Child should not be denied education because of family circumstances: High Court

A child should not be allowed to be deprived of education because of family circumstances as an educated child becomes an asset to the nation, the Delhi High Court has said, holding that any minor who is in jail because of the parents’ There should be no loss on the education front. The observation was made by the High Court, which took suo motu cognizance of a minor girl’s admission to school during the hearing of a bail plea as her parents are in judicial custody for their alleged involvement in the murder of an old woman. . Whose body parts were chopped off and thrown into the drain.

It directed the concerned SHO to get the child admitted in the school adjacent to the senior branch of the school in which his elder sibling is studying and asked the principal to extend full cooperation for admission. In my opinion, education is the first step towards tackling social evils, especially poverty, inequality and discrimination. Every child irrespective of caste, religion, gender or economic background has been guaranteed the right to education. Justice Swaran Kanta Sharma observed that an educated person can first take decisions after thinking for himself and then be able to contribute constructively to the progress of the nation and society.

The High Court in its order also said that once it comes to the notice of the court that a child or a person is deprived of a fundamental right, the courts have to ensure that the fundamental right is enforced and that there is no impediment to it. Not there. For anyone to enjoy it. Right education Every citizen has a guaranteed fundamental right under Article 21A of the Constitution. A child should not face the consequences, as their parents are in judicial custody for an offense which is yet to be ruled by the court. This court is bound to enforce the fundamental rights of every citizen and the right to education of the child in this matter, it said. The girl’s mother had sought interim bail as she had to come out of jail to get her eight-year-old daughter admitted to a school here.

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The woman, whose interim bail plea was earlier rejected by a trial court, informed the high court that her elder daughter is studying in a municipal school here and her younger daughter should also be admitted to nursery class there. The investigating officer of the case told the High Court that according to the school principal, the child can be admitted only if he has a certificate from a government institution containing his date of birth and the same can be obtained by a local guardian of the minor. admitted to school.

The High Court held that the child is an individual Indian citizen who enjoys his fundamental rights and the right to education is one of them. In the present unpleasant situation of the matter, the court has to be the voice of the voiceless child. The parents are in judicial custody and the major concern of the parents is the education of the child. “It is not only in matters dealing with family disputes that the rights and welfare of the child must be considered, but in the present cases also, the courts can act as the parents of the child and ensure that The child is not deprived of the fundamental right to education.

No child should be allowed to be denied education because of family circumstances. The High Court said that an educated child educates the whole family and becomes an asset to the nation. It said that in the present case, where the child’s right to education is at stake, it is imperative that the court intervenes in time and upholds the right envisaged in the Constitution to safeguard the future of the child.

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It said that the child should be admitted to a school at the earliest so that the shadow of any untoward incident does not fall on the life of the child to tarnish his future and took suo moto cognizance of facilitating the admission of the child to the school so that The child should not lose in the current academic year 2022-23. The High Court sought a compliance report within 10 days and observed that the girl’s identity is not being mentioned in this order to protect her privacy and dignity.

As the woman was seeking interim bail to fulfill her responsibilities as a parent and get her child admitted to the school, she expressed satisfaction over the High Court order and withdrew her petition.

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