मंगलवार, 22 मार्च 2016

Conspiracy of Odisha Child Rights Commission to destroy career of a child

Deep-laid Conspiracy between OSCPCR and a Private English Medium School to destroy academic career of a Child yielded no result.

·      Odisha  Child  Rights Commission’s desperate  bid  to protect  a Private English Medium School, an Institution  committed crime against child miserably failed.
·      OSCPCR  could not be able  to  protect interest of  a child  who was physically  harassed  and mentally tortured  by  the Principal and teachers  of a Private School.
·      The Commission took around 4 months to dispose the Complaint (Case No.-810/15) on serious allegation of torture and harassment of a child which in fact requires urgent intervention. 
·      Though OSCPCR finally finished the hearing of the case on 20.2.16 but passed order after 20 days gap on 11.3.2016 and sent to the Complainant on 20.3.16. It proves  the inefficiency  and carelessness of the Commission.
·      The Commission got active and serious  to dispose  this  complaint  case  only when  the  District Child Welfare Committee Khurda,   another quasi-judicial  constituted  to protect  the interest of the children   promptly enquired the same  complaint case filed  by another complainant  on behalf  of the child and took immediate steps while passing outstanding order on 13.2.16  with direction  to Bhubaneswar Model School to admit the  child immediately and recommending to State Govt. to initiate legal action against the  Authority of the School  under Right to Education Act.
·      The Commission also got psychologically disturbed, when RTI Application was also submitted to the PIO, office of OSCPCR seeking copy of the order of the Complaint Case  No. 810/15.  So the Commission left no stone unturned to pass the order to save their face.
·      At the outset, OSCPCR tried its best to protect the interest of the School at the cost of the child and maintained ominous silence for months together without making any order to ensure admission of the child in school.
·      Despite their hard efforts, OSCPCR could not succeed to protect the private school and was forced to finally passed order to the School   authority to admit the child and to observe the laws to provide all protection to the child.  
·      It is very interesting to note here that the Commission’s order came in such a time when the school exam is already over.
·       While going through the content of  the  order-sheet  of the Commission and  language used and section referred,  it  was observed  that  the OSCPCR  had  followed the order of  District Child Welfare Committee, Khurda  which was passed  and circulated immediately  through e-mail  and by post on 13.2.16.        

Dear friends

1. Srikant Auropratik, son of Prakash Ch. Nayak  and Mrs. Amita Subhada ( M-8763790311) , a Class-9 student  was physically tortured, humiliated  and mentally harassed ( scolding and misbehaving) by the authority of Bhubaneswar  Model School @ Takshashila , IRC Village, Nayapalli, Bhubaneswar   and suddenly dropped  to  Class-VIII in the middle of the year  on the ground of bad performance. When the parents asked for Progress Report    of the child, the authority of the school continued to ignore their request till yet. The parents were also threatened to take back to other schools without citing any ground. Though the parents appraised the authority that “no school was ready to take student in mid-session as CBSE registration has completed”, the authority remained adamant  and asked  the parents to take the children back.  Ultimately,  Srikant  Auropratik  was humiliated and suffered from mental depression   and forced to leave the school on 29.10.15.

2. on 3.11.15, the Parents approached the Odisha Child Rights Commission by filling complaints levelling details of allegation, mental torture, harassment caused to their son    and seeking quick justice for their child. Ms. Rajalaxmi Das, Member, OSCPCR   registered  the case ( Case No.-810/15 )  on 4.11.15 and initiated the enquiry. 

3.  Without taking any quick measures  for the child to get  back to the school,  the Commission issued  notice to the Principal of Bhubaneswar Model School on 9.11.15

4. On 12.11.15, the  Commission  heard   from the Child  and father ,but  did not  allow the Mother  to be heard, though she was involved  in the case  and victim  of the rough behaviour of the authority of the school.

5. After around one month on 10.12.15, the two-member Commission heard the case inviting both the parties. Interestingly, the Commission did not allow the representative of the petitioner to plead their case, in spite of several requests.

6. On 16.12.15, the Commission again issued notice for hearing of the case.  The petitioners approached the Commission to allow their representative to plead the case. While the Commission turned down the request of the petitioner, but allowed the representative of the School Authority.   The Case was heard and nothing happened.

7. The Commission verbally told the parents that the case to be heard on 28th Dec.15. But the hearing was abruptly postponed and no communication was made to the petitioner. The Commission remained silence and failed miserably to exercise their power under  Right to Education Act.

a.    On 20.3.15, the order of the Commission reached to the petitioner  after around fourths.

Gist of the Order of the Commission
1.      The Commission observed that the child has been put under unwarranted stress arising out of the violation of his rights being stopped by the School authorities to attend the school.

2.      The School authority has blatantly violated the sections 16,17 and 18 of RTE Act.

3.      It appears that the School has suppressed vital facts  from the parent’s regarding the institution  offering education to the children. The school authority could not come up with the COR ( Certificate of Recognition ) as mandated under RTE Act.  The School could not produce an up-to-date CBSE affiliation. This has jeopardised the future of the children who may not be allowed to sit for the CBSE examination.

4.      The Commission directed the school authority to follow the following direction.
a.      To allow the child to attend  class IX in the school without nurturing any malice towards him.
b.      To keep the communication with the students open ad to ensure appointment of qualified counsellor for the children who face difficulties.
c.       To engage special educator to cater to the special needs of the children.

5.      The Director, OPEPA was  also directed  to ensure the child to be restored back in Class IX and  to make special arrangements  for the children to appear in HSE examination.

6.        The Commission directed to the Director, OPEPA to ask  the School  authority to restrain from any coercive  action against the children through notice  to the School authority  as suitable under the law.

Pradip Pradhan


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