Mirambika Crisis – isn’t it a fit case for the Commission for Protection of Child Rights?

In line with the Convention on the Rights of Child, 1992, the Government of India enacted the Commission for Protection of the Child Rights Act, 2005 (“Act“) which provides for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto.

As per the Act, Child Rights include the children’s rights adopted under the United Nations Convention on the Rights of the Child on the 20th day of November, 1989 and ratified by the Government of India on the 11th December, 1992.

As per the Act, the National Commission for Protection of Child Rights is empowered / has inter alia the following functions:

a. inquire into violation of child rights and recommend initiation of proceedings in such cases;

b. examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures; and

c. inquire into complaints and take suo motu notice of matters relating to,

  1. deprivation and violation of child rights;
  2. non-implementation of laws providing for protection and development of children;
  3. non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and

Under Rule 17 of the National Commission for Protection of Child Rights Rules, 2006, the Commission is empowered to inter alia undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf.

Having considered the Child Rights recognized in the aforesaid Convention for the protection of which the Commissions has been constituted under the Act by the Government of India, it can be said that the children are entitled to be protected against all sorts of wrongs which may affect their overall development. It is incumbent upon the Government and its functionaries including the Commission to ensure that such rights are protected and to keep the interest of the child as a primary consideration in all its actions concerning children. The Government is also obliged to take such measures to protect the child for any mental violence, exploitation, neglect, cruel, inhuman or degrading treatment by whoever has the care of the Child. Further, it is obligatory on the Government to ensure that the education must be directed for overall development of child and inculcate respect for human rights.

In view of the foregoing, the sudden overnight shift of Mirambika to a place unsuitable for running a school is a clear violation of Child Rights. If the Petitioner Parents so desire, they may file a complaint with the concerned commission demanding investigation into the trauma, etc caused to children by the sudden shift and seek action against SAES, School Management, etc.

Advertisements

5 thoughts on “Mirambika Crisis – isn’t it a fit case for the Commission for Protection of Child Rights?

  1. Amit May 28, 2015 / 11:57 am

    “Idle brains are the devil’s workhouses” (T. Fuller 1732)

    Evil Vs Evil ?

    Like

    • ABCD May 28, 2015 / 12:10 pm

      I agree 200%

      Like

  2. Geetika Adlakha May 28, 2015 / 12:16 pm

    Also, all admissions are made after giving a prospectus of what the school has to offer, isn’t that a binding document. Mirambika’s campus is very much a part of that prospectus,so making a drastic change should invite legal intervention, or not? Correct me if I’m wrong….

    Like

  3. SJ May 28, 2015 / 5:22 pm

    How about Taj for supposedly super rich and seemingly cribbing parents of MBK

    Wait! It is made out of marble. Too hot for summers.
    ASI does not even allow restaurants inside.

    It is in Agra and one has to park a long distance away.
    We are Dilli wallahs. We park right in front of the gates.

    No Taj. We want some Prime Land 10 acre in saddi Dilli.
    One leg in one room, other in another. We are special.

    Begum Pur is next door yaar.
    Ki farak penda.

    If Sainik farms can exist, why not MBK on college land?
    Ab hamari jeet pakki.

    Hum hai Khas Aadmi.
    Aam Aadmi bye bye!

    Like

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s