Wednesday, November 9, 2011
PRIVATE HOSPITAL ASKED TO REFUND MONEY TO POOR PATIENT
- Monitoring Committee of which I am a member inspected three private hospitals, namely, Delhi ENT Hospital & Research Centre, Jasola, Gujarmal Modi Hospital, Saket and Max Super Specialty Hospital, Saket on Monday November 08, 2011. The Committee noted that in ENT Hospital & Research Centre, a female patient whose family monthly income was less than Rs.6422/- was admitted in the paid category whereas all the three free beds were lying vacant. The Committee advised the Hospital that the concerned patient must be converted in free category and the money deposited (Rs.2500/-) be refunded. It was found that 6 free beds out of 10 were lying vacant in Gujarmal Modi Hospital whereas 26 free beds out of 30 were lying vacant in Max Super Specialty Hospital.
Friday, November 4, 2011
TEACHER ILL TREATS CLASS VIII STUDENT
UNFORTUNATE & CRUEL- Economically poor Class VIII student of Guru Harkrishan Public School, India Gate (situated on govt allotted land on highly concession rates with a view that the school will provide free education to economically weaker student) today got two slaps on his face besides hearing humiliating words from his teacher. His fault is that he boarded school bus to go back to home after school was over and the heartless teacher pulled him out of bus under the incorrect impression that the student has not deposited bus fees. What kind of education institutions we have?
Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity
Ashok Agarwal
(Advocate)
03.11.2011
To,
The Principal Secretary (Health)
Government of NCT of Delhi
Secretariat
I.P. Estate, New Delhi-110002
Sub: Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity
Dear Sir,
While I fully appreciate the Delhi Government issuing detailed guidelines to private hospitals regarding free medical treatment to patients under the EWS category, I would like to point out that at present there is almost complete absence of information to EWS category patients about such free treatment available to them. Consequently, most beds reserved under this category continue to remain unoccupied in most private hospitals despite the existence of a large number of poor patients who are eligible for free medical treatment.
In order to create adequate public awareness on the issue and facilitate the EWS category patients to avail the free medical treatment in private hospitals ---- which has been made possible through the landmark judgment of the Hon’ble Supreme Court---- I would like to make the following suggestions to the Delhi Government:
i) The Delhi Government should immediately come out with prominently-displayed public service advertisements in all major newspapers, magazines and television channels of different languages detailing the names of hospitals where such free treatment is available as well as the number of beds available is each hospital.
ii) Such public service ads should also clearly mention the eligibility criteria for free treatment which includes the important fact which has been categorically states by the Hon’ble Supreme Court that a patient doesn’t have to furnish any documentary proof of his/her income or any other documents while availing the free treatment. And that s/he only needs to fill a declaration form starting that his/her monthly income is less that Rs. 6,422.00.
iii) Such public service ads should also clearly mention what all is available to the EWS patients under the EWS category so as to do away with the earlier misconception that they need to pay for the medicines, etc.
iv) Such public service ads should also include an easy to remember 24X7 Helpline Number (preferable a four digit one as allotted for other emergency services like CATS) where patients may call for inquiries as well as lodge complaints regarding erring hospitals.
v) Such public service ads should also state the provision regarding diversion of such patients from government hospitals.
vi) The above mentioned information should also be displayed prominently in major languages outside all the private hospital which provide free treatment as well as in all government-run hospitals.
vii) Members of the Monitoring Committee constituted by Delhi Govt. with names, addresses, telephone numbers etc. be displayed both in the private and government hospitals.
viii) The Hon’ble Delhi High Court in Orders dated 22.03.2007 in Social Jurist PIL
were pleased to pass the directions: “We direct the Director General of Health Services, Union of India, as well as Director General Health Services Govt. of NCT of Delhi to constitute a Special Cell to comply with the directions of the Court including the receipt of various informations and money as directed in this judgment. Let this be done within two weeks from today.” It is submitted that the Special Cell as contemplated in the Orders has not been constituted till date. Kindly do the needful in this regard.
