'Pvt schools will face penalty for violating RTE'

New Delhi, Apr 1: Union HRD Minister Kapil Sibal has said that all private schools

must reserve 25 percent seats in elementary education

for economically disadvantaged children.
Speaking to a television channel, Sibal said that it was obligatory to set aside a quarter of all seats for poor children from classes 1 to 8.Sibal further said that any breach of the Right to Education (RTE) act will fetch punishment.When asked if there will be penalty for not complying with the legislation, Sibal said, "It is now law, it can be statutorily enforced."He said both aided and non-aided schools across the country have to follow the legislation.The minister clarified that minority schools were not exempt from the act."We believe every minority institution would itself like to (go for the reservation). There are disadvantaged sections in minority communities too. The minorities will be part of the national endeavour," he said.The Right to Education act came into force on Thursday, Apr 1, as a fundamental right

http://righttoeducation.in/sites/default/files/legislation/rte_act_2009_hindi.pdf
http://righttoeducation.in/sites/default/files/legislation/rte-bill_amendment_20100416.pdf

Rehabilitate slum dwellers, rules court

NEW DELHI - Stressing that everyone has right to live a decent life, the Delhi High Court Thursday asked the government and the civic agencies to rehabilitate jhuggi (slum) dwellers even if they were encroaching on public land.
Pronouncing his last judgment of the tenure, Chief Justice Ajit Prakash Shah said: “Everyone has the right to live a decent life.”
“It is not uncommon that in the garb of evicting slums and beautifying the city, the state agencies, in fact, end up creating more slums. The only difference is that this time this is away from the gaze of the city dwellers,” Justice Shah said on his last working day.
“It cannot be expected that human beings in a jhuggi cluster will simply vanish if their homes are uprooted and their names effaced from government records. They are the citizens who help rest of the city to live a decent life and they deserve protection and the respect of the rights to life and dignity which the Constitution guarantees them.”
The court was hearing the plea of slum dwellers removed from the places where they lived for years. The government had issued them ration and election cards but was not rehabilitating them as they were encroaching on public land.
“The decision of the respondents (government and civic agencies) holding that the petitioners are on the right of way and are, therefore, not entitled to relocation, is hereby declared as illegal and unconstitutional,” the bench said, adding all those eligible for rehabilitation should be granted an alternative site as per the Master Plan-Delhi 2021 within four months.
“The state agencies will ensure that basic civic amenities, consistent with the rights to life and dignity of each of the citizens in the jhuggis, are available at the site of relocation.”
The bench also directed the member secretary of the Delhi Legal Services Authority (DLSA) to give wide publicity to this judgment among the residents of slum clusters in the city as well as in the relocated sites.
“The DLSA will also hold periodical camps in jhuggi clusters and in relocated sites to make the residents aware of their rights,” the bench ordered.
Prashant Bhushan, who was appearing for one of the petitioners in the case, also become emotional and thanked the outgoing Chief Justice, praising his humanistic approach and positive attitude.

February 11th, 2010

Delhi civic agencies pulled up for poor sanitation

NEW DELHI - Ahead of the Commonwealth Games, the Delhi High Court has pulled up the civic agencies for poor sanitation in the capital, noting the conditions had not improved for the past 12 years.
A division bench of Justices Sanjay Kishan Kaul and Veena Birbal Friday criticised the civic agencies for their “callous approach” to worsening sanitation saying: “When things have not changed in 12 years, then what will happen in 12 days?
The bench’s remark came after counsel for the Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NDMC) sought more time to file their status report. The court agreed to a deadline of April 29.
The court, after taking the affidavit by Delhi Cantonment Board on record, warned them that if their stand was found to be false on inspection, the court would have no option but to issue contempt notice.
Advocate Ashok Agarwal, counsel in the case, told the bench: “We are preparing ourselves for the Commonwealth Games and its horrible that the civic agencies do not even perform their basic duty. Its a violation of the rights of citizens, especially women, who have no option but to defecate in the open.”
The pathetic state of public toilets was highlighted by Shahana Sheikh, a final year student of economics at Lady Sri Ram College who undertook a tour of slums and the outskirts of Delhi from May to July 2008.
According to Sheikh, the MCD, in its 2007 report claims that there are 3,192 public conveniences in the national capital but she found only 1,534 toilets in her survey.

