Right to Education Task Force (RETF) is a group of volunteers intervening into the matter of complaints of parents, students and social activists etc. relating to the problems involving violation of child rights being faced by the students/parents with private as well as with government schools primarily in Delhi, and also in other states/union territories of India. The complaints are handled by the legal experts. All services are totally voluntary & free of cost. One can write to RETF at Email: socialjurist@socialjurist.com and/or to The Convener, Right to Education Task Force, 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054 (India). Complaints can also be lodged at HELPLINES- 09811101923, 011-23384000, 09868529459.
Ashok Agarwal, Advocate
Convener, RETF
M-09811101923
Sunday, March 22, 2009
Saturday, March 14, 2009
YEH KAISI AASTHA? (WHAT KIND OF FAITH IT IS?)
Saturday, 14 March 2009 at about 12.30 pm in front of a Hindu Temple near Deepali Chowk, Outer Ring Road, North-West Delhi, India several tender age children can be seen rolling themselves on the summer hot road under the dictates of their parents covering distance of around 200 meters in order to reach at the gate of the temple to offer prayers to the Hindu deity. These tender age children are the children of the people of the poor and marginalized sections. The parents are literally forcing them to adopt such inhuman and derogatory practice in the hope & belief of being awarded with material prosperity so to compete with the rest of the world. Interestingly, hundreds of passing by rich and wealthy sections of people are just not interested in the world of these poor and unfortunate children.
Mob- 09811101923
Monday, March 9, 2009
COURT PULLS UP POSTMASTER OVER PERSISTENT MAIL DELAYS
BY OUR CORRESPONDENT
New Delhi, Nov. 27: The Delhi high court on Monday, gave a week to the postmaster general of Delhi to explain the delay in delivery of mail that has been piling in different sorting offices here.
A division bench comprising justice Mohinder Narain and justice Cyriac Joseph also directed postmaster general, Ms Padma Balasubramaniam, to be present on the next hearing on December 8.
The bench also issued directions to send letters of request to the editors of The Times of India and The Pioneer newspapers to submit the photographs of piling mail bags carried in their city’s edition.
The bench also requested Zee television to submit a copy of the video tape of the programme on the postal delay, recently telecast by them.
The Delhi high court had issued notices on November 23 to the Union government, the director general of post and telegraph and New Delhi’s postmaster general to explain why a public interest petitioner filed by a Delhi resident, Mr. S.P. Singh, on the continued delay in postal delivery should not be admitted for hearing. The court had directed them to file their replies by Monday and had also asked the postmaster general to be present before the court on the next hearing.
Mr. Ashok Aggarwal, the counsel for the petitioner, had alleged that over 50,000 mail bags were lying unsorted in different sorting offices of the postal department for the last six months. He had also submitted to the court that the postal department and other concerned agencies had failed to take action regarding the unnecessary delay in postal-delivery.
TIMES OF INDIA 28.11.1995
New Delhi, Nov. 27: The Delhi high court on Monday, gave a week to the postmaster general of Delhi to explain the delay in delivery of mail that has been piling in different sorting offices here.
A division bench comprising justice Mohinder Narain and justice Cyriac Joseph also directed postmaster general, Ms Padma Balasubramaniam, to be present on the next hearing on December 8.
The bench also issued directions to send letters of request to the editors of The Times of India and The Pioneer newspapers to submit the photographs of piling mail bags carried in their city’s edition.
The bench also requested Zee television to submit a copy of the video tape of the programme on the postal delay, recently telecast by them.
The Delhi high court had issued notices on November 23 to the Union government, the director general of post and telegraph and New Delhi’s postmaster general to explain why a public interest petitioner filed by a Delhi resident, Mr. S.P. Singh, on the continued delay in postal delivery should not be admitted for hearing. The court had directed them to file their replies by Monday and had also asked the postmaster general to be present before the court on the next hearing.
Mr. Ashok Aggarwal, the counsel for the petitioner, had alleged that over 50,000 mail bags were lying unsorted in different sorting offices of the postal department for the last six months. He had also submitted to the court that the postal department and other concerned agencies had failed to take action regarding the unnecessary delay in postal-delivery.
TIMES OF INDIA 28.11.1995
DISCRIMINATION CHALLENGED
NEW DELHI, Dec, 6 (PTI) - The Supreme Court has issued notice to the Union of India and others on a petition seeking equal pay for work of similar nature regardless of sex and classification of employees.
The petition, filed by Mr. Ashok Agarwal, an advocate contended that denial of equal pay because of classification of employees as regular, permanent, temporary, probationer, ad hoc, casual and the like was violative of provision of the Constitution.
