Nearly 12,000 Right to Education violations in Delhi

New Delhi : Since its implementation almost a year ago, nearly 12,000 cases of violation of the Right to Education (RTE) Act have been registered in the capital by a child rights body. There were cases of corporal punishment, denial under the Economically Weaker Section (EWS) quota and mental harassment among others.

Amod Kanth, chairperson of the Delhi Commission for Protection of Child Rights (DCPCR), said the body had registered a total of 11,725 cases pertaining to violation of the RTE Act in Delhi until February this year.

"As per the RTE Act, DCPCR monitors its implementation in Delhi. We have registered cases which involve violations of at least 20 kinds, like screening tests before admissions, corporal punishment, admission denial, mental harassment and others," Kanth told IANS.

The RTE Act, implemented April 1, 2010, promises free and compulsory education to children between ages six and 14. Among other things it says no child shall be denied admission for lack of documents or if the admission cycle in the school is over. Disabled students should also be enrolled in mainstream schools.

Also, while the provisions of the RTE Act are applicable for kids up to Class 8, the Delhi government wants to extend its scope till Class 12.

Complaints are pouring in.

"Initially, we had taken suo motu cognisance of media reports, but gradually parents started approaching us and now it seems like the floodgates have opened. Wherever required, we approach the school authority concerned and the compliance level is as high as 95 percent," Kanth said.

While the nature of violation is varied, most of the complaints coming to the DCPCR are denial of benefit of EWS quota. Schools are supposed to reserve 25 percent of its seats for economically weak sections of society.

"Complaints to do with the EWS quota are the highest and pertain to private schools. For example, last month the father of an eight-year-old approached us after his child was denied the benefit of freeship under the EWS category. They were not well-to-do and the man had to sell off everything because of a crisis," a DCPCR official said.

The case was resolved after the commission intervened and issued a notice to the school.

"Then again, there were complaints that after obtaining registration form free of cost, parents were not invited to witness the draw of lots under the EWS category. Taking cognisance of the matter, notices were issued against such schools," the official added.

Recognising education as a fundamental right of a child, the commission intervened when a public school in east Delhi threatened to expel a child over non-payment of his school fee.

"Both the parents of Mayank Singh are in prison and there is no other earning member in the family. So issuing a notice over non-payment of fee was not just. We issued a notice to the school after which he was allowed to continue studying in the school free of cost," the official said.

The issue of corporal punishment was addressed in yet another case when a student of a reputed public school in Karol Bagh was beaten up by his mathematics teacher for not taking private tuition with him. After the commission's intervention, the teacher, whose services were on a contract basis, was terminated.

There was also a case of molestation of a girl child in a government senior secondary school in Srinivaspuri in south Delhi. The commission issued a notice to the school, after which the education department conducted an inquiry. The charges were proved and both the erring teacher and the principal were suspended.

"With the commission's intervention, 3,216 children have been enrolled in schools in Delhi," Kanth said.

The main reason for these violations, Kanth said, is lack of awareness among teachers, school authorities and parents alike. To do its bit, the commission has been conducting awareness programmes for teachers and others on the RTE Act.

"Teachers and schools have to realise that nearly half a million children in Delhi alone are out of school and most of them are homeless, working children and it is their responsibility to bring those children to school. Across the country, the number is nearly 60 million," he said.

"The role of voluntary organisations is important in this, but it is not mentioned in the RTE Act," Kanth added.

"It's a good sign however that people are slowly becoming more aware of their rights under the RTE Act. And we can say that because the frequency of complaints has increased manifold," he said.

http://twocircles.net/2011mar27/nearly_12000_right_education_violations_delhi.html

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School admission age fixed

The Delhi Cabinet on Monday fixed the minimum age for admission to Nursery class at four years (on March 31) and for admission to Class 1 at five years. It also decided to allow running of play schools by public schools that have the necessary infrastructure and to have round-the-clock security at all the Government schools.

Following the meeting that was chaired by her, Chief Minister Sheila Dikshit said pre-primary education would now be uniformly of one-year duration and it would be immediately before Class 1. Stating that this class would be uniformly known as pre-primary, she said the cut-off date for calculation of age would be March 31 of the year of admission.

