Wednesday, June 15, 2011

Gender Discrimination in Delhi Govt. Co-ed Schools


WHY IS IT SO?????????

Delhi Government Co-ed School at Jasola.

(Having 2111 students including over 1000 girl students)

Class 6th

There are total 6 Sections . 2 Sections are exclusively having Girls enrolled and 3 Sections exclusively having Boys enrolled and all these 5 Sections are Hindi medium. 6th Section is English medium having both Girls and Boys enrolled.

Class 7th

There are total 6 Sections. 2 Sections exclusively for Girls & 3 Sections exclusively for Boys and all these 5 sections are Hindi Medium. 6th Section is of English Medium and is having both Girls and Boys enrolled.

Class 8th, 9th and 10th

There are total 5 Sections in each 8th, 9th and 10th classes. 2 Sections in each of these classes are exclusively for girls and the rest of the 3 Sections in each of these classes are exclusively for boys and all the section are Hindi Medium.

Presently, there is no English Medium Section but it will come up in the next academic year when Class 7th students of English medium would be promoted to class 8th.

Such a Gender Discrimination Practice is also prevalent in Government Co-ed School at Tuglakabad .There is possibility of prevalence of such unfair and unjust practice in many more Delhi Government Co-ed Schools.

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-09811101923

16 June 2011

(respond at –E mail: juristashok@gmail.com)

Tuesday, June 14, 2011

AIDED AND UNAIDED PVT SCHOOLS SANS SPECIAL EDUCATORS - SOCIAL JURIST WRITES TO DOE,GNCTD AND COMMISSIONER, MCD

To,

The Director of Education,

Government of NCT of Delhi,

Old Secretariat Building,

Civil Lines,

Delhi – 110054

14 June 2011

Dear Sir,

You may be certainly aware of the fact that almost all unaided and aided private schools in Delhi whether recognized by the Government of NCT of Delhi or by the Municipal Corporation of Delhi do not at all have both physical and academic infrastructure in their schools for the education of children with disabilities. For instance, Special Educators (Special Education Teachers) are very much needed for the education of children with disabilities and more particularly, for the children with disabilities suffering from visual impairment, hearing impairment and mental retardation. Unfortunately, all these schools sans special educators. These facts have even been verified on the basis of information having been gathered by us through the Right to Information Act.

Needless to say that children with disabilities have the Right to Education even through these unaided and aided private schools. Moreover, the fact that children with disabilities have been added in the definition of ‘Child belonging to the Disadvantaged Category’ within the meaning of Section 2(d) of the Right of Children to Free and Compulsory Education Act, 2009 vide your notification dated 07.01.2011 in terms of which they are entitled to be considered for admission and freeship in unaided recognized private schools to the extent of 25 % makes it more essential that the unaided recognized private schools must have both physical and academic infrastructure for the education of these children with disabilities. The present scenario is that these aided and unaided schools are avoiding or denying admission to the children with disabilities on the ground that they do not have physical and academic infrastructure for the education of these children. This is not only unfortunate but also illegal and unconstitutional.

Reference is made to a decision dated 16.09.2009 of a Division Bench of the Hon’ble Delhi High Court in case of PIL WP(C) No. 6771 of 2008 entitled Social Jurist, A Civil Rights Group v. Govt. of NCT of Delhi & Ors whereby the Hon’ble Delhi High Court directed state and local body run schools to have 2 Special Educators in each school. It is submitted that such directions deserve to be extended to all unaided and aided private schools of Delhi.

In terms of Rule 43 of Delhi School Education Rules, 1973, you are empowered to issue directions for implementation of the provisions of Delhi School Education Act, 1973.

It is, therefore, requested that directions may be issued to all aided and unaided private schools to ensure that they shall have atleast 2 Special Educators in each school for education of children with disabilities. Directions may also be issued to these schools to ensure barrier free environment for the benefit of Children with Disabilities.

With regards,

Ashok Agarwal, Advocate

Social Jurist, Advisor

M-09811101923

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