The petition submitted that this denial of equal pay exited in a large number of undertakings of the Government. Local authorities, non-Government establishment and autonomous bodies.
THE HINUSTAN TIMES TUESDAY DECEMBER 7 1982
The petition, filed by Mr. Ashok Agarwal, an advocate contended that denial of equal pay because of classification of employees as regular, permanent, temporary, probationer, ad hoc, casual and the like was violative of provision of the Constitution.
The petition submitted that this denial of equal pay exited in a large number of undertakings of the Government. Local authorities, non-Government establishment and autonomous bodies.
THE HINUSTAN TIMES TUESDAY DECEMBER 7 1982
Tuesday, February 24, 2009
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION BILL, 2008 FAILS THE TEST OF CONSTITUTIONAL MANDATE
The Right of Children to Free and Compulsory Education Bill, 2008 (hereinafter referred to as RTE Bill, 2008) introduced by the Central Government in the Rajya Sabha on 15 December 2008 though appears to be a progressive legislation but on examination thereof, it is not difficult to conclude that the same does not stand the test of constitutional mandate guaranteed 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.
Undoubtedly, some of the provisions of the RTE Bill, 2008 are laudable. Section 3 talks of right to free and compulsory education and admission in a neighbourhood school. Section 4 talks of admission of child in class appropriate to his or her age. Sections 8 & 9 talk of obligations of the government to provide compulsory education to children. Section 12 talks of obligation of the unaided recognised private schools to provide free seats to the extent of 25% to the children of the economically weaker sections. Section 13 (1) talks of “no capitation fee” and “no screening procedure” for admission. Section 14 talks of admission without insisting upon production of age proof. Section 16 talks of “no expulsion of a child”. Section 17 bans corporal punishment. Section 23 talks of formation of school management committees. Section 23 ensures recruitment of only qualified teachers. Section 25 talks of ensuring Pupil-Teacher Ratio as specified in the schedule. Section 32 talks of grievance redressal mechanism.
On the other hand, several provisions of the RTE Bill, 2008 are meant to legalise and to perpetuate the existing unjust and discriminatory school education system based on socio-economic status. Section 3 (b) defines “capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school. The import of this provision is that a school is free to notify any amount of fee whether needed or not and once it is notified, it will be legal. The Bill does not provide any fee regulatory mechanism to check the menace of commercialisation of education. Moreover, the right of every child to receive free and compulsory education as guaranteed under Articles 21 and 21-A of the Constitution does not depend on the capacity of the parents to afford fee or not. Therefore, every child whether studying in private or State-run school, is entitled to free education. The State should bear the entire expenses even of the children studying in private-run schools. On the other hand, Section 8 disentitles a child studying in such private school even to claim from the State the reimbursement of expenditure incurred.
Section 2 (n) instead of permitting only same category of schools for all the children, sanctifies different categories of schools for the children of different socio-economic status. Most objectionable is; “a school belonging to specified category”. Section 2 (p) defines “specified category” in relation to a school, means a school known as Kendriya Vidyalaya, Sainik School or any other school having a distinct character which may be specified by notification, by the appropriate Government. How can you have such a specified category of school with ‘State Funding’ which does not provide equal opportunity to all the children in the matter of admission? That providing only 25% of seats to the children of weaker sections in such ‘specified category of school’ is a cruel joke.
Section 7 talks of sharing of financial responsibilities between the Centre and the States. It appears that the Central Government does not want to provide funds to the States uniformly. The State Governments cannot insist upon the Central Government to provide funds more than what is provided under Section 7 (3). The State Governments have been made responsible to provide funds for implementation of the Act. It is submitted that unless the Central Government takes upon itself to provide entire funds for the implementation of the Act, the object of the Act is not possible to be achieved, particularly when the State Governments have publicly declared their inability to implement the Act on account of paucity of funds.
Section 10 talks of duty of parents to admit his child in neighbourhood school. It is submitted that the duty of parent is alright but where is the duty of the State to bring the child to the school. The State has completely absolved itself of such duty. Section 13 (2) provides punishment with fine against a school, if it is found violating the provisions relating to ‘no capitation fee and screening procedure for admission’. Interestingly, the Central Government has lost sight of the fact that if a school is punished with fine; such amount of fine would simply be passed on by the school to the children by levying the same in the fee slip. It is submitted that thereby it is the child and not the school which would be punished. What is required is the punishment with imprisonment and not merely punishment with fine.
