Wednesday, August 15, 2012

SENIOR CITIZEN HAS A LEGAL RIGHT TO FREE MEDICAL TREATMENT IN GOVERNMENT HOSPITALS


VIOLATION OF RIGHT TO HEALTH OF OLD POOR PATIENTS - Despite provisions in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to provide medical support for senior citizens through Government hospitals or hospitals funded fully or partially by the Government, these two poor women of 70-75 yrs old suffering from eye ailment are denied free treatment by the Delhi Government run Guru Nanak Eye Hospital. The hospital is delaying operation asking these old women to first deposit Rs.5000/- each with the hospital. Are poor counted in this country except for votes?

Tuesday, September 21, 2010

SLOW LEARNER STUDENT HUMILIATED BY TEACHERS - PARENTS LODGE COMPLAINT TO SCHOOL PRINCIPAL & AIPA

To, Date:-20th Sep. 2010
The Principal
GLT Saraswati Bal Mandir, New Delhi
Nehru Nagar,Lajpat Nagar.
New Delhi – 110024.

Subject: - Regarding misbehaving with my son SIDDHARTH MUKHERJEE

R/Sir,

It is known to you that my son Siddharth Mukherjee is studying in your school since 2008. It was brought to your notice that my son is a slow learner. The Doctors have advised not to give him mental torture. I respect your advice and according to your advice I allowed my son to repeat class 9 this year. Since last year, I am facing problems with your teachers. So many times it was reported to you that some teachers are teasing my son and calling him (PAGAL) .On 18th Sept. 2010, he went to appear in science examination. One lady teacher was there as invigilator. She gave him the examination copy of low standard class by saying this that “YEA PAGAL KAYA LIKHEGA” in front of all the students and all the students laugh over this. My son felt very bad over this and after returning, it was reported to me. I think the teachers are not well trained and well qualified. They should be warned that in future they should not use this language. It is needless to say that the said acts of the teachers tantamount to corporal punishment which is not only inhuman but prohibited by law and the erring teachers are liable to disciplinary action as well as criminal action.


As it is known to you that my self is a Graduate Engineer and my wife is M.Sc. (B.Ed.). I did my BE in (Mech.) In year 1979 and having 30 years of experience in this field ,I am an Indian expert in Coal Bed Methane Exploration (Natural Source of Gas Energy).At present I am working with Arrow Energy as Chief of Drilling (INDIA) .It is the biggest Australian company for CBM Exploration. I am getting disappointed when ever I am finding that your teachers are behaving this way with my son.


I hope you will take appropriate action against the erring teachers and ensure that no one in future misbehaves with my son in the school.

Thanks,
Yours Faithfully

S D Mukherjee
Chief of Drilling (India)
Arrow Energy (India)
F/O Siddharth Mukherjee
Class: - Ninth Section:-F
C.C.
Advocate Ashok Agarwal
National President, All India Parents Association.
483,Block II, Lawyers Chambers, Delhi High Court, New Delhi-110003 with a request to help the child.

No one here to teach disabled students – Delhi HC issues contempt notices to Delhi chief secretary, MCD chief

The Delhi High Court on 20.09.2010 issued notices to Chief Secretary Rakesh Mehta and Municipal Corporation of Delhi (MCD) Commissioner K S Mehra on a contempt petition filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that Delhi Govt and MCD were required to recruit 6000 special teachers for their 3000 schools for education of disabled students which they have failed to do.

The petition states that the government and the corporation had failed to comply with a court order directing them to appoint at least two teachers for disabled students in each of their schools and to provide necessary teaching aids and reading material to the disabled students within six months. Justice G.S. Sistani asked Mehta and Mehra to file a compliance report within four weeks, failing which; they would have to appear in court.

The PIL was filed in 2009 seeking directions to provide trained teachers, including those qualified in sign language and Braille, for students with disabilities like blindness, hearing impairment and mental retardation. It also sought a barrier free environment in schools for students with disabilities, special toilets, books, including reading and writing material in Braille, and other equipments needed for the education for the blind students.

According to the PIL, thousand of students with disabilities and particularly those suffering from blindness, hearing impairment and mental retardation were studying in the 1,000 Delhi government and 1,800 MCD schools, without specially trained teachers. ‘In the absence of special educators, the children with disabilities who are already in the schools are dropping out and other children with disabilities do not dare to go to school,’ said Ashok Agarwal, counsel in the case.

The next date of hearing is Nov 10, 2010.

Ashok Agarwal, Advocate
M-09811101923
21.09.2010

Saturday, December 20, 2008

MCD PRIMARY SCHOOL NEGLECTS MUSLIM STUDENTS

Justice Rajender Sachar Committee Report on Social, Economic and Educational Status of the Muslim Community of India (November 2006) says that as many as 25 percent of Muslim children in the 6-14 year age group have either never attended school or have dropped out. Following the recommendations of this Committee, the Government of India came up with an ambitious plan of action to improve the lot of the Muslim community. However, such plan has remained elusive so far.

MCD Primary School, IInd Shift, Main Road, Zafrabad, Delhi-53 is an Urdu Medium School having an enrolment of around 800 underprivileged Muslim students in Classes I to V. There are eight regular primary teachers plus six contract primary teachers plus one Principal, namely Shri Sirajuddin (M-9211534490) in this school. The students from the beginning of the academic year i.e. April 2008 were totally deprived of the benefit of all these eight regular primary teachers since these teachers were deployed to other non teaching work by the Government. These teachers were exclusively deployed for child census work in the month of April. May-June was school holidays. From July to November, they were deployed for Delhi Election work and from 30.11.2008 they have been deployed on election duty in Jammu and Kashmir and nobody knows when these teachers would return to school to teach the students.

