Tuesday, June 7, 2011

Violation of Child Rights – Complaint against Summer Field School, Kailash Colony

SOCIAL JURIST

To

The Chairperson,

Delhi Commission for Protection of Child Rights

5th Floor, ISBT Building,

Kashmeri Gate, Delhi-11006

06-06-2011

Sub: Violation of Child Rights – Complaint against Summer Field School, Kailash Colony

Dear Sir,

Shri Rashid Ahmad Khan, parent of Master Ayaan Ahmad Khan has brought to our notice that Master Ayaan Ahmad Khan, a student of class XII B in Summer Field School, Kailash Colony, New Delhi had been critically injured on 30 March 2011 during school hours on account of the school’s negligence. It is stated that on 30 March 2011 around 11:35 am during lunch break the students were in playful mood, they were pushing the door of class from both ends. Master Ayaan was trying to go inside the class from outside. As he pushed the door, his hand met with the glass on the upper part of the door and was broken by a slight force only as it was already loose, after this he could not control his hand from falling on his wrist on the remaining broken pieces of glass still struck on the door ,he had hurt his right wrist with one major and one slightly small cut. He was taken to Sehgal nursing home by the school clinic incharge as she saw him badly injured. Ayaan had to undergo a surgery on his right wrist for almost two hours and was plastered for 21 days. Even after getting his stitches cut and wound healed he had to take a physiotherapy for about three months and his hand may take six months to heal from inside properly.

It is submitted that all the treatment that Ayan received in the nursing home was billed to Rs. 36 thousands and for the medicines and the consultation to doctor and bandage which is approximately Rs 3000/- per week is continuing. Apart from this the mental trauma caused to the whole family and physical pain that Ayaan is suffering can not be compensated by any means. However, the school must bear the cost of treatment for Ayaan by the nursing home as it would at least convey a message that that the quality of glass used on the class door was very poor, hence, this unfortunate accident and the same is the case with all the glasses used in school.

It is also submitted that that parents think school as the safest place for their kids after homes and if the building of school is so unsafely made how will the parents get confidence in school. The same can happen again to some other student if corrective steps are not taken as it seems that the glass used does not meet the safety standard. It is submitted that the safety and security of the student in the school during school hours is of paramount importance and the breach of the same tantamount to violation of right to education.

It is submitted that the kids cannot be barred from playing and school is a place where they will most definitely play with friends. So we can not find fault with the kids for playing in the school. As it is Summer Fields now has no space left for the students to play like before. It is needless to say that right to play is one of the most important rights of the kids which cannot be ignored by any school.

The parent has written a letter to the school as back as on 12.04.2011 followed by a reminder but the school has not bothered to even respond to these letters. It is, therefore, requested that necessary action may be taken against the school to ensure safe and sound environment to the students.

With regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist,

M-09811101923

Saturday, June 4, 2011

DELHI POLICE BRUTAL MID-NIGHT ATTACK ON INNOCENT PEOPLE - LAWYERS WRITES TO DELHI HIGH COURT CHIEF JUSTICE

BRUTAL MID-NIGHT ATTACK BY DELHI POLICE ON INNOCENT PEOPLE- LAWYER WRITES TO DELHI HIGH COURT CHIEF JUSTICE DEMANDING JUDICIAL INQUIRY

To

Hon’ble the Chief Justice,

Delhi High Court, New Delhi-110003

05.06.2011


Sub: Inhuman, unjust and most undemocratic brutal mid-night attack by Delhi Police on thousands of innocent people – Request to take action against Delhi Police


Respected Sir,


Though I am not a Baba Ramdev's supporter but at the same time, I am shocked to see the inhuman, unjust and most undemocratic brutal mid-night attack by Delhi Police on thousands of innocent people.


All television channels are showing the pictures that Delhi Police in large number entered into Ramlila Ground at about 1.30 am on Sunday 05.06.2011 and started forcibly removing the agitators therefrom in which large number of people sustained injuries. Even women were not spared. The police used stones, sticks and tear-gas shells. Several people (number not known) were detained by the police and their whereabouts are not known. Several people were pushed into police vehicles and it is not known where these people were taken.


Delhi Police Chief says that the permission was only to the extent of 5000 people but the gathering gone on to 40-50000 people which violated the condition of the permission. The points here are: Why the police did not intervene when numbers of people were exceeding 5000? Why the police chose only mid-night to come into action to remove the people?


It is submitted that such a mid-night brutal attack by the Delhi Police on thousands of people who had gathered from different parts of the country at Ramlila Ground is totally illegal, unjust, arbitrary, most undemocratic, repeat of emergency excesses, unconstitutional and violative of human rights.


