In the Court of State Commissioner for
Persons with Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No.
602/1111/2018/11/779-783 Dated:11.02.2019
In the matter of:
Sh.
Virender Singh, Smt. Poonam and
Sh.
Omkar Singh
N-34,
Naveen Shahdara,
Delhi-110032. ..…… Complainant
Versus
The
Director,
Directorate
of Education,
GNCT
of Delhi, Old Sectt.,
Delhi-110054.
...…Respondent No. 1
The
Principal,
Rashtriya
Virjanand Andh Kanya
Uchchatar
Madhyamik Vidyalaya,
J-Block,
Vikas Puri, New Delhi – 110018. ……..Respondent
No.2
Ms.
Sangeeta Chopra,
President
(Rashtriya
Virjanand Andh Kanya Society),
E-59,
Panchsheel Park,
New
Delhi – 110017. ……..Respondent
No.3
Ms.
E. Chaudhary,
Secretary,
Rashtriya
Virjanand Andh Kanya Society,
J-Block,
Vikas Puri, New Delhi – 110018. ……..Respondent No.4
Date
of hearing: 22.01.2019
ORDER
Sh.
Virender Singh, Local Guardian of Ms. Bhawna, a person with blindness vide his
complaint dated 27.11.2018 submitted that Km. Bhawna, an 11 year old girl is
the daughter of his wife’s sister, who lives in Bulandshehar (U.P.). She was admitted in Rashtriya Virjanand Andh
Kanya Vidyalaya at Rajinder Nagar, New Delhi in Class-I in the year 2012. On her promotion to Class-VI, she was shifted
to Rashtriya Virjanand Andh Kanya Vidyalaya at Vikaspuri, New Delhi. The society runs schools with hostel for
children of Class-I to V at Rajinder Nagar and for children of Class-VI to
Class-XII at Vikaspuri. In August, 2018, the school authorities called
them and informed that Km. Bhawna had been expelled from school as-well-as the
hostel allegedly for stealing money without giving anything in writing.
2. The
complaint was taken up with respondents vide notice dated 03.12.2018 under the
Rights of Persons with Disabilities Act, 2016, hereinafter referred to as
‘Act’.
3. The
DDE, Zone-18 vide letter dated 17.12.2018 informed that Rashtriya Virjanand
Andh Kanya Vidyalaya is a recognized govt. aided school. Km. Bhawna was expelled from the school and
the residential hostel facility on the ground of stealing money/theft. The Principal of the School, Manager and
Chairman of Managing Committee are the sole authority to maintain the school,
building, accommodation, hostel facility, recreation and security of girl child. He sought more time to examine the matter and
to submit report after the approval of the competent authority. As there was no response from the respondent
no. 2, a hearing was scheduled on 04.01.2019.
4. During
the hearing, the complainant reiterated his written submissions and added that
there was no complaint whatsoever about stealing or any misconduct by Km.
Bhawna at Rajinder Nagar School during the past 5 years. When they were called to the school, they
pleaded with the concerned authorities for not expelling Km. Bhawna from the hostel
but they did not get any relief. It is
not possible for Bhawna’s parents who live in Bulandshahar to make arrangements
for sending her to the school. It is not
possible even for them to make commuting arrangement from Shahdara where they
reside.
5. Representative
of Directorate of Education reiterated the written submissions and added that
the Chairman and other functionaries of the school were called for meeting in
the Dte. of Education to resolve the matter.
While the Principal went for the meeting, the Chairman and other
functionaries of the society did not come even after repeated requests. They have now been requested to indicate a
convenient date for a meeting. He also
clarified that the Dte. of Education gives aid only for education of children
in the school and not for the hostel. The Department has also not given any licence/permission for running the
hostel. It is the sole responsibility of
the society to run and manage the hostel.
6. Dr.
Shamim, HoS submitted that she and Manager of the society have already given
their reports to Deputy Director of Education, Zone-18, Vikaspuri in response
to his letter dated 17.12.2018. She
submitted copies of letters dated 18.12.2018 and 20.12.2018 sent by the Manager
and herself respectively to the Deputy Director of Education, Vikaspuri. Both of them have opined that Km. Bhawna
should be given one more chance as the school and the hostel are for children
with visual impairment. She also
clarified that the hostel is being managed by a separate set of functionaries
of the society. She, as the HoS has no
role whatsoever in the affairs of the hostel.
As per her knowledge, the hostel is being run and managed with private
donations and there is no contribution of Government.
7. It
was observed from the photocopy of the Daily Class Attendance Register that Km.
Bhawna’s name appeared at S.No.5 and she was present upto 6th
August, 2018. Thereafter, she has been
shown absent. The complainant alongwith Km.
Bhawna’s father approached all the functionaries of the school and the society
to whom they could have access including the Secretary of the Rashtriya
Virjanand Andh Kanya Vidyalaya Society. They were forced to take away the
child. They also approached Deputy
Director of Education, Vikaspuri and Delhi Commission for Protection of Child
Rights (DCPCR) but did not succeed in getting the child re-admitted in the
hostel. Her expulsion from the hotel
effectively denied her the fundamental right to education for an allegation
that had not even been proved. The
parents and the guardians were scared about the safety of the child.