In such horrible conditions, how we can expect these students to receive good quality education so to compete with their counterparts studying in fee charging private schools. It is a hard reality that the system is so designed by the rulers that the students belonging to the underprivileged sections are bound to be arbitrarily and unjustly discriminated and deprived of their basic educational rights. The Social Justice philosophy of our Constitution has been breached as a rule and followed in practice in exception.

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
19.12.2008

Tuesday, May 6, 2008

Undignified manner of the distribution of food to the homeless street children


06.05.2008
To

The Chairperson
National Commission for Protection of Child Rights
5th Floor, Chandralok Building
Janpath, New Delhi-110001

Sub: Complaint regarding undignified manner of the distribution of food to the homeless street children in violation of their right to life with dignity

Respected Madam,

I would like to bring to your kind notice that I have come across a photograph appeared in a leading newspaper, The Hindustan Times, New Delhi dated 20.04.2008 (copy enclosed hereto) which depicts that the food was being distributed by Mr. Yoganand Shastri, Hon’ble Health Minister of Delhi and others amongst the homeless street children in full public view. The following was written below the photograph, “Street children are being fed lunch as part of Aapki Rasoi, conceived by the Delhi Government, an effort to eradicate hunger from the streets of the Capital. Everyday voluntary groups will provide a meal to the poor and homeless across the city. The Hindustan Times has adopted the night shelter at Jhandewalan. Lunch will be distributed for free near this night shelter from 12 pm to 1 pm every day”.

I may submit that my grievance is not at all against the distribution of food amongst the homeless street children but against the very manner in which it is done. The very fact that the food being served to the homeless street children in full public view and the publication of their pictures erodes the dignity and self esteem of the children. The given manner of the distribution of food is nothing but humiliation, degradation and insult to the children because they were not fortunate enough like other children of their age born in the privileged families. It is needless to say that the right to food is a fundamental right of every citizen and treating it ‘a charity’ is unacceptable.

It is submitted that under Article 21 (Right to life and dignity) of the Constitution of India, it is a matter of right, and not charity, of every citizen of India to have food, shelter and life, with dignity. Further, apart from Article 21 of the Constitution, the Hon’ble Supreme Court has also in number of orders laid down the same. The right to life with dignity is also provided in various international conventions and treaties, including UN Convention on the Rights of the Child, 1989 to which India is a signatory and, thereby, bound do follow the same.

The attention is invited to Article 16 of the UNCRC, which reads as under: -

“Article 16

1.No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.


2.The child has the right to the protection of the law against such interference or attacks.”

It is submitted that most of the politicians, bureaucrats and businessmen in this country very often use to adopt similar practice to get cheap publicity at the cost of child rights. It is, therefore, necessary that NCPCR may issue some guidelines to all the concerned including media and the government so such things are not repeated in future. There is also a need of banning such practice by law.

It is, therefore, requested to look into this matter on urgent basis and to take all necessary steps to protect the child rights. It is suggested that all the organizers of the programme may be asked to give public apology for their omission and commission resulting in violation of the child right to life and dignity.


With regards


Anuj Aggarwal
Advocate
Advisor, Social Jurist
M: 9891403206

Sunday, May 4, 2008

Indian Govt. School- Dropout girl student denied re-admission‏


28.04.2008
To

The Secretary (Education)
Govt. of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-110054

Subject: Dropout girl student denied re-admission in Govt. Sarvodaya Kanya Vidyalaya, Dhallupura, Delhi.

Dear Madam,

We have the honor to bring to your kind notice that 13 year old girl, namely, Soni had been studying in Govt. Sarvodaya Kanya Vidyalaya, Dhallupura in class VII during the academic year 2007-2008. While she was studying in the school, parents stopped sending her to school and forced her to help them in selling vegetables. This resulted in striking off her name from the rolls of the school.

On being persuaded by one of our Education Volunteer, namely, Mrs. Kamala Sharma (mob: 9999220481), the parents agreed to send Soni again to school. Soni is also very anxious to continue her studies.

Soni, Soni’s mother along with Mrs. Kamala Sharma approached the concerned teacher (Sushiela madam) on 07.04.2008 requesting her for re admission of Soni in class VII. Sushiela madam told Soni to come to school on the next day (08.04.2008) and attend her classes.

On 08.04.2008, Soni along with her mother went to the school and met the principal. At that time one Teeko madam came in the principal’s room and told the principal that “leadero ko lekar aajati hai,isse admission nahi dena” (she brings leaders along with, make sure not to provide admission to her). The principal also repeated the same thing and denied re-admission to Soni. Feeling humiliated and embarrassed, tears started rolling down from Soni and her mother’s eyes’.

In this background, Soni has given me a complaint in writing on 08.04.2008. The said complaint is enclosed hereto for your kind perusal.

It is unfortunate that the head of the school and other teachers do not understand the serious consequences of keeping a girl child out of school. You can now again see Soni on the vegetable Rehari (barrow) helping her parents in selling the vegetables in front of Deluxe Apartments, Vasundhara Enclave, Delhi.

It is submitted that Soni has a fundamental right to education and the school was totally unjustified in denying re admission to her. It is a very serious matter. I do not know how many children like Soni are denied admission or re-admission by your schools everyday.

It is, therefore, requested that immediate action may be initiated in this matter ensuring forthwith re-admission of Soni in class VII in the Govt. Sarvodaya Kanya Vidayalaya, Dhallupura. Appropriate action may also be taken against the erring officials responsible for the aforesaid omissions and commissions.

Thanking you


With regards



Ashok Agarwal, Advocate
Advisor, Social Jurist
Mob: 9811101923