MCD VIOLATES HUMAN RIGHTS OF ITS STUDENTS - SJ COMPLAINS TO NCPCR

SOCIAL JURIST 12/10/2011

To,
The Chairperson,
National Commission for Protection of Child Rights (NCPCR),
5th Foor, Chanderlok Building
Janpath, New Delhi-110001

SUB.: LOWERING THE DIGNITY OF THE CHILDREN – STOP BJP TO DISTRIBUTE UNIFORM & BAGS TO MCD SCHOOL STUDENTS BY THEIR LEADERS

Respected Madam,

It is brought to your notice that Hindustan Times, New Delhi dated 12 October 2011 has reported the following:-
“Revised grants for school children in MCD schools – With the election starting at its face, the BJP leaders of the MCD have decided that they will themselves distribute the uniform and bags grants that the MCD gives to its school students. The education committee has also introduced a new grant of Rs.310/- for uniforms for 48,000 children studying in its nursery schools. Earlier, only students of the primary schools were provided with Rs.500/- for their winter uniform.”

The distribution of essential items to the children in MCD schools is fine and laudable. Our serious objection is to the manner of distribution. The above reported news-item clearly spells out that the uniform and the bags would be distributed by the BJP leaders themselves in full public view. It would be used for political propaganda. In my respectful submission, such practice would not only derogatory to the dignity of the school children most of whom belong to lower strata of society but also tantamount to violation of human rights of these children. It would also violate the Delhi Government Order dated 28.02.2002 banning such practice.


It is submitted that the provisions of Articles 39 & 40 of U.N. Convention on the Rights of the child states that no degrading treatment could be meted out to children. It is submitted that the practice as adopted by the school is violative of these provisions of U.N. Convention on the Rights of the Child and hence there is immediate need to prohibit such practice. It is submitted that the Municipal Corporation of Delhi by not adhering to these provisions of U.N. Convention, committing violation of the provisions which they are bound to protect.


It is submitted that the majority of children who come to these schools are from lower strata of society and there is a need to adopt even more careful attitude towards these to instill in them the sense of pride and dignity. These children coming from poor families are deprived of many facilities, which children of rich enjoy. Hence, they suffer from sense of insecurity and if such practices are encouraged, their self-respect will be adversely affected and it would be very difficult to bring them at par with the rest of the society. Facilities of free education, food, shelter, writing material, uniform etc. to the children should be encouraged but not at the cost of their self respect and dignity. Even otherwise, the provisions of free education, food, books, bags, clothing etc. are made at the cost of national exchequer and there is no provision which allows these schools to use these facilities for their publicity benefits.

It is submitted that child receiving sweaters or books or other articles in public view is made to believe that she/he is being given such treatment solely because of their poverty and not as a matter of right. It is a clear-cut violation of human rights of students studying in State-run-schools. It is also submitted that psychological development of such a child is now being damaged. The child from the very beginning is condemned to a mere beggar; needless to say that this will cause a lot of inferiority complex in the mind of the child.

It is submitted that in the past also, it was the routine practice in Govt. /Municipal run schools that distribution of essential items to the children in government and MCD schools are mode of propaganda event by inviting some politician and/or some high government officials. That led me to raise the issue by lodging a formal complaint with the NHRC in January 2001.

It is submitted that the NHRC on 30.3.2001 after perusing my complaint directed “let the complaint be transmitted to Chief Secretary, Government of NCT of Delhi to look into the grievance and take such action as is appropriate in the circumstances.” Thereafter, the Govt. of Delhi, Directorate of Education issued an Order dated 28.2.2002 thereby banning the practice of distributing items to the students in schools in full public view and also banning inviting outside people/officers and making publicity.

It is therefore requested that appropriate steps may immediately be taken to stop the BJP leaders to get the uniform and school bags distributed by their leaders to the MCD schools students in full public view to use for political propaganda.



With regards,

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

LOKPAL

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GREEDY UNAIDED PRIVATE SCHOOL

GREEDY PVT SCHOOL - It is a 3rd letter in series that Abhishek has given to me hoping that I would take suitable steps to get his problem solved. Delhi High Court on September19. 2011 had directed him to continue attending the school till further directions are given by the Court. Despite these orders. the school has been harassing him in one way or the other. By denial of bus facility, the school has again forced him to sit a home. I will move to Court by tomorrow seeking necessary directions.

Date-27/09/11
Dear Uncle,

I am fine and hope that you will be fine there.I went to school dated 26/9/11 again my class teacher did not allow me to enter the class room. My class teacher said me that you go to Virdi Mam room and give exam of subject Social Studies. My school
class teacher did not allow me school bus and said that you call your mother. I sit there apoxi. two hours All students and teachers had gone their homes by school buses. Only me and school office staff were in the school, My teacher warned me that tomorrow in the morning if you will catch the school bus I will not carry you.


