Saturday, February 13, 2010

INDIA - OVER 20 MILLION CHILDREN WITH DISABILITIES HAVE BEEN TOTALLY DENIED RIGHT TO EDUCATION

HISTORIC MARCH TO PARLIAMENT-MEMORANDUM TO THE PRIME MINISTER


ALL INDIA PARENTS ASSOCIATION (AIPA)
AGARWAL BHAWAN, G.T. ROAD,
TIS HAZARI, DELHI-110054

13.02.2010

To,
Hon’ble Dr. Manmohan Singh,
Prime Minister of India,
New Delhi


Respected Sir,


We invite your kind attention to the fact that even after sixty-two years of independence, over two crores children with disabilities of our beloved country have been totally denied the right to education. Whatever figures are available, they point to the fact that only less than one percent of these children with disabilities are in the mainstream school system. It is submitted that the children with disabilities are the worst sufferers as they are grossly deprived of all human and fundamental rights. Interestingly, even those children with disabilities who are in school do not have basic facilities like special teachers, aids and appliances, reading and learning material, barrier free environment, special toilets, ramps etc. Even a premier institution like Kendriya Vidyalaya Sangathan (KVS) have admitted before the Hon’ble Delhi High Court that they do not have any staff to take care of the educational needs of the disabled children studying in their schools. How long the rulers of this country would continue to deny the basic right to education to our children with disabilities?


It is submitted that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are out of school and are engaged in labour though their rightful place is in school. Those children who are in the government school system are receiving very poor quality of education. Fee-charging private schools are flourishing at the cost of government schools. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country. AIPA demands that all government schools all over the country must be upgraded to the level of Kendriya Vidyalaya Sangathan (KVS) schools.


It has been noted that the parents all over the country have raised their collective voice against inaction on the part of the Central and State Governments to check the menace of commercialization of education in unaided private schools. It is unfortunate that the governments have utterly failed to check arbitrary fee hike by the private schools despite directives by the Hon’ble Supreme Court in Modern School case. Though the parents are now better aware of their rights qua unaided private schools but the schools are adamant to continue to exploit the hapless parents and students by subjecting them to pay unjustified, exorbitant and arbitrary fee and other charges. The State of Tamil Nadu has enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. It appears that the Tamil Nadu Act is addressing the parents’ concerns to a large extent. However, the application of the said Act is limited to the State of Tamil Nadu. In other States, there are practically no laws to deal with the school fee hike problems. AIPA demands a Central Law to deal with the issue of commercialization in unaided private schools.


In order to highlight the violations of the right to education of the children with disabilities and also unbridled and unchecked commercialization of education in unaided private schools, All India Parents Association (AIPA) has organized a historic march to the Parliament today the 13th February, 2010, in which people from all walks of life including lawyers, doctors, parents, students, children with disabilities, NGOs, social activists and concerned citizens in big numbers holding placards in their hands, are participating


DEMANDING FROM THE CENTRAL AND THE STATE GOVERNMENTS TO ENSURE THAT

· No government or private school should deny admission to the children with disabilities;

· All the schools, whether government or private, shall provide totally free education to the children with disabilities at all levels;

· All schools, whether government or private, should have all basic facilities like adequate number of qualified special teachers, aids and appliances, ramps, special toilet, teaching and learning material, barrier free environment etc.;

· Availability of basic facilities for the disabled children in the school must be made a condition of grant of recognition to the school; and

· Totally free health security to the children with disabilities. Schools should be so equipped with basic medical expertise that the children with disabilities may get appropriate medical assistance, guidance and advice.


We also demand immediate enactment of a National Law addressing the issue of commercialization of education in unaided private schools. We further demand the up-gradation of all government schools all over the country to the level of Kendriya Vidayalaya Sangathan (KVS) schools. These demands are justified and in national interest. It is submitted that any delay in realization of these demands will be at the peril to our nation.


Sir, we have great hopes in you. We, therefore, request you to kindly intervene in the matter for the realization of the above demands.


