MAKE RIGHT TO PUBLIC HEALTH A FUNDAMENTAL RIGHT AND ENACT A NATIONAL LEGISLATION ON RIGHT TO PUBLIC HEALTH - SOCIAL JURIST WRITES TO HEALTH MINISTER HARSH VARDHAN

To

Shri Harsh Vardhan
Hon’ble Minister of Health and Family Welfare
Government of India
Nirman Bhawan, C-wing
New Delhi-110001
31.05.2014

Subject: Request for making Right to Public Health a Fundamental Right and enacting a National Legislation on Right to Public Health

Dear Harsh Vardhan Ji

I extend my warm and heartiest congratulations to you on assuming the office of the Health Minister of India. The people of this country have very high expectations from you that your tenure shall bring positive changes to their lives. I personally hope and believe that your efforts shall be directed towards the betterment of the poorest of the poor.

The deplorable state of public health system in our country is no secret. For the people belonging to the poor strata of our society and to a great extent even the middle class, who are solely dependent upon the public health system, the system offers nothing substantial. The private health-care system, in view of its hefty cost, is not for the masses. Yet, the scarcity of services in the public health system forces people to go to private hospitals, and a large number of people are forced to take loans or to sell off or mortgage their permanent assets in the course of treatment and still fail to pay the hospital-dues. Nearly 25% of these people get relegated below the poverty line. There is thus no alternative to an efficient public health system for the masses of our country.

Presently, there are no laws on Right to Public Health, neither in the states, nor at the Centre. The state of public health is generally poor though there are state-wise variations. These variations compel people from the hinter-lands, and even from states far away, to come to the Metropolitans such as Delhi leading to further over-crowding of the already inadequate public health set-ups in the Metropolitans. Critically ill patients in urgent need of treatment are often given dates after dates running into several months and even years due to inadequate capacity of the system.

Right to public health is a natural concomitant to the Right to Life, as guaranteed to all persons under Article 21 of our Constitution. However, unless and until clear-cut and specific provisions chalking out the details of this right are drawn, the people would continue to be at the mercy of the system. It is therefore imperative and high time now that concrete steps are taken to make this right into an independent Fundamental and statutory Right on the lines of the Right to Education.

In order to do so, firstly, the Part III of Constitution of India should be amended and Right to Public health should be incorporated as a Fundamental Right. Secondly, keeping in view the significance of this subject, public health, presently a state-subject in List-II, should be transferred to List-III, i.e. the Concurrent List. Thirdly, a national legislation should be enacted on Right to Public Health on the lines of the Right of Children to Free and Compulsory Education Act, 2009.
You are requested to kindly take the above steps to achieve this goal of public health for all, as early as possible, in order to ameliorate the conditions of the masses of this country and to make their lives meaningful and dignified.

With warm regards

Ashok Agarwal Advocate
Advisor, Social Jurist
M: 9811101923

HIGH COURT NOTICE TO AIIMS, GOVT. OF INDIA & GNCTD ON 4-YEAR OLD AFGHAN REFUGEE PATIENT OF APLASTIC ANEMIA

4 year old Kulraj Singh, perhaps the youngest petitioner of the day, is busy playing around with everything he can try his hands on, in the posh corridors of the Delhi High Court, on the last working day before vacations. He does not understand his case much well, except for that it has something to do with his parents worrying day and night over his health.

Kulraj is suffering from Aplastic Anemia, a life-threatening disorder and is in dire and immediate need of bone-marrow transplant to save his life, which would cost around ten lac rupees, as per the estimate given by AIIMS. As per the last examination, his platelets have come down to 2,000 and are dwindling, against a minimum normal of 1,50,000. His parents had approached Advocate Ashok Agarwal who has filed a writ-petition in the Delhi High Court, listed for the first time on 30.05.2014.