The SC & ST Atrocities Act and Institutional Casteism

The SC & ST Atrocities Act and Institutional Casteism

Although the Constitution and special acts aim to protect the rights of Dalits, the ground reality shows that much needs to be achieved. Despite the severity of the discrimination, the issue of dalit rights is rarely litigated in courts. It is almost as if dalits have forsaken the courts. In many instances, the upper classes and the forward castes have used the judicial system against the backward classes. Therefore, despite the harsh terrain, it is an engagement that the dalit community cannot avoid.
When this Statute was first enacted it was fervently hoped that justice would be done to those discriminated. But this hope soon evaporated and confirmed what was well known namely, that it is not by Statute alone that society changes. Though the law came into force the legal system continued to be controlled by upper caste men who, sometimes subconsciously, but often deliberately sabotaged the working of the Act. Though the provisions were non-bailable, bail was liberally granted. An almost unbearable burden was put upon the complainant at the initial stage itself with the complaint being viewed with heavy suspicion. The complaint and evidence of the victim was disbelieved and derided. As a result ever since it came into force there are hardly any convictions under the Act and the prosecutions have sharply declined.
Though there are dalit organizations and NGOs organizing and struggling against discrimination, the legal community has remained far behind. As a result though there are beneficial provisions in the Constitution of India, the Scheduled Castes and Scheduled Tribes Atrocities Act and other similar enactments, their implementation and enforcement is very poor.
Due to what is perceived as institutional casteism in the legal system the SC/ST Atrocities Act has seen poor enforcement - with the conviction rate being less than 1%. Additionally, dalit lawyers and activists generally have an upbringing characterized by disadvantage, find the use of the Queen's English in courts cumbersome and often find themselves in a hostile legal environment. The entire system is designed to exclude and ostracize. By withdrawing from this arena the backward classes have shown that they have no faith in the legal system. This has made matters worse. It is almost as if the Act has been repealed.
Significant component of this initiative has been to build a network of dalit lawyers, because in the ultimate analysis it is they who most acutely feel and understand the sufferings of their people. At the same time, the Dalit lawyers who are dedicated to dalit rights and issues should have a better understanding of the SC/ST Act and other laws. The purpose of this initiative is to equip human rights lawyers and activists to use the justice system for and on behalf of members of the dalit community.

The seven fundamental rights recognised by the constitution

The seven fundamental rights recognised by the constitution are :
1.The right to equality ……………… Right to equality
2.The right to freedom……………… Right to freedom
3.The right to freedom from exploitation …….Right against exploitation
4.The right to freedom of religion ……… Right to freedom of religion
5.The Cultural and educational rights …….. Cultural and educational rights
6.The right to constitutional remedies …… Right to constitutional remedies
7.The right to Education …………………. Right To Education

types of corporal punishments in schools

There are three types of corporal punishments in schools.Physical Punishments:

1. Making the children stand as a wall chair (Goda Kurchee in Telugu), 2. Keeping the school bags on their heads, 3. Making them stand for the whole day in the sun, 4. Make the children kneel down and do the work and then enter the class room5. Making them stand on the bench, 6. Making them raise hands, 7. Hold a pencil in their mouth and stand, 8. Holding their ears with hands passed under the legs, 9. Tying of the children's hands, 10. Making them to do sit-ups (Gunjeelu), 11. Caning and pinching and 12. Twisting the ears (Chevulu pindadam)

Emotional Punishments:

1. Slapping by the opposite sex2. Scolding abusing and humiliating3. Label the child according to his or her misbehaviour and sent him or her around the school4. Make them stand on the back of the class and to complete the work.5. Suspending them for a couple of days6. Pinning paper on their back and labeling them "I am a fool", "I am a donkey" etc.7. Teacher takes the child to every class she goes and humiliates the child.8. Removing the shirts of the boys.

Negative Reinforcement

1. Detention during the break and lunch.2. Locking them in a dark room3. Call for parents or asking the children to bring explanatory letters from the parents4. Sending them home or keeping the children outside the gate5. Making the children sit on the floor on the classroom.6. Making the child clean the premises.7. Making the child run around the building or in the playground.8. Sending the children to principals.9. Making them to teach in the class.10. Making them to stand till the teacher comes.11. Giving oral warnings and letters in the diary or calendar12. Threatening to give TC for the child.13. Asking them to miss games or other activities14. Deducting marks.15. Treating the three late comings equal to one absent.16. Giving excessive imposition.17. Make the children pay fines.18. Not allowing them into the class.19. Sitting on the floor for one period, day, week and month.20. Placing black marks on their disciplinary charts.