With regards,
Ashok Agarwal, Advocate
Member of the Monitoring Committee and Inspection Committee
M-09811101923
(Advocate)
03.11.2011
To,
The Principal Secretary (Health)
Government of NCT of Delhi
Secretariat
I.P. Estate, New Delhi-110002
Sub: Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity
Dear Sir,
While I fully appreciate the Delhi Government issuing detailed guidelines to private hospitals regarding free medical treatment to patients under the EWS category, I would like to point out that at present there is almost complete absence of information to EWS category patients about such free treatment available to them. Consequently, most beds reserved under this category continue to remain unoccupied in most private hospitals despite the existence of a large number of poor patients who are eligible for free medical treatment.
In order to create adequate public awareness on the issue and facilitate the EWS category patients to avail the free medical treatment in private hospitals ---- which has been made possible through the landmark judgment of the Hon’ble Supreme Court---- I would like to make the following suggestions to the Delhi Government:
i) The Delhi Government should immediately come out with prominently-displayed public service advertisements in all major newspapers, magazines and television channels of different languages detailing the names of hospitals where such free treatment is available as well as the number of beds available is each hospital.
ii) Such public service ads should also clearly mention the eligibility criteria for free treatment which includes the important fact which has been categorically states by the Hon’ble Supreme Court that a patient doesn’t have to furnish any documentary proof of his/her income or any other documents while availing the free treatment. And that s/he only needs to fill a declaration form starting that his/her monthly income is less that Rs. 6,422.00.
iii) Such public service ads should also clearly mention what all is available to the EWS patients under the EWS category so as to do away with the earlier misconception that they need to pay for the medicines, etc.
iv) Such public service ads should also include an easy to remember 24X7 Helpline Number (preferable a four digit one as allotted for other emergency services like CATS) where patients may call for inquiries as well as lodge complaints regarding erring hospitals.
v) Such public service ads should also state the provision regarding diversion of such patients from government hospitals.
vi) The above mentioned information should also be displayed prominently in major languages outside all the private hospital which provide free treatment as well as in all government-run hospitals.
vii) Members of the Monitoring Committee constituted by Delhi Govt. with names, addresses, telephone numbers etc. be displayed both in the private and government hospitals.
viii) The Hon’ble Delhi High Court in Orders dated 22.03.2007 in Social Jurist PIL
were pleased to pass the directions: “We direct the Director General of Health Services, Union of India, as well as Director General Health Services Govt. of NCT of Delhi to constitute a Special Cell to comply with the directions of the Court including the receipt of various informations and money as directed in this judgment. Let this be done within two weeks from today.” It is submitted that the Special Cell as contemplated in the Orders has not been constituted till date. Kindly do the needful in this regard.
With regards,
Ashok Agarwal, Advocate
Member of the Monitoring Committee and Inspection Committee
M-09811101923
violation of right to education of 329 MR children of Govt. run Home - Social Jurist writes to Delhi Chief Secretary
SOCIAL JURIST
A Civil Rights Group
04.11.2011
To
The Chief Secretary,
Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate,
New Delhi- 110002.
Sub:- Violation of Right to Education of 392 mentally retarded children of Delhi Govt. run‘ Asha Kiran Home’.
Dear Sir,
By this letter, we are seeking your immediate intervention in this matter relating to violation of Right to Education of as many as 392 mentally retarded children in the age group 5 to 18 years of Delhi Government run ‘Asha Kiran Home’, at Rohini, Delhi.
The Social Welfare Department of the Govt. of NCT of Delhi has been running a Home namely ‘Asha Kiran’ at Rohini, Delhi for mentally retarded persons. It has been providing shelter to nearly 800 mentally retarded persons which include 392 children in the age group 5 to 18 years. Most of these persons are destitutes. It is needless to say that all children including children with disabilities have fundamental and human right to education as guaranteed to them under Articles 14, 15, 21, 21-A and 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Right of Children to Free and Compulsory Education Act, 2009, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and UN Convention on the Rights of Persons with Disabilities (2008). It is also needless to say that all the children with disabilities are entitled to education in the mainstream school.
It is submitted the Asha Kiran Home have facilities for care and protection of mentally retarded children but it has no facility so far as the Right to Education of these children are concerned. Therefore, Department of Education has a role here.