Advocate Ashok Agarwal, appearing for the petitioner has argued before the Court that since the Petitioner’s parents are not in a position to afford the cost of the treatment, the AIIMS, Govt. of India and GNCTD, jointly as well as severally have a Constitutional obligation under Art.21 of the Constitution to bear the entire cost of the treatment of the patient, in order to save his life.

The Court headed by Justice Manmohan has issued notices to AIIMS, Delhi Government and Government of India in the matter for 24.07.2014. However, his parents worry that his health is deteriorating. The doctors have warned that he is not responding well to the current treatment. The boy has lesions appearing all over his body, particularly in the mouth and he has stopped eating for the last two days. His 11 year-old brother is also emotionally disturbed over his health and he has stopped eating as well.

Kulraj’s father, Sujan Singh, is a Sikh refugee from Afghanistan. His family had come to India in 1992 and settled here. He works as a salesman and earns around Rs. 8,000 a month. Unable to afford the hefty treatment cost of his son Kulraj, the Court is the last resort for him.

DELAY IN TREATMENT IN DELHI GOVT HOSPITAL IS DENIAL OF TREATMENT - SOCIAL JURIST WRITES TO DELHI PS (H)

To
Mr. S.C.L. Das
Principal Secretary (Health)
Government of NCT of Delhi
I.P. Estate, New Delhi-2

29.05.2014

Subject: Inordinate delay in operation of patient Ms. Birjesh in Lok Nayak Hospital

Dear Mr. Das

Ms. Birjesh, W/o Mr. Kumar Pal, aged 36 years r/o B-85, Joshi Colony, I.P. Extension, Delhi-92, (OPD Regn. No.OBB244201, M: 9958223824) is a patient of Lok Nayak Hospital, New Delhi-2. She has been diagnosed of reducible incisional hernia and omentocele on 24.02.2014 and has been advised mesh-hernioplasty. However, ever since, she has been assigned date after date on the pretext of unavailability of the Operation-theatre and has not yet been operated upon despite the passage of more than 3 months. Now the next date given to her is 05.08.2014.

She was first assigned the date of 07.03.2014, followed by 17.04.2014/18.04.2014, thereafter of 23.05.2014 and now she has been assigned the date of 05.08.2014, which is straight-away three months ahead. It is submitted that the patient is under continuous pain and discomfort due to her medical condition and delay in treatment. (Copy of OPD-card enclosed)

It is submitted that logically, once a patient has been assigned a date and the OT is found unavailable on that date, he/she should be kept on the priority-list and should be accommodated on the next date or at the earliest possible date. It is submitted that the practice of blind post-postponement to another date, that too while there is no certainty of availability of the OT even on the next date is bound to lead to inordinate and infinite delays and is not in the interest of the patients. In other words, it is tantamount to denial of treatment.

You are therefore requested to intervene in this matter so that the patient gets treatment on urgent basis by Lok Nayak Hospital.

Yours sincerely

Ashok Agarwal, Advocate
Advisor, Social Jurist
Member, EWS-monitoring Committee 

शिक्षा सम्बंधित समस्याओ को लेकर रामपुर, यूपी से आई छात्राए

फातिमा 12वी कक्षा में राजकीय खुर्शीद कन्या इन्टर कॉलेज, रामपुर में पढती है और नगमा 9वी कक्षा मे राजकीय जुल्लिफ्कार बालिका इन्टर कॉलेज, रामपुर मे पढती है l नगमा और फातिमा आज सुबह विशेषकर रामपुर से दिल्ली शिक्षा सम्बंधित समस्याओ को लेकर अधिवक्ता अशोक अग्रवाल से मिलने आये l उनकी समस्या है स्कूल में पढाई ना होना, अध्यापको का ना आना इत्यादि l नगमा और फातिमा पढना चाहते है और नर्स बनना चाहते है पर सुविधायो की कमी है, अधिवक्ता अशोक अग्रवाल ने इन्हें विश्वास दिलाया की हम आप के लिए ज़रूर कुछ करेंगे l