Normal range of punishments, which continue unabated, are caning, beating knuckles with stick or steel scale, kneeling down, standing on the bench and so on. Wall chairs (sitting as if on the chair without any one against the wall for half-an-hour to one hour), wall chairs plus a school bag on the head or thighs which cause more physical pain, running ten to twenty rounds around the school building or in the ground and sit-ups numbering hundreds are other range of punishments. Writing impositions for more than fifty times within a short time, which is physically not possible to complete, is a new type of punishment. If an English medium students talks in Telugu, he or she will be made to write, "I do not speak in Telugu" for fifty to hundred times, a mental punishment too.

Delhi High Court recognises Child Marriage as human rights violation

In a historic judgment on the issue of Child Marriage, division bench comprising of Mr. Justice A. K. Sikri and Mr. Justice Ajit Bharihoke held that the “child marriage is a violation of human rights, compromising the development of girls and often resulting in early pregnancy and social isolation, with little education and poor vocational training reinforcing the gendered nature of poverty”.
In the case filed by Association for Human Rights v Union of India and Others, the petitioner highlighted as to how a girl was sold, trafficked and married off to on “Yashpal” by her father. The incidence of the marriage of the girl was first found out by the members of Human Rights Law Network in February-March 2010. After exhausting all possible remedies to get the offenders booked for the offence of Child Marriage, the team members of HRLN and the Petitioner organisation decided to file a case in Delhi High Court. In the case, it was alleged that the Girl was not traceable and despite all efforts, the Police failed to trace the girl and to book the offenders for the offense of child marriage. The Petitioner, thus, filed a habeas corpus petition in Delhi High Court for a direction to the authorities to trace the girl and to bring the offenders to the book.
When the concerned Police Station failed to trace the girl after repeated orders of the Court, the Court transferred the case to the Crime Branch of Delhi Police. After this, the authorities came into action and traced and rescued the girl. They also lodged a formal complaint against the Father and the Husband of the Girl for offenses under Prohibition of Child Marriage Act, 2006. The father and the husband were also arrested by the Police.
The Court then conducted in camera hearing of the case and also heard the Girl Child in person. After hearing the parties, the Court passed the order. While discussing the evil of Child Marriage went into the sociological reasons for the prevalence of Child Marriage in the society. This case was a classic example, which proved the sociologists correct, the court observed.
The Court also observed that “Young married girls are a unique, though often invisible, group. Required to perform heavy amounts of domestic work, under pressure to demonstrate fertility, and responsible for raising children while still children themselves, married girls and child mothers face constrained decision making and reduced life choices. Boys are also affected by child marriage but the issue impacts girls in far larger numbers and with more intensity.” The Court, while underlining the medical and psychological effects over the girl child, further observed that “Where a girl lives with a man and takes on the role of caregiver for him, the assumption is often that she has become an adult woman, even if she has not yet reached the age of 18.”
As the issue, whether such marriages are void ab initio or not is under consideration before a larger bench, the Court refused to declare the marriage as void. However, differing from earlier orders, where the young wives were allowed to live with her husbands, the Court directed that the Girl will live with her parents till she attains the age of 18 years. The Court also took the undertaking of the parents of the girl, her husband and also of the mother of the husband that the marriage will not be consummated till she attains the age of 18. On attaining the age of 18, the girl can exercise the right to get her marriage annulled, as provided under Prohibition of Child Marriage Act. The Court made it clear that “it is the option of the victim girl to accept this marriage or not. In case she does not accept this marriage, it shall be treated as null and void.”

