Showing posts with label fundamental rights of citizens. Show all posts
Showing posts with label fundamental rights of citizens. Show all posts

Tuesday, July 21, 2009

Dear Friends,

Through 93rd Constitution Amendment in 2001, the Indian Parliament had made the right to education a fundamental right, but it took the Central Government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Rajya Sabha on Monday unanimously passed the Right of Children to Free and Compulsory Education Bill 2008, making it obligatory for the government to provide free and compulsory education to every child in India between the ages of six and 14 years.

The Bill now is all set to go to the Lok Sabha. I am surprised that in a country like India, it takes 8 eight years to pass an enactment to ensure a fundamental right guaranteed by the Constitution. Is it because it was brought out by the then NDA Govt? And that had this been done earlier, the credit would have gone to the NDA & BJP? Such enabling legislation should be above party politics and loosing out on such opportunities can only be detrimental to the growth of the nation. Rightly says the Human resources development minister Kapil Sibal, "We are sitting on a great opportunity. We need to grasp it. If we lose it, the consequences will be disastrous."

Highlights of the bill
  • 25% seats to weaker sections
  • Does away with capitation fees charged by pvt schools before admisison.
  • No screening procedure of child or parent for admisison.
  • Creation of Child Right panel to look into grievance of parents against schools.
Its importance for a child with disability
Once parliament passes it will be a fundamental right of the child and any impediment like finance or procedures etc can be of no significance. However, as disability rights activists, we need to look at it from the perspective of education of chidren with disabilities in an non-exclusionary and inclusive set up with appropriate reasonable accommodation to provide a congenial atmoshphere for studies and learning.

Click here to read from source Hindustan Times

RS approves Right to Education Bill

A Bill providing for free and compulsory education as a fundamental right of children in the 6-14 age group – a flagship programmes in the 100-day agenda of the UPA government – was passed by Rajya Sabha on Monday.

The Parliament had made the right to education a fundamental right through the 93rd Constitution Amendment in 2001 but it took the Central government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Bill was introduced in Rajya Sabha in December 2008 and referred to a parliamentary standing committee. It was taken up for discussion after the government had examined the committee’s report.

The Bill earmarks 25 per cent seats to weaker sections in schools, seeks to do away with the practice of schools taking capitation fees before admission, subjecting the child or parents to a screening procedure and giving powers to child rights panels to look into grievances of parents against schools.

On reservation in schools, Human Resource Development Minister Kapil Sibal said it would be up to the states to implement the policy of reservation in admissions. School education is a state subject.

The ministry estimated that Rs 2.28 lakh crore would be required in the next seven years to implement the Constitutional obligation.
Responding to members’ concern on the financial requirement, Sibal said a group was on the job and would provide inputs to the 13th Finance Commission before completion of its term in October this year.

“Once Parliament passes it, it will be a fundamental right of the child. There is no way in the world that we will not have finances,” Sibal said.

Friday, May 30, 2008

Bainsala's Gurjar Agitation for Rights Versus Fundamental Rights of citizens of India


In a celebrated democracy like India, Citizens have certain fundamental rights that the Constitution provides them. And mind you, we citizens adopted this Constitution unto ourselves in 1950. But often these rights are infringed with impunity by the agitators without any concern to the rights of other citizens. My right to freedom of expression can't take away some fellow citizen's right to life & right to move freely in the country for that matter. 

I am pained that while there are penal laws that provides for strict action if I create a public nuisance or block the public road for example, and more stricter if highways or railway lines are blocked, why the state fails to enforce the basic law when such agitations take place. Is state a party to it? Any damage to public property is an offence and the damage can be recovered from the offender under the law. Who will pay for the massive damage that has been done by putting the State buses, private vehicles on fire by the agitating gurjar mobs? Afterall it is all going from our pockets by way of taxes. In an ordinary situation, burning of leaves, garbage etc is punishable under environment laws in Delhi. What were the law enforcers doing when the roads were blocked with burning tyres chocking the air of Delhi? If you pull the chain in the running train, you are liable to a fine of Rs. 1000/- minimum and also can be jailed, then why no action on illegal stopping of trains by hooligans in name of agitation? Where is the basic civic sense in this country? 

Why the enforcement is sleeping? Is it a political game? should that be allowed ? Is it because there is a certain party in power in Rajasthan and which is growing its popularity in deep south too after winning the Karnataka elections that certain vested interests want to use this opportunity to blow the gurjar issue in to larger proportions to vent out their frustration? Is it because parties like BSP and Congress want to encash on such an issue that they are allowing these agitations to disrupt the life of citizens and paralyse the Capital and hold the NCT to ransom? It was evident with the Police inaction in controlling and dispersing the agitators that Police was suitably briefed not to stop agitators and allow them to hold the city to ransom! 

Can the peace loving citizens of this country demand from the Government a right to life, safety and peaceful existence in this country? Can the judiciary take suo-moto notice and declare such disruption of civic life and liberties as anti-state and a stumble block to fundamental rights of common man  and bring the culprits to book? 

I hope the better sense prevails on all the organs of society and the rights of fellow citizens are respected while such agitations are carried out. There is a democratic way of expressing your demands. Lets not create an anarchy. Lets ensure a progressive India governed with a rule of law and not hooligans. 

In prayers