नगमा और फातिमा के साथ कुछ और लोग भी रामपुर से आये, जिनकी स्वास्थ सम्बंधित समस्या थी, उन्हें EWS के तहत फ्री इलाज़ के लिए अस्पताल भेज दिया गया 

Amend the Constitution of India to bring Minority Schools within the ambit of RTE Act, 2009 - AIPA writes to PM Narendra Modi

To
Hon’ble Shri Narendra Modi
The Prime Minister
Govt. of India
South Block, Raisina Hill
New Delhi-110011
May 27, 2014

Subject: Request for Amendment of the Constitution of India to bring Minority Schools within the ambit of RTE Act, 2009

Respected Sir

We extend heartiest congratulations to you on assuming the prestigious office of the Prime Minister of India. As a collective of parents, we wield high hopes in you that you will shoulder the responsibility of shaping the future of this country by securing the children their educational rights in the most befitting manner. On this occasion, we wish to draw your attention towards an important issue concerning the right to education of students studying in minority schools across the country.
The Hon’ble Supreme Court in its Judgment dated 12.04.2012 had held that Article 21-A of the Constitution of India does not apply to unaided minority schools and therefore, the provisions of Right of Children to Free and Compulsory Education Act, 2009 (The RTE Act, 2009) do not apply to Unaided Minority Schools. Thereafter, the Hon’ble Supreme Court in its latter judgment dated 06.05.2014 by a larger Bench has held that the Act is not applicable even to aided minority schools. However, the Hon’ble Supreme Court had pointed out in its former judgment that all minority schools can be brought within the purview of Article 21-A if an amendment is made in the Constitution of India to include the minority schools within the purview of Article 21-A of the Constitution of India.

It is submitted that keeping minority schools out of the purview of Article 21-A of the Constitution of India has not only resulted in discrimination amongst the children but has also resulted in depriving the children attending such private schools of various valuable rights as incorporated in the RTE Act, 2009.

It has been noticed that after the aforesaid Judgment of the Hon’ble Supreme Court, many non-minority private schools are converting themselves into minority schools to avoid the obligation of admitting 25% children belonging to disadvantaged group/EWS and to grant them free ship. In this manner, more and more schools are shutting their doors to the EWS and disadvantaged category of children and becoming exclusive schools.

Another facet of this exclusion of the minority schools from the ambit of the RTE Act is that various progressive provisions such as ban on corporal punishment, prohibition on screening and capitation fee, prohibition on holding back and expulsion till completion of elementary education and the norms and standards given in the Schedule to the Act have become inapplicable to these schools, exposing the students studying therein to the arbitrariness of the school-authorities. These provisions satisfy the test of reasonableness and do not in any manner dilute the minority character of these institutions. Therefore, these provisions should be made applicable to the minority schools.

It is therefore, necessary that the Constitution of India be amended to include aided and unaided minority schools within the purview of Article 21-A of the Constitution of India so that the provisions of RTE Act, 2009 become applicable to aided and unaided minority schools.

In the premise afore-said, you are requested to take steps to bring an Amendment Bill in the Parliament to remove the Constitutional barrier upon applicability of the RTE Act, 2009 to aided and unaided minority schools in order to end the existing regime of unjustified immunity from the RTE Act, 2009being enjoyed by these schools.

With regards


Ashok Agarwal
National President
All India Parents Association
M:9811101923

20 दिन के बच्चे को हे दिल की बीमारी

आनंदी, जिसको जन्म हुए मात्र 20 दिन ही हुए है, और आनंदी जन्म से ही दिल की बीमारी से ग्रसित हैl उसके दिल में छेद है, आनंदी के पिता राजित राम फैक्ट्री में मजदूरी करते है और फिलहाल बादली, दिल्ली की झुग्गियो में रहते है l पर वो स्थाई रूप से अम्बेडकर नगर, यूपी के रहने वाले है l उन्हें कही से जानकारी मिली तो वो आज अधिवक्ता अशोक अग्रवाल के पास उनके ऑफिस पहुँचेl अधिवक्ता अशोक अग्रवाल ने उन्हें EWS के तहत फ्री इलाज़ के लिए फोर्टिस एक्स्कोर्ट्स हार्ट इंस्टिट्यूट भेजा l