Hence a child should have completed a minimum of five years on or before March 31 of the year of admission to get entry into Class 1.

The Chief Minister said the Cabinet also decided that the schools possessing necessary infrastructure facilities would also be allowed to open pre-school classes for children below the age of four years.

However, the age for admission to pre-primary class would continue to be four years.

It was mentioned that the Department of Education would also introduce a one-year pre-primary class in all Government schools within three years and for this an expenditure of Rs.15 crore has been earmarked. The introduction of pre-primary class would require additional classrooms and recruitment of teachers in 365 Sarvodaya Vidyalaya.

Ms. Dikshit said as far as the procedure for admission to Nursery class is concerned, the Delhi Government has decided to make the entire process transparent and objective. The time schedule for Nursery admissions and admission process would be uniform and time-bound for all schools. This process would begin from the first week of December and all schools would display the list of selected children as well as waitlisted children by February 15.

They would also adopt a standardised registration form to elicit answers from the parents.

The Chief Minister said the concept of interviewing the children would be completely done away with and it had been decided that there would be no observation of children either in formal or informal conditions to decide their admissions. While parents would be given sufficient time to pay the fee, to ensure transparency the schools would be required to display on their website the list of selected candidates with weightage points, cut-off point and the date for draw of lots at the last stage to break the tie, list of wait-listed children with details and list of all other registered children with details of weightage point.

The Chief Minister said that to provide proper security and safety in Government schools, the Cabinet has also approved the hiring of security guards by the Directorate of Education from agencies empanelled by the Directorate-General of Resettlement, Ministry of Defence.

Regarding admission under EWS Quota

Dear Friends,

Although Right to Education is a Fundamental right but at the ground level the scenario is very bad, the underprivileged groups are always discouraged. Education brings changes, it gives freedom of speech. Poverty is not the reason for depriving the child from education, but lack of awareness is the basic root cause for illiteracy. We need to fight for our Fundamental Rights.

In Delhi around 394 schools have acquired free land from the D.D.A and L & D.O on the condition of providing free education to unprivileged children of society. It was agreed that they would be given fair and equal education as children from privileged section of society without any prejudice and discrimination, but no school has abided to this condition.

Gyan Lakshay (N.G.O.) is continuously tracking all these admission processes and we have come to know that due to lack of awareness about rules and regulations issued from time to time by respective Government authorities people have faced many difficulties in seeking admission for their ward in the schools, therefore to extend support to the people Gyan Lakshay (N.G.O.) is going to start a HELPLINE. By contacting on below mentioned numbers they will not only be made aware about regulations but also they shall be assisted to get the admission in proposed schools.

HELPLINE No. are 25281244, 9212200559.

GYAN LAKSHAY (NGO)

5-A, DSIIDC Community Work Centre,

Lal Building, Jawala Puri, Sunder Vihar,

New Delhi-110087.

After RTE, no quota for MPs in Kendriya Vidyalayas: Sibal

Government has abolished MPs’ quota in admission to the Kendriya Vidyalayas after enactment of the Right to Education Act that reserves 25 per cent seats in the school for local students.

Replying to supplementaries during Question Hour, Human Resource Development Minister Kapil Sibal said the MPs could earlier nominate two students from certain sections of society to KVs.

Under the Right to Education Act, 25 per cent seats in Kendriya Vidyalaya have been reserved for civil category -- for people in 3-km radius of the school, he said.

Explaining the reason behind abolishing the quota, Sibal said many people had approached him saying they did not know any Member of Parliament but wanted students’ admission. “I can’t answer them.”

Against 2,800 students that MPs could nominate in 977 Kendriya Vidyalaya in the country, the Act now provides for reservation to 25,000 students (considering 10 lakh students study in KVs), Sibal said.

The move to abolish MPs quota was strongly protested by members cutting across party line. Ruling Congress, SP and BJP members led vociferous protests but the Minister was unrelenting.

“It is evident that members want right above citizen,” Chairman Hamid Ansari observed asking members to resume their seats.

Earlier, Sibal said the Right of Education Act stipulates that no entry test is conducted for admission to Class 1-8 and Kendriya Vidyalaya admission process was being tuned to the new regulation.