That Mr. Ashok Agarwal, Advocate is a member of the Advisory Committee constituted by the Directorate of Education, Govt. of NCT of Delhi under the chairmanship of Principal Secretary (Education) in terms of the Orders of Hon’ble Delhi High Court in Social Jurist PIL relating to education of children with disabilities, He raised the issue about the Right to Education of the children staying in Delhi Government run Asha Kiran Home in the meeting dated 06.12.2010. It was decided that a team from the Department of Education would visit Asha Kiran Home to identify the children entitled to be enrolled in the mainstream school and thereafter, to take necessary steps to get them enrolled in the mainstream school.
It is submitted that in terms of the aforesaid decision, initially Mr. Ashok Agarwal along with officials from the Education Department headed by Mr. R. P. Yadav, DDE visited Asha Kiran Home and deliberated with the Home’s Administrator. Thereafter, 12 Resource Teachers from the Directorate of Education visited the Asha Kiran Home from 12.03.2011 to 26.03.2011 and again from 04.04.2011 to 07.04.2011 to assess the children staying therein for the purpose of providing them education. During the said visits, the Resource Teachers Team assessed as many as 392 children between the age group of 5 to 18 years. 32 Boys and 12 girls were found to be Educable, 83 boys and 61 girls were found to be Trainable, 77 boys and 43 girls were found to be Educable + Trainable, 45 boys and 30 girls were found to be ADL + Custodial.
It is submitted that there is a mainstream government school situated just next to the Asha Kiran Home. We understand that 44 children (32 boys + 12 girls) found in Educable category during the assessment could be immediately sent to Government run mainstream school and so far as the remaining children were concerned, the same could progressively be mainstreamed after preparing them for the same. However, the entire process of mainstreaming these children has come to halt due to unwarranted controversy between the Education Department and the Social Welfare Department. It is not only unfortunate but also tantamount to criminal negligence.
Despite the fact that the Department of Education has been making all efforts for bringing all these 392 MR children in the mainstream school the Department of Social Welfare is refusing to get these children enrolled in the mainstream school on the alleged ground that they could not take risk of sending these children to the school outside the home.
The controversy between the Department of Education and the Department of Social Welfare is leading to depriving these 392 mentally retarded children of their Right to Education. The process of mainstreaming of such children has already been delayed due to laxity on the part of the Government and any further delay would not only be undesirable but also be fatal.
In view of the above facts, you are requested to kindly intervene into this matter on most urgent basis and sort out the differences and disputes between the Department of Education and the Department of Social Welfare so to enable all these 392 mentally retarded children to attend the mainstream school at this earliest.
With regards,
ASHOK AGARWAL
Advocate
Advisor, Social Jurist
M-09811101923
A Civil Rights Group
04.11.2011
To
The Chief Secretary,
Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate,
New Delhi- 110002.
Sub:- Violation of Right to Education of 392 mentally retarded children of Delhi Govt. run‘ Asha Kiran Home’.
Dear Sir,
By this letter, we are seeking your immediate intervention in this matter relating to violation of Right to Education of as many as 392 mentally retarded children in the age group 5 to 18 years of Delhi Government run ‘Asha Kiran Home’, at Rohini, Delhi.
The Social Welfare Department of the Govt. of NCT of Delhi has been running a Home namely ‘Asha Kiran’ at Rohini, Delhi for mentally retarded persons. It has been providing shelter to nearly 800 mentally retarded persons which include 392 children in the age group 5 to 18 years. Most of these persons are destitutes. It is needless to say that all children including children with disabilities have fundamental and human right to education as guaranteed to them under Articles 14, 15, 21, 21-A and 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Right of Children to Free and Compulsory Education Act, 2009, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and UN Convention on the Rights of Persons with Disabilities (2008). It is also needless to say that all the children with disabilities are entitled to education in the mainstream school.
It is submitted the Asha Kiran Home have facilities for care and protection of mentally retarded children but it has no facility so far as the Right to Education of these children are concerned. Therefore, Department of Education has a role here.