It is, therefore, requested that the present letter may kindly be treated as PIL and appropriate directions including directions for initiating judicial enquiry by a retired High Court Judge may kindly be issued.


With regards,


Ashok Agarwal, Advocate

Advisor, Social Jurist

483, Lawyers Chambers Block II,

Delhi High Court, New Delhi-110003

M-09811101923

Wednesday, May 4, 2011

RIGHT TO SAFETY OF THE GIRL STUDENTS

Holding Delhi Government school responsible for not taking timely care of a Class XI girl student who suffered an eye vision loss as she was hit by a stone while she was taking water in the school on March 01, 2011, a Division Bench headed by the Delhi High Court Chief Justice today directed Delhi Government to pay to the victim student Rs. 3 lacs as compensation besides bearing the expenses of entire medical treatment of the student. Advocate Ashok Agarwal appearing for the victim student argued that it was a clear case of violation of fundamental right guaranteed under Article 21 of the Constitution of India and therefore, she was entitled to an adequate amount of compensation. The High Court has also directed Delhi Government to post two lady guards at each girl school run by it to ensure that no untoward incident happens with any girl student during ingress, egress and school hours.

Sunday, May 1, 2011

PARENTS ON WAR PATH AGAINST CORRUPTION IN EDUCATION

April 30, 2011 Over 500 Parents students protest against fee hike

END CORRUPTION IN EDUCATION - AIPA PRESIDENT WRITES TO PRIME MINISTER OF INDIA

ALL INDIA PARENTS ASSOCIATION (AIPA)

AGARWAL BHAWAN, G.T. ROAD,

TIS HAZARI, DELHI-110054

30.04.2011

To,

Hon’ble Dr. Manmohan Singh,

Prime Minister of India,

New Delhi.

Sub: Enact Central Law to Regulate Fees in Unaided Private Schools and Upgrade all Government Schools all over the country to the level of Kendriya Vidyalayas (Central Schools)

Respected Sir,

The parents all over the country have been raising their voices for the past 15 years against inaction on the part of the Central and State Governments to check the menace of commercialization of education in unaided private schools. It is unfortunate that the governments have utterly failed to check arbitrary fee hike by the private schools despite directives by the Hon’ble Supreme Court in Modern School case. Though the parents are now better aware of their rights qua unaided private schools but the schools are adamant to continue to exploit the hapless parents and students by subjecting them to pay unjustified, exorbitant and arbitrary fee and other charges. The State of Tamil Nadu has enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. It appears that the Tamil Nadu Act is addressing the parents’ concerns to a large extent. However, the application of the said Act is limited to the State of Tamil Nadu. In other States, there are practically no laws to deal with the school fee hike problems. AIPA demands a comprehensive Central Law Regulating Fees in Unaided Private Schools which should include a provision of minimum 50% representation of parents on the School Management Committee. Needless to say that Right of Children to Free and Compulsory Education Act, 2009 provides 75% representation of parents in the School Management Committee in the Government and Government Aided Schools.

Another aspect of the matter is that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are still out of school and are engaged in one or the other form of labour though their rightful place is in school. Those children who are in the government school system are receiving very poor quality of education. Fee-charging private schools are flourishing at the cost of government schools. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country. It is unfortunate as well as unconstitutional that discriminatory system of schooling exists within the Pubic School Education System. How long the rulers of this country would continue to deny the basic right to education to our children? AIPA demands that all government schools all over the country must be upgraded to the level of Kendriya Vidyalayas (Central Schools).

In the aforesaid backdrop, the All India Parents Association (AIPA) is staging today a peaceful protest against arbitrary fee hike in private schools and apathy of governments towards state run schools at Jantar Mantar, New Delhi to draw your kind attention to the plight of the hapless parents and the students. Similar coordinated protests by the parents are also taking place today in many States & Districts all over India demanding (i) Enactment of a Central Law to Regulate Fees in Unaided Private Schools and (ii) Upgrade all Government Schools all over the country to the level of Kendriya Vidyalayas (Central Schools).

Sir, we have great hopes in you. We, therefore, request you to kindly intervene in the matter for the realization of the above demands.