There are 977 functional Kendriya Vidyalayas and 576 functional Jawahar Navodaya Vidyalayas in the country.

Violation of the provisions of “The Right of Children to Free and Compulsory Education Act, 2009 & DSE Act-1973.”

To,
The Member Secretary,

Delhi Commission for Protection of Child Right,

5^th Floor, ISBT Building, Kashmeri Gate,

New Delhi-110006

Sub: Representation regarding gross injustice to Lakshita Singh, a candidate for admission to EWS Nursery in Richmond Global School by adopting deliberate and illegal means.

2. Violation of the provisions of “The Right of Children to Free and Compulsory Education Act, 2009 & DSE Act-1973.”

Respected Sir/Madam,

We are the parents of single daughter Lakshita Singh, our family lives in J.J. Colony Jawala Puri, Delhi and belong to SC (Raiger) category, who is a candidate for admission to the EWS Nursery in above school. We bring to your kind notice, the following few facts for immediate and necessary action:

That for our daughter, Lakshita Singh, born on the 23rd of November,2006. We are trying to admission in Richmond Global School of neighborhood this year 20011- 12 sessions & getting a EWS nursery admission form from the school’s security guard & applied through the proper process of above school for admission in EWS Nursery. We had completed all the mandatory formalities as per the admission guidelines, but the above school was neither the acknowledgements were not given to us nor were they informed about the date of draw.

We come to know through our friends that the Richmond Global School ‘s draw of lots on 07/02/2011, then we reached the above school and we were surprised to see that the school gates were closed & parents were not allowed to enter the school, we request to gate-man for open the gate, gateman ignore our request, we are just fighting for our right so then we call the Police Control Room, on phone informed to Smt. Shukla Malhotra (9818335215) DDE (West-B), & Press Media against violation of RTE-2009 & DSE Act 1973. If they were nothing to hide, why the school gates closed & stopped the parents on draw time? It is serious violation of RTE-2009 & DSE Act 1973.

After some time came the local Police then gatekeeper open the gate and parents enter the school premise on draw spot, but present parents shocked then the staff there put the chits in a box on their own without showing them to parents. The chits were then drawn from the box by them. Who knows if the chit with their child's name was even put in or not? During draw some children’s name become twice & three times, parents oppose this bungling then management says “SORRY”. Although a large number of Parents required checking his ward’s name in draw box, but school management ignored the Parents demand. If they were nothing to hide, why not show the child name chit? Result was very unfair. This is purely a violation of rules.

Thereafter NDTV reporter Ms Aanchal Vohra came to on the spot but school management deny meeting her. We tried to meet the school principal, we was not allowed to do so by the staff. . After getting no response from the school authorities, all Parents lodge the FIR in Police Station Miyanwali Nagar, against Richmond Global Public School, Miyanwali Nagar,Rohtak Road, New Delhi-87, & our written complaint through Gyan Lakshay NGO submitted to DDE (West-B), Vikash Puri, against serious violation of their Right to Education.

It is clear from the above-mentioned facts and circumstances that the EWS student’s parents are being harassed /exploited by the above school & writing down everything here is not possible. It is serious violation of RTE-2009 & DSE Act 1973.

Therefore, we request you to kindly investigation by fair and independent agency & look into the matter seriously, and take the proper action on these culprit officers.

Thanking You.

With Regards,

DHARMENDER SINGH ( Father of Lakshita Singh )
Rajni Singh ( Mother of Lakshita Singh)
B-618, J.J. Colony Jawala Puri,

Sunder Vihar New Delhi-110087.

Mobile No.: 9212003197.

RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009

RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009

INTRODUCTION

The framers of the Constitution in their wisdom chose to include education in the Directive Principles of State Policy and not in the section on fundamental rights and correspondingly Article 45 stated that: “The State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” However education remained a neglected area of state policy with universalization of elementary education continuing to be a distant goal. Efforts from educationists, academics and civil society groups that focused on a rights based approach finally yielded results in 2002, when the 86^th Constitutional Amendment was passed by Parliament and Article 21A, which makes right to education a fundamental right, was included in the Constitution. In so doing it put the Right to Education on par with the Right to Life stated in Article 21. Article 21 A states: "the state shall provide free and compulsory education to all children of the age of 6 to 14 years as the state may, by law determine".