Issue Guidelines prohibiting holding back of students by aided and unaided minority schools till completion of elementary education - Social Jurist writes to LG

Government School denies admission to 14 year old Himanshu Dobriyal - Social Jurist writes to DoE

 To

The Director of Education

Old Secretariat Building

Civil Lines

New Delhi-110054

20.05.2014

Sub: Government School denies admission to 14 year old Himanshu Dobriyal

Dear Madam,

It is brought to your notice that Master Himanshu Dobriyal (DOB- 06.09.1999) s/o Govind Singh Dobriyal r/o 25-B, Pocket – C 1, Mayur Vihar Phase III, New Delhi-110096 (M: 9560766074), has passed Class VIII in the year 2012-13 from an unaided private recognized school, namely, Anglo Indian Public School, Gharoli, Mayur Vihar Phase III, New Delhi-110096. As it was no longer possible for Master Himanshu’s parents to afford the school fee, they withdrew Himanshu from the school and also obtained the School Leaving Certificate (SLC) dated 25.03.2013, duly countersigned by Department of Education, Government of NCT of Delhi.

It is submitted that in the year 2013-14, Master Himanshu could not approach any Government school for admission as he suddenly fell ill and remained sick for a couple of months. It is also submitted that now Himanshu has fully recovered and is seeking admission in Class IX in Govt. Boys Senior Secondary School, New Kondli, New Delhi-96. It is imperative to note here that Himanshu and his mother approached the aforementioned school several times, but unfortunately, each time, they were denied admission on one pretext or another.

I see no justification on the part of the school to deny admission to Master Himanshu in Class IX for the academic year 2014-15, based on a valid School Leaving Certificate, duly countersigned by Department of Education, Govt. of NCT of Delhi. Therefore, the action of the said school is entirely arbitrary, discriminatory and illegal and in violation of Fundamental Rights guaranteed to Master Himanshu under Articles 14 and 21 of the Constitution of India read with provisions of Delhi School Education Act, 1973. Himanshu’s mother Meena Devi approached me and has requested me in writing to provide help to Himanshu. (Original letter along with copies of School Leaving Certificate, previous Academic records, birth certificate and Aadhar card enclosed hereto).

It is, therefore, requested to please intervene in this matter on urgent basis, ensuring admission of Master Himanshu in Class IX in Govt. Boys Senior Secondary School, New Kondli, New Delhi-96 or in any other Government school in close vicinity of his residence.

Thanking you,

Yours truly,

Ashok Agarwal, Advocate

Advisor, Social Jurist   

M: 9811101923

AIPA slaps notice on Tinu Public School to refund development fee of over Rs. 46 lacs to the parent with interest

Delhi Govt Schools deny admission to students - Social Jurist writes to DoE

Wait and Watch whether Modi Government would really work for AAm Aadmi or would just pass its 5 years as all earlier governments were doing.

This Parliamentary Elections have surely revealed one thing ; The least the Common People want "Peace & Justice". The political parties in general have always expoited the sentiments and the conditions of the Common People for their own silly interests.

These would be the litmus tests for judging the performance of the New government:

(1) Whether poor workers would get statutory minimum wages from their employers?
(2) Whether unemployed youth would get employment?
(3) Whether children would get free, quality and non-discriminatory education?
(4) Whether people would get free and quality health care in public health system?

SDMC School expels two class IV students in violation of RTE Act - AIPA writes to Commissioner, SDMC

Unaided School asks class IX EWS student to pay school fee or leave the school - Social Jurist writes to the School

12-5-2014 - Child in sleeping mode - Photo by Adv Ashok Agarwal

Lawyer sends notice to unaided school as the school exploits poor teacher