That Mr. Ashok Agarwal, Advocate is a member of the Advisory Committee constituted by the Directorate of Education, Govt. of NCT of Delhi under the chairmanship of Principal Secretary (Education) in terms of the Orders of Hon’ble Delhi High Court in Social Jurist PIL relating to education of children with disabilities, He raised the issue about the Right to Education of the children staying in Delhi Government run Asha Kiran Home in the meeting dated 06.12.2010. It was decided that a team from the Department of Education would visit Asha Kiran Home to identify the children entitled to be enrolled in the mainstream school and thereafter, to take necessary steps to get them enrolled in the mainstream school.
It is submitted that in terms of the aforesaid decision, initially Mr. Ashok Agarwal along with officials from the Education Department headed by Mr. R. P. Yadav, DDE visited Asha Kiran Home and deliberated with the Home’s Administrator. Thereafter, 12 Resource Teachers from the Directorate of Education visited the Asha Kiran Home from 12.03.2011 to 26.03.2011 and again from 04.04.2011 to 07.04.2011 to assess the children staying therein for the purpose of providing them education. During the said visits, the Resource Teachers Team assessed as many as 392 children between the age group of 5 to 18 years. 32 Boys and 12 girls were found to be Educable, 83 boys and 61 girls were found to be Trainable, 77 boys and 43 girls were found to be Educable + Trainable, 45 boys and 30 girls were found to be ADL + Custodial.
It is submitted that there is a mainstream government school situated just next to the Asha Kiran Home. We understand that 44 children (32 boys + 12 girls) found in Educable category during the assessment could be immediately sent to Government run mainstream school and so far as the remaining children were concerned, the same could progressively be mainstreamed after preparing them for the same. However, the entire process of mainstreaming these children has come to halt due to unwarranted controversy between the Education Department and the Social Welfare Department. It is not only unfortunate but also tantamount to criminal negligence.
Despite the fact that the Department of Education has been making all efforts for bringing all these 392 MR children in the mainstream school the Department of Social Welfare is refusing to get these children enrolled in the mainstream school on the alleged ground that they could not take risk of sending these children to the school outside the home.
The controversy between the Department of Education and the Department of Social Welfare is leading to depriving these 392 mentally retarded children of their Right to Education. The process of mainstreaming of such children has already been delayed due to laxity on the part of the Government and any further delay would not only be undesirable but also be fatal.
In view of the above facts, you are requested to kindly intervene into this matter on most urgent basis and sort out the differences and disputes between the Department of Education and the Department of Social Welfare so to enable all these 392 mentally retarded children to attend the mainstream school at this earliest.
With regards,
ASHOK AGARWAL
Advocate
Advisor, Social Jurist
M-09811101923
Thursday, October 27, 2011
OPPOSE CHILD LABOUR AND LOVE INDIA
“My child will go to school but your child will go to work”. Who are the people who have this kind of approach? People who either do not understand the economics of the child labour or are the beneficiaries of the child labour system. Still, there are people who express sympathies for the child labour but argue poverty, the reason.
The National Advisory Council (NAC) has recommended a blanket ban on child labour. Mr. Rajinder Puri, a writer and a veteran journalist and cartoonist by his write-up in Sunday Statesman 23 October 2011 has requested the NAC to reappraise its decision to impose ban on child labour. He argued, “In the era of Charles Dickens, there was child labour in Britain. With prosperity and eradication of acute poverty it is now banned. How far has acute poverty been removed in India? Should we not seriously consider radical reform of child labour before announcing an outright ban that cannot be implemented?” With due respect to our veteran journalist, I totally differ with this approach.
Supreme Court in 1993 while interpreting Article 21 (right to life with dignity) of the Constitution of India has declared right to education a fundamental right and the State will have no defense at all against this right in relation to the children upto the age of 14 years. In December 2002, Article 21-A has been inserted in the Constitution which mandates the State to provide free and compulsory education to all the children in the age group six to fourteen years in the manner as the State may by law determine.
In terms of this constitutional provision, all children have to be in school and not at work. We should appreciate that ‘compulsory education’ and ‘child labour’ cannot go together. After the insertion of Article 21-A in the Constitution, child labour upto the age of fourteen years in all its form has become unconstitutional. The Government is duty bound to amend Child Labour Act so to put blanket ban on child labour.