Following from this a Right to Free and Compulsory Education Act (RTE) was drafted and passed in Parliament on August 27, 2009 (notified on February 16, 2010 to come into effect from April 1, 2010).

MAIN FEATURES OF THE RTE:

1. Makes Elementary Education Free

2. Makes Elementary Education Compulsory for the State to provide

3. Mandates education of children along their peer age group (“age-appropriate”); provides for “special training” to facilitate age appropriate education

4. Sets quality norms for all schools

5. Sets qualification and working norms for Teachers in all schools

6. Mandates curriculum in all schools to be in consonance with Constitutional Values

7. Mandates a system of evaluation that is free of the oppression of annual exams

8. Enhances role of PRIs in implementation as well as grievance redressal.

9. Mandates participation of civil society in the management of schools; makes teachers accountable to parents and the community

10. Democratizes education delivery in the country by mandating 25% reservation for children from weaker sections in private schools.

11. Protects children from labour, marriage, exploitation, discrimination, abuse, violence and neglect.

12. Separates agency for implementation of Act (Education Department) from agency charged with monitoring the implementation of the Act (NCPCR)

1. Free Elementary Education for ALL children in age group 6-14 years in a neighbourhood school.

What does “free” mean?

According to the Act, no financial constraints can “prevent” a child from a enrolling, attending and completing elementary education. In other words, if a child lives in a remote area, providing free transportation (or a residential facility or some other facility) will be part of the child’s entitlement to education; if a child is disabled and needs crutches to walk to school then crutches, or some other facility that enables him to go to school will be part of his entitlement under the Act.

What is elementary education?

Elementary education is 8 years of education corresponding to classes 1-8. This in most cases includes children between 6-14 years, but in states that start at 5 years and go up to class7, RTE would still extend to class 8.

What is a neighbourhood school?

The neighbourhood has been given a wide definition in the Model Rules of the Act. Ordinarily it is 1 km walking distance from the habitation of a child at the primary level and 3 km for upper primary level. However, in areas with sparse populations, or those prone to natural disasters or with difficult terrain or civil unrest, this limitation may be changed and transportation or residential facilities provided to children so that their education is not interrupted or disrupted.

2. Compulsory Elementary Education. The word compulsory has implications for the government alone. In other words while it is the DUTY of the parent to send their children to school (Article 15k) it is the OBLIGATION of the government to ensure not just enrolment but attendance and completion of elementary education. This implies that the government
1. Must identify all children that are out of school or dropped out
2. Make sure that they are enrolled in school
3. Make sure they attend school on a regular basis
4. Make sure they complete the elementary cycle of education.
5. If parents are reluctant to send their children it is the responsibility of the government to find a way of convincing the parents, without use of force/ violence/pressure to send their children to school.

3. Age Appropriate Education.
1. This means that children will be enrolled in the class that corresponds to their age. In other words, if a 10 year old has not been to school or dropped out earlier, she will be enrolled in class 5.
2. To enable the 10 year to cope in class 5 “special training” will be provided on the premises to bring the child up to the age appropriate level.

4. Quality Norms for ALL schools. The Act lays out some basic norms for all schools (government and private):
1. Pupil- Teacher Ratio (cannot exceed 1:30)
2. Minimum days of school functioning in a year (200 and 250 for primary and Upper Primary, respectively)
3. Minimum hours of instruction in school (4 and 5 hours a day for primary and UP)
4. Minimum working hours for the teacher (45 hours a week)
5. Separate subject teachers and head-teacher
6. One room for every teacher
7. Separate and functional toilets; clean and adequate drinking water
8. Playground, boundary wall, library, kitchen

5. Qualifications for Teachers.
1. Para Teachers banned
2. All teachers must subscribe to minimum qualifications and training norms laid out by Academic Authority within 5 years.
3. Teacher education and Teacher training institutes to be upgraded to enable fulfillment of quality and qualification norms for teachers.