On behalf of AIPA & all other participating organizations and individuals:

Ashok Agarwal, Advocate

National President, AIPA

M-09811101923

E-mail: juristashok@gmail.com

Monday, April 18, 2011

30 APRIL 2011 - ALL INDIA PROTEST AGAINST ARBITRARY FEE HIKE IN PRIVATE SCHOOLS

ALL INDIA PARENTS ASSOCIATION (AIPA) CALLS UPON ALL THE PARENTS TO ORGANISE ALL INDIA PROTEST AGAINST ARBITRARY FEE HIKE IN PRIVATE SCHOOLS AND APATHY OF GOVERNMENTS TOWARDS STATE RUN SCHOOLS ON 30 APRIL 2011 FROM 10 AM TO 1 PM - Parents in many States & Districts all over India will stage coordinated Protests on 30 April 2011 against exploitation by Private Unaided Schools & apathy of Governments towards State run Schools. Parents in Delhi will stage a peaceful protest rally at Jantar Mantar from 10 am to 1 pm. PARENTS DEMAND (i) ENACTMENT OF A CENTRAL LAW TO REGULATE FEES IN UNAIDED PRIVATE SCHOOLS AND (ii) UPGRADE ALL GOVENMENT SCHOOLS ALL OVER THE COUNTRY TO THE LEVEL OF KENDRIYA VIDYALAYAS (CENTRAL SCHOOLS). Contact AIPA National President Advocate Ashok Agarwal at M-09811101923 or/and at Email juristashok@gmail.com

Tuesday, April 12, 2011

“Alwar: Feeling the Pulse of the Right to Education Act at the Grassroots" A Report by Nisha Tomar


On the occasion of completion of one year of the RTE Act implementation, activist lawyer Mr. Ashok Agarwal, along with two students of Faculty of Law, Nisha (myself) and Neenu Suresh, went to Alwar to analyse the ground realities. We visited four villages in Kishangarh tehsil, Distt.Alwar, and what we got to see was a mixed picture of the sensitization and excitement among people on one hand and the apathy of the govt. on the other.

Alwar-Mewat Institute of Education and Development, an NGO based in Alwar has been doing a commendable job for improving the educational scene in the Mewat region. Empowered by the provisions of the RTE Act and under the guidance and motivation of AMIED, the people’s participation and interest in elementary education in Mewat is at an exemplary level and deserves to be seen as a model for the rest of the country. On August 15, 2010, School Management Committee elections were held in the region under the RTE Act. Rajasthan is the first state wherein the elections of functional SMCs under RTE Act have taken place and we were told that the people showed tremendous enthusiasm in the process.

Under the RTE Act, hundreds of schools in the state have been upgraded to the secondary level, but the appointment of teachers has not taken place as mandated under the act. There is paucity of subject-teachers, as well as the teacher-pupil ratio remains extremely skewed, particularly in the Mewat region of Rajasthan. The system is also suffering from lack of infrastructure, as the school-buildings are not as per the norms and many schools are short of land for expanding the building, constructing more classrooms and having play-grounds. The requisite furniture mandated under the Schedule of RTE Act is also not available in the schools. It is these deficiencies against which the villagers are struggling and since their enthusiasm is nascent and fragile and many of them are new to fighting for a cause, it is important that the govt. breaks its apathy so that their enthusiasm does not get nipped in the bud. For there is a great danger of the people getting frustrated and if so happens, it would be tough to resurrect a fresh movement for education. Every collective endeavour of the local masses in this direction, made after sidelining personal mutual differences, deserves constant encouragement and redressal.

In the first village that we visited, the school runs in a small building with just two classrooms, with 2 teachers, despite having an enrolment of over 300 children and having been upgraded to the secondary level. The school office doubles up at the kitchen for mid-day meals. There is a hand-pump attached to the school, but it does not draw any water. The SMC has been struggling to get the title of a vacant land in the village changed so that the school can be shifted and a building constructed there, but with the govt. officials not being cooperative, they are stuck in the labyrinth of procedures and red-tape. The effort made by the SMC head, who is a parent of a child in the school, is remarkable in that he has gone to a great extent in trying to uncover the mysterious route, but got stuck at an apparent dead-end. Interactions with the children reveal their lack of confidence in being able to speak up in front of outsiders, besides a peculiar tendency of the girl-students to hide themselves away, which is characteristic of the young girls in the area, probably due to the custom requiring women to cover their heads, and at places, even faces for married women. Even very young girls in the village, of four to five years of age can be seen with their heads covered, at some places.

