Child should not be deprived of education because of family circumstances: HC

A child should not be allowed to be deprived of education due to family circumstances as an educated child becomes an asset to the country, the Delhi High Court has said that any minor should not be deprived of education due to parents being in jail. There should be no pain on the front. The high court made these remarks while hearing a bail plea seeking admission of a minor girl to a school because her parents were on trial for their alleged involvement in the murder of an elderly woman. are in custody. whose body parts were cut and thrown into the drain.

He directed the concerned SHO to admit the child in a school adjacent to the senior branch of the school in which his elder brother is studying and asked the principal to extend full cooperation for the admission. In my opinion, education is the first step towards combating social evils, especially poverty, inequality and discrimination. Every child is guaranteed the right to education irrespective of caste, religion, gender or economic background. Justice Surnakanta Sharma said that an educated person can first take informed decisions for himself, and then play a constructive role in the development of the country and society at large.

The High Court in its order also observed that once it comes to the notice of the court that a child or person is deprived of a fundamental right, the courts have to ensure that the fundamental right is enforced and any Don’t be a hindrance. Any individual to enjoy it. Right to education is a fundamental right granted to every citizen under Article 21A of the Constitution. A child should not suffer the consequences, because their parents are in judicial custody for a crime that has not yet been adjudicated by the court. This court is bound to enforce the fundamental rights of every citizen and in this case the right to education of the child. The child’s mother sought interim bail as she had to come out of jail to enroll her eight-year-old daughter in a school here.

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The woman, whose interim bail plea was earlier rejected by a trial court, told the high court that her elder daughter studies in a municipal school here and her younger daughter will also be admitted to a nursery class there. . The investigating officer of the case told the High Court that according to the school principal, the child can be admitted if he has a date of birth certificate from any government agency and a local guardian of the minor also obtains it. can Enrolled in school.

The High Court said that a child is an individual Indian citizen who has fundamental rights and the right to education is one of them. In the current unfortunate situation of the case, the court has to be the voice of the voiceless child. The parents have judicial custody and the primary concern of the parents is the child’s education. “It is not only in cases dealing with family disputes that the rights and welfare of the child are considered, but in existing cases the courts can act as parents of the child and ensure that the child Not deprived of the fundamental right to education.

No child should be allowed to miss out on education because of family circumstances. The High Court said that an educated child educates the entire family and becomes an asset to the nation. It said that in the present case where the child’s right to education is at risk, it is important that the court intervenes in time and upholds the right given in the constitution to protect the child’s future.

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It has been said that the child should be admitted to a school as soon as possible so that the shadow of an unpleasant incident does not fall on the child’s life and his future becomes dark and it has taken notice to facilitate the admission of the child to the school. So that the child does not suffer any untoward incident. Defeated in the current academic year 2022-23. The high court sought a compliance report within 10 days, saying the order was not mentioning the girl’s identity to protect her privacy and dignity.

As the woman was seeking interim bail to discharge her responsibilities as a parent and admit her child to school, she expressed satisfaction with the High Court’s order and withdrew her plea.

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