Your's Lovely
Abhishek
Class: - VIII- D
School: - Guru Harkishan
Public School
India Gate New Delhi.

LOOK AT CHILD AS CHILD

Our Constitution guarantee good quality free elementary education to every child irrespective of the fact whether the child is of the rich or of the poor. Looking from this point of view, there is nothing wrong even if a child of the rich gets free education in a private school, may be under EWS quota. We are arguing that the school education should be completely free to get the fundamental right to education of every child realized.

RIGHT TO EDUCATION - THOUSANDS OF PEOPLE PARTICIPATED IN DHARNA

ALL INDIA PARENTS ASSOCIATION
Agarwal Bhawan, G T Road, Tis Hazari, Delhi-110 054 Tel:9811101923,9717278279

PRESS RELEASE

THOUSANDS OF PEOPLE FROM ALL WALKS OF LIFE PARTICIPATE IN MASS PROTEST RALLY AND DHARNA OUTSIDE RAJGHAT ON SUNDAY MORNING

NEW DELHI, 9 October: Thousands of people from all walks of life, which included a large number of women and children, took part in a mass rally and dharna outside Rajghat to protest against the arbitrary school fee hike in private schools in Delhi and other parts of the country.

The protest rally was organised by the All India Parents Association (AIPA), the apex parents body which was formed following the arbitrary fee hike undertaken by private schools on the pretext of the Fifth Pay Commission recommendations.

Speaking at the rally, social activist and AIPA national president, Mr Ashok Agarwal stressed the need to reform the school education in the country. Mr Agarwal sought the enactment of a Central law to regulate the fees and other charges in unaided private schools all across the country as well as a resolution by all the State Assemblies in support of the same.

There was also an urgent need to remove the disparities between various government schools, he said, and all government run schools should at least be brought to the level of Kendriya Viidyalayas (Central Schools).

The other demands of the All India Parents Association include the initiation of criminal proceedings against the 25 erring private school in the Capital who are inducted by the CAG recently.

The AIPA has also written a letter to the Prime Minister, Dr Manmohan Singh recently seeking an effective central law to check arbitrary fee hike in unaided private schools as well as for upgrading all government schools to the level of central schools.

Counsel the student than to take punitive action against him – Delhi HC told school

In a case where 13 year old Mohan, a class X student of St. Gregorios School in Dwarka along with three of his classmates were handed over Transfer Certificates after four months they were indulged in “friendly banter” with a girl in their classroom, Delhi High Court initially by an interim order dated May 05, 2010 and subsequently by final order dated 17.08.2011 has allowed the student to continue his studies in the school. However, the High Court on one hand directed the father of the student to take care to see that his child does not indulge into any act of misbehavior so that the atmosphere of the school is not vitiated in any manner and on the other hand directed the school authority to counsel the child than to take any punitive action against him.

The school’s allegation against all these four students was that they told their classmate that “if she married one Shanker Raman (a South Indian boy in their class), she will be busy making dosa and idli etc. Then they changed their opinion and told her that another classmate Rakhi Sahni ( a Punjabi boy) is best suited for her and then she will have a hard life making rotis. On girl’s complaint, the school said their comments were “abusive and vulgar”.

While the other three boys quietly accepted the TC and left the school, Mohan’s father Paramjit Singh challenged the expulsion and his lawyer Ashok Agarwal told Justice Kailash Gambhir that the “school clearly over-reached by taking the extreme step and ruining his career in the name of enforcing discipline”. He said even it was assured that the student used abusive language, the school, instead of ruining his career, should have given him counseling. Mr. Aggarwal also submitted that it was also in violation of the Delhi School Education Rules, which says disciplinary measures such as fine, expulsion or rustication cannot be taken against a student below 14 years.

Finding merit in the argument, Justice Gambhir by interim orders dated May 05, 2010 stayed the expulsion and directed the school to admit Mohan into Class IX.

FOR SCHOOL EDUCATION REFORMS - 09 Oct 2011 DHARNA AT RAJGHAT

BE READY TO PARTICIPATE IN DHARNA ON SUNDAY 09 OCTOBER 2011 AT RAJGHAT FOR REFORMS IN SCHOOL EDUCATION – aipa extended core committee has today decided to hold a peaceful Dharna on Sunday 09.10.2011 at RAJGHAT from 10 am to 6 pm demanding (i) Upgradation of all Govt Schools all over the country to the level of Central Schools, (ii) Enactment of a Central Law to Regulate Fees in Unaided Private Schools, (iii) Resolutions by all State Assemblies in favour of the Bringing Central law to Regulate Fees in Unaided Private Schools and (iv) Initiation of criminal action against the all the unaided schools having been indicted by the recent ‘CAG Report on top 25 unaided schools’.