http://www.hrln.org/hrln/court-orders/Child%20Marriage%20Case%20Judgment.pdf

violence against dalits,

Violence, Discrimination, Untouchability
Over five decades after independence, the practice of untouchability, violence against dalits, atrocities against dalit women and routine discrimination in everyday life continue in India . Despite the prohibition on untouchability found in Article 17 of the Constitution of India, the practice of untouchability continues unabated, whether it be in the drinking of water from wells or in forcing the community into vocations that are unsuitable for human employment.
Violence Against Dalits
Even an elementary documentation from the main newspapers in the country will show the exponential increase in the number of instances of violence against dalits and also a sharp increase in the extent of brutality Throwing excreta into wells, forcible eviction of dalits from their lands, destruction of dalit houses and temples, social and economic boycotts, looting of cattle and destruction of crops are only some of the atrocities perpetuated on dalits.
Dalit Women
As in most communities the dalit woman bears the brunt of this discrimination. Stripping of women and their parading has occurred frequently. Kidnappings, beatings and rape are common. In a situation of national food insecurity, dalit women are most likely to suffer hunger, malnutrition, disease and early death. Her child, most likely, not allowed to go to school.
Discrimination
After over 55 years of independence in most of the villages of India , the discrimination is visible and obvious. Dalits cannot intermingle with the upper castes in respect of the location of their huts. Often they are not permitted to drink from the same well. In the mid-day meal schemes dalit children are made to feel like outcastes.
Reservations
The one area in which substantial progress has been made is the enforcement of the Constitutional provisions relating to reservations in employment and education. Despite the criticism of these provisions by the upper castes, the dalit movement has succeeded in retaining and enforcing them. As a result, throughout the country, both in education and in employment scheduled caste persons are entering educational institutions and government employment, albeit hardly to the extent to which the provision provides. This is also one area where, probably, the maximum litigation has taken place. Despite the advances there are many problems. The litigation has been urban centered and has benefited a somewhat well-to-do section of the community.
Scavenging
Nowhere is the practice of untouchability more pronounced than in manual scavenging in the cities of India . Before Independence and during the Quit India Movement the practice of night soil carrying became an issue around which the freedom movement organised and mobilized dalits. The practice however continues to be prevalent even today. Dalit workers, mainly contract workers toil in the most demeaning conditions and carry with their bare hands excreta, carcasses of dead animals, medical waste from hospitals, toxic chemicals, sharp objects and garbage.

RETF Camp on Right to Education Violations

Social Jurist 478-479, Lawyers Chambers
A Civil Rights Group Western Wing, Tis Hazari Courts
Delhi - 54
Ph.23910014

15.07.2006

Subject: RETF Camp on Right to Education Violations

Dear Friend,

The Right to Education Task Force (RETF), a unit of Social Jurist is holding one day Camp at various locations on Sunday, July 23, 2006 from 9 am to 5 pm, Delhi. The parents and the children can register their complaints in the following camps:-

Address of the camps:

1. Chaupal Chowk, Mahipalpur Gaon – Santosh Kumar – 9210263215
2. Opposite Govt. Senior Secondary School, Sagarpur, No. 1, Palam – Dr. Walian – 55725365
3. Basti Vikas Kendriya, L – Block, Mangolpuri – Gayatri – 9811831108
4. F – 7/435, Sultanpuri – Munni Pandey – 9350263348
5. C – 3/283, Sultanpuri – Renu Pandey – 9868734558
6. S – 893, Mongolpuri – Rita Nayyar – 9213192692
7. B – Block, Police Chowki, Holambi Kalan, Phase – 2, - Amar, Chandrika-9868727146
8. Mangal Bazaar Road, Shivpuri, Sagarpur – Madanlal – 9213109206
9. G – Block, Near Bhagat Market, Sitapuri-2 – Dr. Harilal – 9818656072
10. F – 16, Krishna Vihar, New Delhi –83 – Lata Rani – 9899227743
11. WZ –12 F, Dal Mil Wali Gali, Begumpur, Delhi-41 – Pawel Tomar – 9868645298
12. I. – 10, Vijay Vihar – 2, Rohini, Sector – 4 – Rahul Verma – 9313903016
13. 179/32-33 Block, Ambedkar Camp, Trilok Puri – Sara – 9213881385
14. A. – 18, Circular Road, Ambedkar Camp, Soniya Vihar – Brijmohan – 9350178036
15. New Sanjay Colony, Rojgar Karyalaya, Karkardooma Court, Shahdara – Pramod Kumar Sharma
16. Kusum Vikas Kendra (Charitable Dispensary) Bal Sing Marg, Mulle Ki Tubewell, Rajeev Nagar, Harsh Vihar, Delhi –93 – Karan Singh – 98680619995.
17.Shiv Park, Bheel Basti, Baljeet Nagar, New Delhi – 8 – Dr, Amar Nath Ojha – 9899283633.
18.Plot No. 826, Gautam Puri, Phase – 1, Mohan Cooperative, Badarpur – Santosh Kumar – 9313121891
19.IFRAH Shiksha Kendriya, Main Road, Khadar Colony, Jaitpur Ext. – Kossar Praveen, Raees Ahmed - 9868259762

The above camps are being organised in view of the fact that thousands and thousands of children have been denied admission by the government schools this year on one pretext or another. Thousands of students of government schools who have failed in CBSE examination of Class 10th and 12th have been denied admission by the respective government schools in violation of Rule 138 of Delhi School Education Rules, 1973. Out of school students in large number have been denied admission on the ground that the admission date has expired. Not only this, large number of students from Delhi and outside Delhi who are having valid certificates of transfer are also denied admission. Even children who have passed class 10th from National Open School are denied admission. The government by denial of admissions to the children is virtually promoting child labour.

