Srinagar, May 8: The Child Welfare Committee (CWC) Srinagar has found as “disproportionate/ excessive” the expulsion of two students by three prominent schools and ordered action by authorities in keeping with the mandate of Juvenile Justice (Care & Protection of Children) Act, 2015, and the Right of Children to Free and Compulsory Education Act, 2009.
In a case involving expulsion of a girl child, the CWC asked the Director of School Education, Kashmir and the District Magistrate, Srinagar “to take appropriate legal action, in accordance with the relevant laws, against both schools for unlawfully expelling the Child (girl) and denying education to her from the last one and a half years”.
The Committee called upon the Chief Education Officer, Srinagar to enrol her in a girls school in the neighbourhood where she can continue her education “without further delay”.
The girl as observed by CWC was expelled from both schools as her father, a “whistleblower and activist” had reported alleged irregularities and illegalities committed by these schools. The allegations were countered by the schools.
“The child has been put to the obvious discrimination on account of her parent’s activities, this makes the Child disadvantaged sui generis,” said the five-member CWC chaired by Dr Khair Ul Nisa (chairperson) and comprising members including Ms. Nuzhat Un Nisa, Ms. Misbah Rashid, Ms. Benish Kazmi Syed, and Dr. Shahid Ahmad Ronga, after hearing the parties and perusing the material on record.
It observed that the little “child has faced social ostracization or discrimination within the school community or broader society due to her parents/complainant’s actions, which has led to isolation or exclusion from educational opportunities”.
It found both the schools have retaliated against the Child by subjecting her to unfair treatment and denial of educational resources.
“The parent/complainant has encountered legal obstacles from both the school authorities, impacting his ability to advocate for the child’s rights and access to education”.
It said that the stress and pressure resulting from activities and subsequent marginalization has negatively affected the child’s mental well-being, “potentially impacting her engagement and performance” and declared her a “Child in Need of Care and Protection”.
The girl child was later on admitted in 2nd school two years ago. The Committee mentioned an FFRC order directing its Chairman to reduce the Annual Fee charged from the existing Rs. 4500 to Rs. 4100, in respect of ‘tie and belt’ for girls “which was never provided by the School to them”.
The Committee concluded that the School has asked certain documents like school leaving certificates after six months’ time from the complaint. “It seems to be an afterthought indicating to the fact that the demand for the production and submission of these documents was not made in good faith and is motivated by extraneous considerations”, CWC said.
Meanwhile, the CWC in a separate order found the decision by another prominent school to discharge/expel another student as disproportionate and excessive.
“Having regard to the fact that it has already been several months from the date student/CNCP has been suspended and has already missed several class lecturers, the Chairman and the Principal of (the school) are hereby directed that CNCP (student) be reinstated in the school and his suspension order be revoked with immediate effect,” the CWC said, adding, “Moreover, the school should work closely with child’s father and relevant professionals to ensure his well-being and academic progress.”