Parents have no moral or legal right to force children to work for the reason of poverty. On the other hand, Article 51-A (k) of the Constitution imposes a duty on the parents or guardians to provide opportunities to their wards in the age group six to fourteen year to attend school. Ordinarily, it would not be proper to blame the parents but if some parents are deliberately indulging in such illegal activity, that can not be appreciated or encouraged.
In the entire debate on the child labour, we normally overlook one thing i.e., the State’s obligation. It is the Constitutional obligation of the State to bring all the children upto the age of fourteen years in the full time mainstream school education system and provide them good quality education. If it happens, the entire child labour will disappear. Despite poverty, the State is capable enough to bring every child in school. However, the State is totally insensitive, corrupt and dishonest and has been deliberately abdicating its obligations.
Child labour is a National Shame and nobody can justify it. Need of the hour is to compel the State by all possible means to bring all the children in the mainstream school education system and to get rid of the child labour. The right place for every child is at school and not at work. Oppose child labour and Love India.
The National Advisory Council (NAC) has recommended a blanket ban on child labour. Mr. Rajinder Puri, a writer and a veteran journalist and cartoonist by his write-up in Sunday Statesman 23 October 2011 has requested the NAC to reappraise its decision to impose ban on child labour. He argued, “In the era of Charles Dickens, there was child labour in Britain. With prosperity and eradication of acute poverty it is now banned. How far has acute poverty been removed in India? Should we not seriously consider radical reform of child labour before announcing an outright ban that cannot be implemented?” With due respect to our veteran journalist, I totally differ with this approach.
Supreme Court in 1993 while interpreting Article 21 (right to life with dignity) of the Constitution of India has declared right to education a fundamental right and the State will have no defense at all against this right in relation to the children upto the age of 14 years. In December 2002, Article 21-A has been inserted in the Constitution which mandates the State to provide free and compulsory education to all the children in the age group six to fourteen years in the manner as the State may by law determine.
In terms of this constitutional provision, all children have to be in school and not at work. We should appreciate that ‘compulsory education’ and ‘child labour’ cannot go together. After the insertion of Article 21-A in the Constitution, child labour upto the age of fourteen years in all its form has become unconstitutional. The Government is duty bound to amend Child Labour Act so to put blanket ban on child labour.
Parents have no moral or legal right to force children to work for the reason of poverty. On the other hand, Article 51-A (k) of the Constitution imposes a duty on the parents or guardians to provide opportunities to their wards in the age group six to fourteen year to attend school. Ordinarily, it would not be proper to blame the parents but if some parents are deliberately indulging in such illegal activity, that can not be appreciated or encouraged.
In the entire debate on the child labour, we normally overlook one thing i.e., the State’s obligation. It is the Constitutional obligation of the State to bring all the children upto the age of fourteen years in the full time mainstream school education system and provide them good quality education. If it happens, the entire child labour will disappear. Despite poverty, the State is capable enough to bring every child in school. However, the State is totally insensitive, corrupt and dishonest and has been deliberately abdicating its obligations.
Child labour is a National Shame and nobody can justify it. Need of the hour is to compel the State by all possible means to bring all the children in the mainstream school education system and to get rid of the child labour. The right place for every child is at school and not at work. Oppose child labour and Love India.
Wednesday, October 26, 2011
JOIN RTE PIL POSTCARD CAMPAIGN
In this Campaign, the students/children will write at least three top right to education related problems through postcards to the Hon'ble Chief Justice of the respective State High Court. Each High Court of India needs to be flooded every day with thousands of such postcards. Several High Courts, in the past, have been converting such postcards in PILs and seeking answers from the State Authorities. This Campaign is bound to go a long way in realization of right to education. For more details, please write to Adv Ashok Agarwal, National President, AIPA at Email:juristashok@gmail.com M-09811101923
Monday, October 24, 2011
We Love India
Opposing Child Labour in all forms would mean We Love India. Respecting child rights would mean We Love India.
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