment Law

There are serious gaps in the law relating to prohibition of corporal punishment in the schools. Section 17 of RTE Act, 2009 talks of only disciplinary action without saying that such conduct should be treated as serious misconduct warranting major penalties like dismissal, removal and reduction in rank and also without laying down criminal prosecution attracting imprisonment. The provision does not lay down the mechanism to prevent corporal punishment and also to deal with post corporal punishment cases. The children below 6 years and above 14 years have not been included in the provision.

Chilean Miners Rescued - What a Pleasant News

Normally reading morning news papers with lot of bad news lead to some-what dis-comfort. But today's news papers carrying news of successful rescue operation of the miners who spent 69 agonising days deep under Chilean earth has given me immense pleasure and happiness.

A LETTER FROM DEAR FRIEND SHASHANK SHEKHAR

Respected Sir,

I am really grateful to you for putting we advocates on a completely different pedestal, a pedestal where there is a yearning for Equity, Justice and Rights for our children and above all it has got compassion and love for them. Your lecture reflects you and your priorities.

I have got an opportunity to work with you and so I can appreciate and understand it even better. A tremendous lecture in-deed.

Regards,

Shashank Shekhar Advocate & Member DCPCR

Social Jurist Offer of Technical Resource Support

To Empower NGOs, Lawyers and Communities in
USING THE LAW FOR PROTECTION OF THE RIGHT OF THE CHILD TO EDUCATION

After the notification of the Central Right of Children to Free and Compulsory Education Act, 2009, many non-government organisations, communities, lawyers, Law colleges, Departments of Education of Colleges, Universities etc want to know more about the use of courts for the justiciable right to education.

Social Jurist is a not-for-profit-organisation, which for the past 15 years has been engaged in providing free legal support to children, whose rights to and in education have been compromised.

Social Jurist would like to share its knowledge and experience with others in order to empower them to use the law for the protection of the right of the child to education. To this end, it offers to make its members and associated persons available free of charge, as resource persons for training / orientation programmes organized with objectives such as:

→ To introduce participants to the concept of supporting the right to education through the courts
→ To sensitize them to the role of lawyers (their potential and constraints) in RTE
→ To prepare them to work within the legal framework for the right to education

Typically, such programmes could be of two days duration, preferably on Weekends, or for longer duration on other days when courts are not in session. Alternate Formats with inputs devoted to understanding the RTE Act, and concerns and issues related to the RTE could also be envisaged.

NGOs, communities, lawyers, Law colleges, Departments of Education of Colleges, Universities etc who wish to seek such resource support to their programmes may contact:

socialjurist@bol.net.in; or 09811101923 (Ashok Agarwal)

ALL PARENTS ARE EXPLOITED LOT

The existing exclusive nature of education system in both private & state-funded schools has divided the parents in different classes, each class of parents having its own set of problems towards education of their wards. One thing is common, i.e. all are exploited lot.

Ashok Agarwal

PIL Postcard Campaign - Appeal to the School Students

Dear Students,

Even after 62 years of independence, right to good quality school education has remained elusive. Centre and the State Governments are totally insensitive. Civil society and parents have also not done much to improve the standard of education in State-run schools. You are the sufferers. You have to take upon yourselves this fight for the realization of your rights. That is the only way left. Once you start, I hope, the Civil Society and the parents would join you. Every day, after attending school, pick up a postcard and write to the Chief Justice of your State about the shortcomings you have come across in your school. Don’t stop writing unless you are able to find substantive improvements in the standard of education in your school. Please spread this message amongst other schools students. I strongly believe in your strength and wisdom and I am sure of your victory. For any help or information, don’t hesitate to contact me at Mob-09811101923.

Yours,
Ashok Agarwal, Advocate
483, Block II, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Off: 011-23384000

GREEDY SCHOOL REMOVES CLASS VIII STUDENT

Dayanand Public School, Model Town, New Delhi-9 (India), an unaided pvt school functioning on public land allotted to it on a throwaway price with condition to provide admission to the students belonging to Economically Weaker Sections (EWS) to the extent of 25% and grant them freeship has arbitrarily removed class VIII student Master Pradeep Kumar from school from 29.09.2010 because his poor parents were unable to deposit school fees.

NURSERY ADMISSION BLUES

Some parents go to the extent of giving their child to a near relative in adoption (on papers only) with a view that the child gets maximum points for purpose of admission in an elite private school in Delhi.

Gopalpur Beach (Orissa) Photos by Ashok Agarwal on Oct 03, 2010

Child Labour in Legislators' Colony - Mockery of RIght to Education

On Oct 04, 2010 while I was in Bhubneshwar City of Orissa, I was delighted to see the hoardings with message 'DON'T ENCOURAGE CHILD LABOUR' on road side and also on road divider between the VIDHAN SABHA and the MLAs flats. However, I was disturbed to find a child working in a tea shop just a hundred meters away in the MLAs flats Colony from such hoardings. This child has never attended the school.

Ashok Agarwal