Section 26 permits the Government to keep the vacancies of the teachers unfilled up to 10% of the total sanctioned strength. It is a well known fact that on average 10 % of the teaching staff at a time remains on leave for one reason or another. Therefore, there is a need to have 10% extra teaching staff instead of reducing it by 10% as contemplated in the RTE Bill, 2008. Section 31 talks of monitoring of child’s right to education by NCPCR. Experience with all the Commissions including NCPCR is that all these Commissions work like the department of the Government. Moreover, the Government has not so far appointed full strength members in the NCPCR. It is submitted that the District Judge of every District in the country, should be entrusted with the work of monitoring of child’s right to education. I am conscious of the fact that the Hon’ble Judges are already burdened with deciding so many pending cases but one can not lose sight of the fact that the right to education is a most precious human and fundamental right and any further delay in implementation of the same would be a great peril to the nation. The Bill does not at all talk of accountability of the authorities. Unless there are provisions for the penalties against the erring authorities similar to those available in the Right to Information Act, 2005, it is really doubtful if the authorities would honestly perform their tasks.
Our constitutional goal is to achieve casteless and classless society as has been highlighted by a seven-judge bench of the Hon’ble Supreme Court in the recent decision in OBC reservation in educational institutions case. The Government should have brought a Bill which would have directions towards casteless and classless society. However, the Bill in the present form, on the other hand, perpetuates the inequality and unjust discrimination amongst the children in the matter of right to education. That while expressing the above concerns regarding the serious drawbacks of the RTE Bill, 2008 particularly when it fails the test of Constitutional mandate, it cannot be over emphasised that the Bill should not be delayed any further on account of need to have a more comprehensive national debate on the same in the interest of the future of the children.
(author can be contacted at ashokagarwal1952@hotmail.com)
-by Ashok Agarwal, Advocate
Undoubtedly, some of the provisions of the RTE Bill, 2008 are laudable. Section 3 talks of right to free and compulsory education and admission in a neighbourhood school. Section 4 talks of admission of child in class appropriate to his or her age. Sections 8 & 9 talk of obligations of the government to provide compulsory education to children. Section 12 talks of obligation of the unaided recognised private schools to provide free seats to the extent of 25% to the children of the economically weaker sections. Section 13 (1) talks of “no capitation fee” and “no screening procedure” for admission. Section 14 talks of admission without insisting upon production of age proof. Section 16 talks of “no expulsion of a child”. Section 17 bans corporal punishment. Section 23 talks of formation of school management committees. Section 23 ensures recruitment of only qualified teachers. Section 25 talks of ensuring Pupil-Teacher Ratio as specified in the schedule. Section 32 talks of grievance redressal mechanism.
On the other hand, several provisions of the RTE Bill, 2008 are meant to legalise and to perpetuate the existing unjust and discriminatory school education system based on socio-economic status. Section 3 (b) defines “capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school. The import of this provision is that a school is free to notify any amount of fee whether needed or not and once it is notified, it will be legal. The Bill does not provide any fee regulatory mechanism to check the menace of commercialisation of education. Moreover, the right of every child to receive free and compulsory education as guaranteed under Articles 21 and 21-A of the Constitution does not depend on the capacity of the parents to afford fee or not. Therefore, every child whether studying in private or State-run school, is entitled to free education. The State should bear the entire expenses even of the children studying in private-run schools. On the other hand, Section 8 disentitles a child studying in such private school even to claim from the State the reimbursement of expenditure incurred.
Section 2 (n) instead of permitting only same category of schools for all the children, sanctifies different categories of schools for the children of different socio-economic status. Most objectionable is; “a school belonging to specified category”. Section 2 (p) defines “specified category” in relation to a school, means a school known as Kendriya Vidyalaya, Sainik School or any other school having a distinct character which may be specified by notification, by the appropriate Government. How can you have such a specified category of school with ‘State Funding’ which does not provide equal opportunity to all the children in the matter of admission? That providing only 25% of seats to the children of weaker sections in such ‘specified category of school’ is a cruel joke.
Section 7 talks of sharing of financial responsibilities between the Centre and the States. It appears that the Central Government does not want to provide funds to the States uniformly. The State Governments cannot insist upon the Central Government to provide funds more than what is provided under Section 7 (3). The State Governments have been made responsible to provide funds for implementation of the Act. It is submitted that unless the Central Government takes upon itself to provide entire funds for the implementation of the Act, the object of the Act is not possible to be achieved, particularly when the State Governments have publicly declared their inability to implement the Act on account of paucity of funds.
Section 10 talks of duty of parents to admit his child in neighbourhood school. It is submitted that the duty of parent is alright but where is the duty of the State to bring the child to the school. The State has completely absolved itself of such duty. Section 13 (2) provides punishment with fine against a school, if it is found violating the provisions relating to ‘no capitation fee and screening procedure for admission’. Interestingly, the Central Government has lost sight of the fact that if a school is punished with fine; such amount of fine would simply be passed on by the school to the children by levying the same in the fee slip. It is submitted that thereby it is the child and not the school which would be punished. What is required is the punishment with imprisonment and not merely punishment with fine.
