Sunday, October 24, 2010

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.

Saturday, October 23, 2010

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

Thursday, October 21, 2010

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