On behalf of AIPA & all other participating organizations and individuals:

Ashok Agarwal, Advocate
National President, AIPA
M-09811101923

Monday, February 8, 2010

A Class Divide - Students unable to pay Air-Conditioned facility charges are not entitled to Air-Conditioned Facility – Unaided School rules

ALL INDIA PARENTS ASSOCIATION
AGARWAL BHAVAN, G.T. ROAD,
TIS HAZARI, DELHI-110054

To 08.02.2010

Smt. Sheila Dixshit,
Hon’ble Chief Minister of Delhi,
Delhi Secretariat,
I.P.Estate, New Delhi-110002

Sub: A Class Divide - Students unable to pay Air-Conditioned facility charges are not entitled to Air-Conditioned Facility – Unaided School rules

My Dear Chief Minister,

How long the Government of GNCT of Delhi would continue to be a mute spectator to the exploitation of parents/students at the hands of greedy managements of the unaided private schools in Delhi? It is very unfortunate that the Government has utterly failed to check menace of commercialization of education in private schools despite directives by the Hon’ble Delhi High Court and the Hon’ble Supreme Court. Such failure on the part of the Government is now leading to catastrophic consequences in the form of further class divide amongst the students in school contrary to the constitutional philosophy of equality and social justice in education.

Despite strong protests from the parents and the teachers, a fee-charging private school in the India’s capital, namely, Rukmini Devi Public School, Pitampura, Delhi-110034 (Phone 27314235) has gone to the extreme when it decided to provide Air-Conditioned Facility as an option facility and the same would be provided to those students whose parents give consent for the same on payment of Rs.400/- per student per month towards Air-Conditioned facility charges. In other words, students who are unable to pay Air-Conditioned facility charges would be devoid of the same. It is submitted that such an act on the part of the school is leading to a class divide amongst the students on the basis of their parents’ economic status. It is unconstitutional, illegal, arbitrary, discriminatory, anti-child and tantamount to commercialization of education.

It is submitted that the school has a calculated horrible and illegal design behind such a move; “Rich Come Poor Go”. It is interesting to note that the school is situated on the public land allotted to it by the Delhi Development Authority on a throw away prices with the condition that the school would serve the educational needs of all the children of the locality. The school is also obliged to admit children belonging to the economically weaker sections to the extent of 20% and to grant them free-ship. It is submitted that the school by adopting such a class divide practice is breaching the very conditions of allotment of public land. Five star cultures being resorted by the school is unacceptable.

It is submitted that the said move on the part of the school besides thrusting very huge unwarranted additional financial burden on the already financial-crisis-facing parents is also unnecessary for the following amongst other reasons:

a) The Air Conditioning facility shall hamper the extra-curricular activities of the students like games, play, physical exercises & yoga etc. which are quite essential to their physical growth;
b) That such indoor facility providing on purely temporarily basis shall not be favorable to the health of students under the extreme climatic conditions (i.e. hot and cold weathers) as prevails in this city;
c) It shall also create laziness in the minds of the students that will leads to slow educational activities;
d) It will generate alarming situations of global warming in our atmosphere & will also create a disastrous situation of energy crises;
e) No one should compromise with one’s health & also should not compromise with over exploitation of the resources.

The school has estimated a tentative expenditure to the tune of Rs.2.60 crores on making 54 classrooms and 9 corridors as air-conditioned. It is submitted that in terms of the decision dated 30.10.1998 of the Hon’ble Delhi High Court in case of Delhi Abhibhavak Mahasangh, such expenditure cannot be levied towards school fees.

The parents have lodged a complaint dated 19.01.2010 with the Deputy Director of Education, North-West, Delhi but till date no action has been taken against the school.

It is, therefore, requested that necessary action may kindly be taken in this matter on urgent basis directing the school to desist itself from the aforesaid move of class divide by resorting to five star cultures of air-conditioning the class-rooms and the corridor of the schools and unnecessary burdening the parents with additional financial burden of Rs.400/- per student per month.

With regards,


Ashok Agarwal, Advocate
National President, AIPA
M-09811101923

Feb 13, 2010 - Lawyers march to parliament for protection of RTE of disabled children

Social Jurist, A Civil Right Group 08.02.2010

APPEAL TO THE LAWYERS

JOIN AT JANTAR MANTAR AT 11.00 AM ON FEB 13, 2010 TO MARCH TO PARLIAMENT FOR THE PROTECTION OF RIGHT TO EDUCATION OF OVER 2 CRORES DISABLED CHILDREN

It is shocking to know that even after 62 years of independence; over 2 crores children with disabilities of this country have totally been denied the right to education. What ever figures are available is the pointer of the fact that only less than one percent of these children with disabilities are in the mainstream school system. It is submitted that the children with disabilities are the worst sufferers as they are massively deprived of all human and fundamental rights. Interestingly, even those children who are in schools do not have basic facilities like special teachers, aids and appliances, reading and learning material, barrier free environment, special toilets, ramps etc. Even premier institution like Kendriya Vidyalaya Sangathan (KVS) have admitted before the Hon’ble Delhi High Court that they do not have any staff to take care of the educational needs of the disabled children studying in their schools. How long the rulers of this country would continue to deny the basic right to education to our children with disabilities?