Section 26 permits the Government to keep the vacancies of the teachers unfilled up to 10% of the total sanctioned strength. It is a well known fact that on average 10 % of the teaching staff at a time remains on leave for one reason or another. Therefore, there is a need to have 10% extra teaching staff instead of reducing it by 10% as contemplated in the RTE Bill, 2008. Section 31 talks of monitoring of child’s right to education by NCPCR. Experience with all the Commissions including NCPCR is that all these Commissions work like the department of the Government. Moreover, the Government has not so far appointed full strength members in the NCPCR. It is submitted that the District Judge of every District in the country, should be entrusted with the work of monitoring of child’s right to education. I am conscious of the fact that the Hon’ble Judges are already burdened with deciding so many pending cases but one can not lose sight of the fact that the right to education is a most precious human and fundamental right and any further delay in implementation of the same would be a great peril to the nation. The Bill does not at all talk of accountability of the authorities. Unless there are provisions for the penalties against the erring authorities similar to those available in the Right to Information Act, 2005, it is really doubtful if the authorities would honestly perform their tasks.
Our constitutional goal is to achieve casteless and classless society as has been highlighted by a seven-judge bench of the Hon’ble Supreme Court in the recent decision in OBC reservation in educational institutions case. The Government should have brought a Bill which would have directions towards casteless and classless society. However, the Bill in the present form, on the other hand, perpetuates the inequality and unjust discrimination amongst the children in the matter of right to education. That while expressing the above concerns regarding the serious drawbacks of the RTE Bill, 2008 particularly when it fails the test of Constitutional mandate, it cannot be over emphasised that the Bill should not be delayed any further on account of need to have a more comprehensive national debate on the same in the interest of the future of the children.
(author can be contacted at ashokagarwal1952@hotmail.com)
-by Ashok Agarwal, Advocate
Sunday, February 22, 2009
INDIAN RULERS WROST THAN BRITISH RULERS
Indian rulers are even worst than the British rulers. They have eaten away the entire wealth of the common people. Only common people will teach them.
ashok agarwal, advocate
ashok agarwal, advocate
Saturday, February 21, 2009
INDIAN JUSTICE SYSTEM AVERSE TO WORKERS' RIGHT
AFTER LEGAL BATTEL FOR MORE THAN 34 YEARS, WORKERS ARE STILL BACK TO SQUARE ONE-LABOUR COURT TOOK 20 YEARS & HIGH COURT TOOK 14 YEARS TO DECIDE THE CASE
The management of M/s Parrys Confectionery Limited terminated services of its four workers namely; S.P.Kapoor, N.N.Nayar, J.C.Bhatia and O.P.Dhingra on 26.09.1975. These workers raised an industrial dispute before the Labour Court under the Industrial Disputes Act, 1947 challenging the validity of their termination of services claiming reinstatement with full back wages and continuity of services. During the pendency of the dispute before the Labour Court, two of the workers namely S.P.Kapoor and O.P.Dhingra died. The Labour Court passed Award dated 05.08.1995 dismissing the claim of the workers holding that they were not ‘workman’ within the meaning of the Industrial Disputes Act, 1947 and therefore, not entitled to any relief.
The workers challenged the Labour Court Award in the Hon’ble Delhi High Court by way of writ petition under Article 226 of the Constitution of India in March, 1996. The writ petition remained pending disposal till 20.02.2009 when the Hon’ble Mr. Justice Kailash Gambir of Hon’ble High Court finally heard and decided the case. The Hon’ble Judge remanded the matter back to the Labour Court for reconsideration after taking into account the documentary evidence having been produced by the workers in support of their case. Mr. Ashok Agarwal, Advocate who appeared for the workers before the Hon’ble High Court argued that the Labour Court erred in law as it had failed to appreciate the documentary evidence having been produced by the workers in support of their case.
Though the Judgement of the Hon’ble High Court has come in the favour of the workers but there is nothing to celebrate the same as the workers after fighting the legal battle for more than 34 years for justice are still back to square one. Though the Hon’ble High Court has expressed hope that the Labour Court would decide the case as expeditiously as possible, no body knows when the Labour Court would hear and decide the case once again. Two of the workers are not alive and the other two, though have not yet lost the hope, but have a grudge against the present justice delivery system.
By Ashok Agarwal, Advocate
M-09811101923
21.09.2009
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