From there we move on to our next village Ghatika. About forty people assembled at a residence in the village, with kids peeping from outside. The gathering included, besides the AMIED members, SMC members, other parents and local women. Discussion began on the working of the SMC in the village school. From what came out of the status report given by the SMC officials, one is tempted to indulge in an exaggerated faith in the efficacy of participatory democracy. The SMC has done exemplary work in managing the grants available as well as in tightening the noose upon erring teachers. Not only this, the SMC also staged a lock-out of the school for several days when one of the three available teachers was deputed to some other place, leaving the school with only two teachers. Succumbing under the pressure, the govt. officials had to send a replacement to their school. When the late-coming teachers didn’t heed to their warnings, they began marking them as absentees, and within two days, they managed to ensure punctuality of teachers in the school. The grants that they received were utilized by them for buying furniture and mats for the school, getting the school painted and out of another small grant that they received, sufficient for school-dresses for only six children, they used their prudence to get school-dresses stitched for fifteen students. When the school hand-pump began to pump polluted water, they got another hand-pump sanctioned which would be put up by next month. They also have an additional grant of Rs.20, 000 available with them, with which they will get a ramp constructed. The SMC officials told us how the school-staff tries to breed factionalism among the villagers to break their unity and even offer bribes to some of them, but they are not ready to barter away their rights for anything.

We shared our experiences from other parts of the country to boost their morale, and energized by the positivity of their small success-stories, we moved to our next destination, the panchayat-ghar of ….to discuss the problems of the school there. After having a discussion on the position of recruitment of teachers by the state, which is slow enough to render another academic session futile, we moved towards the next village on our agenda, not without some adventure in between as our car got stuck in the sand and had to be towed by a tractor while we were escorted in the Sarpanch’s car to the village school. The climax Overs of the first innings of the ICC World Cup final were being telecast live and we could see the people hooked to the few TV sets in the villages, as we were passing through the lanes of the village, but as we reached the school court-yard large number of people assembled within no time, forgoing the excitement of the Match. We were told that the school has not been receiving any aid from the govt. which it is entitled to receive under the Sarva Shiksha Abhiyaan. The school as usual lacks the requisite number of teachers, particularly subject-teachers. The children who want to opt for Urdu as a third language are being denied their right on the grounds of unavailability of teachers and are being constrained to opt for Sanskrit. However the availability of teachers for Sanskrit is no better. There is a complete absence of subject teachers for key subjects such as Mathematics, Sciences, English etc. The villagers were beginning to show signs of disheartenment and as we told them that the situation in Delhi isn’t that better, they remarked “Agar wahin aisa hai toh yahan kya hoga” (if such is the state of affairs in the capital, what better can we expect here). But we told them not to lose hope and keep up their spirits and struggle. Soon, they recovered their enthusiasm as one of them remarked “Mevu jis cheez ke peechhe pad jaye use kar ke chhodta hai” (If a Mewati resolves to achieve something, he achieves it unfailingly.). they also added that this quality is secular, and applies to all the communities. Hence, the interaction ended on a positive note.

Our next visit was lined up for a bridge-course camp being run with the aid of civil society. It was an all-girls residential camp for three months, housing girls of varied ages. Although it wasn’t a very well-furnished facility, the commitment of the volunteers had created an environment of learning with joy. One of the things that caught my attention there was the charts on the walls, some of them expressing the children’s idea of a dream-school. It is worthwhile to train young minds to go beyond what ‘is’ towards envisaging what ‘ought’, and in my view, asking them to write essays on ‘My Dream-school’ rather than’ My School’, is one of the ways of doing so. For the present is not the ideal, nor the end of the road.

The following day there was a workshop for social activists and lawyers on the Right to Education, chaired by Mr. Ashok Agarwal. The event opened with some thought-provoking group-songs sung by the AMIED volunteers. The lyrics of one of them caught my attention “Mere sapno ko jaanane ka haq hai, kyon barson se toot rahe hain…” (My dreams are entitled to know why they are being shattered for years). The focus was on the emerging education-law and the lawyers’ role. Mr. Agarwal spoke, among other things, on how the RTE Act empowers those affected to go for an ordinary civil remedy, in addition to the option of invoking of the writ jurisdiction of the High Court under Article 226. As the discussion proceeded, there was a growing interest and enthusiasm among the listeners and the talk became more participative. The situation of skewed teacher-pupil ratio in schools, the problem of unrecognized schools and their treatment in the RTE Act and the provision for free-ship of 25% seats for the disadvantaged readily generated the listeners’ interest.

It seems that the RTE Act has awakened the people and the interest in the Right to Education is at an unprecedented level all over the country. But it is the state, mandated under the Act to shoulder the responsibility of universal elementary education, which is still lagging behind. The small peoples’ movements for RTE mushrooming in different parts of the country need to be strengthened and interlinked, so as to speed up the implementation of the RTE Act.