8. After
hearing the parties, it was observed that Rashtriya Virjanand Andh Kanya
Vidyalaya Society was an essential party in the matter and therefore President
and Secretary of the society were impleaded as Respondents No. 3 & 4
respectively. They were directed to
submit by 17.01.2019 why Km. Bhawna should not be re-admitted in the hostel and
her parents/local guardians be informed well in advance so that she could reach
hostel on 16.01.2019 and start her classes w.e.f. 17.01.2019 and also submit
their version on the complaint dated 27.11.2018 of Sh. Virender Singh, Poonam
and Omkar Singh and on the observations of this court alongwith the documents
relating to the incident.
9. In
the Record of Proceedings dated 04.01.2019, it was brought out that Km. Bhawna’s
expulsion was prima-facie disproportionate to the alleged mistake inhuman and
against the human rights. It amounted to
infringing her right to education under the Constitution and the Act. The incident could also attract punishment
for offences of atrocities under Section 92 of the Act which provides that
whoever:-
“(a) intentionally insults or intimidates with
intent to humiliate a person with disability in any place within public view;
(b) assaults or uses
force to any person with disability with intent to dishonour him or outrage the
modesty of a woman with disability;
shall be punishable
with imprisonment for a term which shall not be less than six months but which
may extend to five years and with fine.”
10. Before
the next date of hearing on 22.01.2019, a phone call was received that Km.
Bhawna has been admitted in the Rashtriya Virjanand Andh Kanya Vidyalaya at
Rajinder Nagar, New Delhi. This was
confirmed by the complainant when he was contacted.
11. Although
the relief sought by the complainant has been given, yet the way Km. Bhawna was
treated by the Managers of Rashtriya Virjanand Andh Kanya Vidyalaya calls for
soul searching by respondent no. 3 & 4.
The Management functionaries of the society have shown complete
disrespect for the human rights and dignity of Km. Bhawna and her parents and
the local guardians. For the sake of
argument, even if the theft were proved, the punishment awarded was highly disproportionate
to the mistake alleged to have been committed.
An educational institution is expected to set standards of reformist approach
rather than being vindictive and intolerant. It is sad to note that the
management functionaries of a society and a school set up for girls with
blindness have treated a girl child with blindness in such a manner and shown
complete insensitivity and disrespect for the authorities of the Education Department
by not responding and not complying with their request to attend meetings and have
also failed to submit the status report as directed vide RoP dated 07.01.2019
thereby evincing their arrogance and disrespect for the authority created under
the Rights of Persons with Disabilities Act, 2016 enacted by the Parliament of
the country. This is a serious matter which
should be dealt with appropriately and accordingly, the following
recommendations are made :
i)
Directorate of Education
which is responsible for running the educational institutions in NCT of Delhi
and is also providing grant-in-aid for education of children in the school,
should issue an advisory/ warning to the management of Rashtriya Virjanand Andh
Kanya Vidyalaya for abiding by the rules, regulations and guidelines for
running a school/educational institutes.
ii)
The issue of giving license
or permitting any individual or organization to run a hostel particularly for
children with disabilities should be examined and appropriate norms and guidelines
should be framed keeping in view the
issues and the concerns of children with disabilities particularly the girls
with disabilities and provide for penalties for non compliance.
iii)
Respondent no. 3 & 4
should note that Section 89 of the Act provides for punishment for contravention
of the provisions of the Act or Rules or regulations made thereunder. Section 92 has provision for punishment for offences
of atrocities and Section 93 provides for punishment for failure to furnish
information/ documents. The said sections
are reproduced below:
“89.
Punishment for contravention of provisions of Act or rules or regulations made
thereunder.—Any
person who contravenes any of the provisions of this Act, or of any rule made
thereunder shall for first contravention be punishable with fine which may
extend to `10,000/-
and for any subsequent contravention with fine which shall not be less than `50,000/-
but which may extend to `5,00,000/-.
92. Punishment for offences of
atrocities.—Whoever,—
(a) intentionally insults or intimidates with intent to humiliate
a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with
intent to dishonour him or outrage the modesty of a woman with disability;
.....shall
be punishable with imprisonment for a term which shall not be less than six
months but which may extend to five years and with fine.
93.
Punishment for failure to furnish information.—Whoever, fails to produce
any book, account or other documents or to furnish any statement, information
or particulars which, under this Act or any order, or direction made or given
there under, is duty bound to produce or furnish or to answer any question put
in pursuance of the provisions of this Act or of any order, or direction made
or given thereunder, shall be punishable with fine which may extend to `25,000/-
in respect of each offence, and in case of continued failure or refusal, with
further fine which may extend to `1,000/-
for each day, of continued failure or refusal after the date of original order
imposing punishment of fine.”
12. Taking
a lenient view of the matter, the action against respondent no. 3 & 4 is
not being recommended for contravention of the above provisions of the Act. They are however, advised to be sensitive,
humane and should respect the dignity and honour of a child with disability
especially when they are in the business of education of girl children with
blindness.
13. The
complaint is disposed off.
14. Given
under my hand and the seal of the Court this 11th day of February,
2019.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