It is submitted that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are out of school and are engaged in labour though their right place is in schools. Those children who are in the government school system are receiving very poor quality of education. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country.

In order to highlight the violations of the right to education of the children with disabilities, All India Parents Association (AIPA) is organizing a March to the Parliament on Saturday, February 13, 2010 from 11.00 am to 12.30 pm

DEMANDING FROM THE CENTRAL AND THE STATE GOVERNMENT TO ENSURE THAT :

· No government or private school deny admission to the children with disabilities

· All the schools whether government or private shall provide totally free education to the children with disabilities at all levels

· All schools whether government or private should have all basic facilities like, adequate number of qualified special teachers, aids and appliances, ramps, special toilet, teaching and learning material, barrier free environment etc.

· Availability of basic facilities for the disabled children in school must be made a condition of grant of recognition to the school

· Totally free health security to the children with disabilities. Schools should be so equipped with basic medical expertise that the children with disabilities may get appropriate medical assistance, guidance and advice.

The AIPA will submit a memorandum to the Hon’ble Prime Minister of India inviting his kind attention to the aforementioned demands and seeking his intervention for realization of the same.

People of all walks of life including lawyers and children in big number holding placards in their hands are expected to participate in this “HISTORICAL MARCH” to parliament on Saturday, Feb. 13, 2010 from 11.00 am to 12.30 pm.

All the lawyers are requested to join and participate in uniform in the March to Parliament for the protection of the right to education of the children with disabilities to express their solidarity with the great cause of children with disabilities.

Kusum Sharma, Advocate

President, Social Jurist

M- 09818026552

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-09811101923

Wednesday, February 3, 2010

MARCH TO PARLIAMENT FOR PROTECTION OF RIGHT TO EDUCATION OF DISABLED CHILDREN

03.02.2010


SUB: MARCH TO PARLIAMENT FOR THE PROTECTION OF RIGHT TO EDUCATION OF OVER 2 CRORES DISABLED CHILDREN ON SATURDAY, FEB 13, 2010 FROM 11.00 AM TO 12.30 PM – JOIN US AT JANTAR MANTAR AT 11.00 AM

Dear Friends,

It is shocking to know that even after 62 years of independence; over 2 crores children with disabilities of this country have totally been denied the right to education. What ever figures are available is the pointer of the fact that only less than one percent of these children with disabilities are in the mainstream school system. It is submitted that the children with disabilities are the worst sufferers as they are massively deprived of all human and fundamental rights. Interestingly, even those children who are in schools do not have basic facilities like special teachers, aids and appliances, reading and learning material, barrier free environment, special toilets, ramps etc. Even premier institution like Kendriya Vidyalaya Sangathan (KVS) have admitted before the Hon’ble Delhi High Court that they do not have any staff to take care of the educational needs of the disabled children studying in their schools. How long the rulers of this country would continue to deny the basic right to education to our children with disabilities?


It is submitted that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are out of school and are engaged in labour though their right place is in schools. Those children who are in the government school system are receiving very poor quality of education. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country.


In order to highlight the violations of the right to education of the children with disabilities, All India Parents Association (AIPA) is organizing a March to the Parliament on Saturday, February 13, 2010 from 11.00 am to 12.30 pm

DEMANDING FROM THE CENTRAL AND THE STATE GOVERNMENT TO ENSURE THAT :

· No government or private school deny admission to the children with disabilities

· All the schools whether government or private shall provide totally free education to the children with disabilities at all levels

· All schools whether government or private should have all basic facilities like, adequate number of qualified special teachers, aids and appliances, ramps, special toilet, teaching and learning material, barrier free environment etc.

· Availability of basic facilities for the disabled children in school must be made a condition of grant of recognition to the school

· Totally free health security to the children with disabilities. Schools should be so equipped with basic medical expertise that the children with disabilities may get appropriate medical assistance, guidance and advice.


The AIPA will submit a memorandum to the Hon’ble Prime Minister of India inviting his kind attention to the aforementioned demands and seeking his intervention for realization of the same.


Lawyers, parents, students, professionals, children with disabilities , NGOs, social activists and concerned citizens in big number holding placards in their hands are expected to participate in this “HISTORICAL MARCH” to parliament on Saturday, Feb. 13, 2010 from 11.00 am to 12.30 pm.



We request you to kindly join us and participate in time to make the March to Parliament for the protection of the right to education of the children with disabilities a great success.


With regards,


Ashok Agarwal, Advocate
National President, AIPA
M-09811101923