Lawyers from Social Jurist shall record the complaints of the parents and the children and thereafter file Public Interest Litigations (PIL) in Delhi High Court highlighting such complaints and seeking redressal. The entire exercise by Social Jurist shall be free of cost.

We are seeking your help in this noble cause and you are requested to kindly inform others in regard to holding of such camp so that the parents and the children having grievance against the schools may have the opportunity to lodge their complaints with us.

Thanking you
Yours faithfully


(ASHOK AGARWAL)
Advocate
Convenor, Right to Education Task Force
M - 9811101923

25% reservation in private schools

25% reservation in private schools
The Act and the Rules require all private schools (whether aided or not) to reserve at least 25% of their seats for economically weaker and socially disadvantaged sections in the entry level class. These students will not pay tuition fees. Private schools will receive reimbursements from the government calculated on the basis of per-child expenditure in government schools.

Overview of the Act

Overview of the Act
The RTE Act is a detailed and comprehensive piece of legislation which includes provisions related to schools, teachers, curriculum, evaluation, access and specific division of duties and responsibilities of different stakeholders. Key features of the Act include:
Every child from 6 to 14 years of age has a right to free and compulsory education in a neighborhood school till completion of elementary education.
Private schools must take in a quarter of their class strength from `weaker sections and disadvantaged groups’, sponsored by the government.
All schools except private unaided schools are to be managed by School Management Committees with 75 per cent parents and guardians as members.
All schools except government schools are required to be recognized by meeting specified norms and standards within 3 years to avoid closure.
On the basis of this Act, the government has framed subordinate legislation called model rules as guidelines to states for the implementation of the Act.

Expression of Interest

Govt. of NCT of DelhiDelhi Commission for Protection of Child Rights Expression of Interest

Delhi Commission for Protection of Child Rights (DCPCR) has been constituted under the commissions for protection of child rights Act, 2005, through Govt. of NCT Notifications, 2008.
The Commissions functions are to provide Child Rights Protection, Enquire into Violations of Child Rights, Monitoring of Laws, Policies and programmes relating to Children examine factors inhibiting Child Rights, take matters relating to Children in need of care and Protection, Distressed, Marginalized and Juveniles, Research, Compilation, Promotion, Literacy and Awareness on Child Rights and Safeguards through Media, Publications, Seminars etc.
Commission propose to Empanel Delhi based registered NGOs/Experts/Consultants to carry out activities such as:-
1. Rapid mapping of children in difficult circumstances, Railway Children, Children engaged in begging, Child Labour, Out-of-School, De-notified Tribes, Child Marriage, HIV/AIDS affected, Missing Children and services for them.
2. Create awareness on Child Rights in various schools, Community for care, Protection, Restoration, Rehabilitation and Social Reintegration.
NGOs/Experts/Consultants (Delhi Based) are invited to submit expression of interest for one or more activities mentioned above within 15 days at the below address. Decision of the chairperson will be final.
Delhi Commission for Protection of Child Rights
5th Floor, ISBT Building, Kashmere Gate, Delhi-110006
Ph: 011-23862685 Fax: 011-23862684
Sd/-
(X.K. Mahto)Secretary
DIP/1587/09-10

Constitutional Provisions

Constitutional Provisions
There are several constitutional provisions for children. These include the following.
· Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
· Article 15(3) provides that, “Nothing in this article shall prevent the State for making any special provision for women and children.”
· Article 21 provide that no person shall be deprived of his life or personal liberty except according to procedure established by law.
· Article 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
· Article 23 prohibits trafficking of human beings and forced labour.
· Article 24 prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.
· Article 25-28 provides freedom of conscience, and free profession, practice and propagation of religion.
· Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment.
· Article 45 envisages that the State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