6. Curriculum in line with Constitution.
1. This means that curriculum, syllabus and books must conform to Constitutional values. It implies that communal and harmful agendas cannot be part of the materials used and taught in ANY school of the country.
2. Syllabus and Books must also take into account age and learning levels of children

7. Evaluation system to be based on principle of Continuous and Comprehensive Evaluation (CCE).
1. No failure till completion of elementary cycle
2. Evaluation to be done throughout the year and not be based on an annual exam.
3. Teachers to maintain PUPIL CUMMULATIVE RECORD (PCR) for every child.
4. Evaluation to be on “comprehensive” performance of child, reflecting all facets, talents of the child and not be based on just a few subject areas. The PCR to include music, theatre, leadership skills, social skills etc., as well.

8. Role of Panchayati Raj Institutions:
1. The PRIs have been given a wide range of functions related to the implementation of the provisions of the RTE, such as identification of out of school children; neighbourhood-wise school mapping; maintenance of child records (child-tracking) public display of information; education of children from migrant families; participation in School Management Committees (SMCs)
2. PRIs have also been made responsible for grievance redressal in matters related to violations of the rights of the child under RTE.

9. Participation of Civil Society
1. School Management Committees consisting largely of parents (75%) and of PRIs officials and civil society partners have been given a wide range of functions under the Act, including the preparation of the School Development Plan
2. Teachers have been made accountable to the SMCs.

10. Reservation in Private Schools
1. All private schools are required to admit in their incoming class 25% children from weaker sections and socially disadvantaged groups from their neighbourhood.
2. Limits of definition to be extended if 25% seats are not being filled within the standard limits of neighbourhood.
3. Private schools to be reimbursed for these children by the government at the rate of per learner costs of government schools in the state.

11. Separation of Implementation and Monitoring Agency.
1. Implementation responsibilities lie with the education departments in conjunction with the PRIs
2. Monitoring role has been given to the National Commission for Protection of Child Rights (NCPCR) and the corresponding State Commissions.
3. This separation is very important and a first in the history of such legislations and allows for independent monitoring of the implementation of the Act.
4. NCPCR/ SCPCR have quasi-judicial powers and can function as a civil court. Complaints and grievances can be addressed to them as well.

Delhi: Unable to go to school, 14-yr-old commits suicide

Publication: NDTV
Date: Tue, 2011-02-22

New Delhi: There is growing anger over public schools violating the Right To Education Act (RTE) after 14-year-old Algin Varghese committed suicide for not paying his school fees in the Capital last week.

Twenty-five per cent free education is mandatory for students of Economically Weaker Sections (EWS). Activists say such students are often harassed. Members of the All India Parent Association of India protested outside the Delhi police headquarters.

"Police hasn't registered a case yet. It's a clear case where the school has troubled Algin, harassed him and that played on his mind and made him commit suicide," said Ashok Agarwal, Parent Association of India, President and RTE Activist.

Algin was studying in VIII standard and was given free education at the Adrash Public School in Uttam Nagar. His mother was working as a temporary staff. She was asked to leave on the promise that Algin could continue studying. After the Right To Information Act was implemented, Algin was part of the Economically Weaker Sections (EWS) list. His father alleges the school asked him to pay up or leave.

"He was harassed in school. The Hindi teacher beat him. But he was really depressed after he was not allowed into school. The principal told me the school will not allow him to appear for the exams if we did not pay up fees,'' said Algin's father PK Varghese.

Principal of Adarsh Public School, Usha Sahgal said, ''He has been given free education. He is on the EWS list. Why will we dismiss him?"

However, Algin's friends admit he was often punished at school. And when seven students were suspended from school initially, only Algin wasn't taken back.

"This is the negligence of the police. Had they seized the documents earlier it wouldn't give the school a chance to manufacture and forge documents, which they have now done," Ashok Agarwal added.

Activists call it the Rouvanjeet Roula case of Delhi and the parallels are hard to miss. The only difference is that so far not even a case has been registered after Algin's suicide.

Source: http://www.ndtv.com/article/cities/delhi-unable-to-go-to-school-14-yr-old-commits-suicide-86965

Right to Education

http://www.ccsindia.org/ccsindia/interns2010/supriya-narang-monitoring-the-right-to-education%20.pdf