India Legal News: 26/11 Victim Denied School Admission

The Constitution of India guarantees free and compulsory education to all children between the age group of 6 to 14 years. The government of India has enforced the Right to Education Act, through which education has become the fundamental right of all children up to age 14 years. Yet India legal news reports highlight another incident of violation pertaining to this fundamental right. Whether we accept it or not, recommendations, hefty donations and social clout play an important role in today’s school admission system, across cities.

India Legal News: Mumbai School Cites Fear of Terrorist Threat as Reason

26/11 terrorist attack on Hotel Taj in IndiaIndia legal news reports indicate that on November 26, 2008, the 11 year old Devika was injured by Kasab’s bullets, at the Chhatrapati Shivaji Terminus. She was hit on her leg by the bullet and since then, she was unable to go to school.  Although Devika was promised admission by a school in Bandra, the school backed out at the last hour and Devika’s family stated that they had not applied for admission in any other school based on the assurances given by the authorities of this school.

Mr. Natwarlal Rotawan, Devika’s father, states that after they provided a recommendation letter from police officials, she was promised admission to class V. He further said that his daughter was refused admission, because the school feared that she could be a threat to school’s security.

However, Bharti Hazari, Principal of the school, argued that after the imposition of Right to Education Act’s no-fail policy, there were no vacant seats left. The school further claimed that as per the RTE rule, the school has to promote all categories of students and other students were refused admission as well.   

Final Legal Take Away Tip: The passing of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, marked a historic moment for all Indian children. A child or his parents will not have to bear costs, such as school fees, uniform, text books and mid-day meals. Thanks to this Act, education is not just free of cost but elementary education was made mandatory for children between 6 to 14 years of age. However, the benefits of the Act cannot be enjoyed unless schools are equally keen to implement it and look beyond their commercial interests.
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