EWS admissions: CIC fines education dept officer Rs 25,000

EWS admissions: CIC fines education dept officer Rs 25,000

New Delhi, November 17 The Central Information Commission (CIC) has imposed a penalty of Rs 25,000 on a Delhi government education department official, who failed to provide information on the status of admission in public schools to students under the Economically Weaker Sections of Society (EWS) quota.
Information Commissioner Shailesh Gandhi, who was hearing the case of one Prakash Kumar, imposed a penalty of Rs 25,000 (the highest possible under the RTI Act enacted three years ago) on Satinder Kaur, Deputy Director Education, District Southwest A, for not providing information relating to admission in public schools under the EWS quota.
“People living in slums and villages around Vasant Kunj had applied for admission under the EWS quota to various public schools in Vasant Kunj. It was, however, found that Ryan International School and Vasant Valley School were not following the law and evading admission of these children,” said Kumar, an appellant and a social activist.
Kumar filed an RTI application with the Education Department. After the RTI application, Ryan International School

started taking in children from the EWS category, said Kumar.
“Ryan International School gave admission to poor children as per the mandatory rules and procedures. Vasant Valley School, however, neither made the desired information public nor did it give admission to any of the applicants,” said Kumar.
Kumar, who had the applications of six parents with him, said they were never called for draw of lots. Kumar then appealed to the first appellate authority (Regional Director of Education, South). “But the public information officer (PIO) did not provide the information. I then appealed to the CIC.” The CIC also ordered the PIO to supply the desired information but nothing satisfactory was provided.
“As per the provisions of Section 20 (1), the Commission finds it a fit case for levying penalty on Ms Satinder Kaur. Since the delay in providing the information has been over 100 days, the Commission is passing an order penalising Ms Satinder Kaur Rs 25,000, which is the maximum penalty under the act,” Information Commissioner Gandhi said in his order, after a final hearing on the case on Monday.
After the show cause notice from the CIC, Vasant Valley School quoted the High Court order of May 30, 2007 that says, “...We make the following interim arrangement commencing from academic session 2008-2009 to last till the matter comes up for reconsideration.”

RTE-2009 Voilation by RICHMOND GLOBAL SCHOOL

Sub: - RICHMOND GLOBAL SCHOOL expels 06 year old student & violation of the Right of Children to Free & Compulsory Education Act, 2009.

Dear Shri Arvinder Singh ji,

We have the honor to bring to your kind notice a case of violation of the Right of Children to Free and Compulsory Education Act, 2009. Master YASH, a student of I-D of RICHMOND GLOBAL SCHOOL, Miyanwali Nagar, Paschim Vihar, Delhi-110087, is not being allowed to attend classes by the principal of the school.
Master Yash belongs to the Scheduled Caste (JATAV) & slum area of J.J. COLONY JAWALA PURI & has applied for fee concession on dated 01-04-2010, but the school has not responded to his application in spite of this, on 29-04-2010, 30-04-2010 & 10-05-2010, Teacher said to Yash Nigam, stand-up & out the class, school administration child sent back to home with driver . The parents took the child to the school but the principal was adamant to expel Yash.

We understand that the said school being a Govt. aided school and is not entitled to charge fees to EWS student.

On 05/05/2010, We met to Deputy Director of Education, Distt. West-B, Vikash Puri, New Delhi,bringing to his notice the aforementioned facts and requesting him to do the needful on urgent basis. However, nothing has been done on the matter till date.

Thereafter, I told DCPCR Consultant on phone the aforesaid facts.You are well aware of the fact that the right to education is a fundamental right of every child under the Constitution. Article 21-A, mandates the State to provide free & compulsory education to all children in the age group of 6-14 years. Moreover, the Delhi Schools Education Act, 1973 the Right of Children to Free & Compulsory Education Act, 2009 prohibit the school to expel or rusticate any student below the age of 14 years on any ground. Section-16 of the Right of Children to Free & Compulsory Education, 2009 is reproduced as under:-“No child admitted in a school shall be held back in any class orexpelled from school till the completion of elementary education.”Since Yash is only 06 years old, the school was totally unjustified to ignored his fee concession request. In fact Yash is also entitled to compensation from the school for violation of his fundamental right to education as guaranteed under articles 21 & 21-A of the Constitution of India.
We want to request you sir, and the Delhi High Court and Directorate of Education ,Delhi / authority to take the necessary action on such school management.

It is, therefore, requested that EWS student Yash Nigam may kindly be grant fee concession immediately and allow him to pursue his education further as per the aforementioned Govt. Act the Right of Children to Free & Compulsory Education Act, 2009.

Yours ,

Raghubir Singh Gadegawnlia,

Social Activist.