Right to Education PIL PSA represents White Lotus Charitable Trust in the High Court of Punjab amp Haryana

District Mewat is considered to be one of the most educationally backward districts in Haryana. The members of the White Lotus Charitable Trust (WLCT) have taken it upon themselves, to identify, understand the cause and attempt to rectify the situation. The WLCT is witness to the conditions of schools in Block Hathin and Tauru. The common factor being lack of basic infrastructure and charge of illegal school fees.

District Mewat is considered to be one of the most educationally backward districts in Haryana. The members of the White Lotus Charitable Trust (WLCT) have taken it upon themselves, to identify, understand the cause and attempt to rectify the situation. The WLCT is witness to the conditions of schools in Block Hathin and Tauru. The common factor being lack of basic infrastructure and charge of illegal school fees.

Most of the schools (pictured) in Hathin and Tauru have no clean drinking water, functional toilets; let alone a separate one for boys and girls. The schools do not have any boundary walls which makes it vulnerable to trespassers; a play- ground for gamblers; parking lot for tractors and a storehouse for grains. Thus, making the environment of these schools unsafe for children.

These schools charge illegal school fees from parents under the threat of expelling their children, on failure to pay. This has caused financial burden on the parents and has forced them in not sending their children to school anymore. The amount of the fee is arbitrary and varies from one school to another. What is shocking to see is, teachers are either absent without sanctioned leave, sleeping inside classrooms, on duty preparing mid-day meals or overseeing construction and repair work.

Priti Suri & Associates (PSA) was approached by WLCT, a trust that is doing research and field work in Block Hathin (roughly 2 hours from Delhi), District Palwal (earlier in Mewat) and Block Tauru. WLCT is a non-profit organization working with socio-economically weaker sections of the society, with special emphasis on women and children.

The objective of WLCT is to ensure basic education to children between the age group of 6-14 years and to ensure that all schools comply with the basic minimum infrastructure requirements. Every child has a fundamental right to free and compulsory education and it is the duty of every State to ensure that this right is not violated.

The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) came into force on April 1, 2010. This landmark and a much awaited legislation has come with its own set of loopholes. The RTE Act requires schools to comply with certain norms, such as minimum number of teachers, classroom size, necessity to have drinking water, toilets, etc. all of which is enumerated in the Schedule to the RTE Act.

Section 19(2) of the RTE Act, however, gives a period of 3 years for schools to comply with the standards laid down under the RTE Act. This provision in effect, allows schools that have been running in absolutely terrible conditions for the last 15 or 20 years, inspite of receiving grants, with a further 3 year period to rectify the violations in standards imposed under the RTE Act.

WLCT filed multiple Right To Information (RTI) applications to understand the expenditure on the school infrastructure and also to know the fees collected by the students. WLCT also complained to the office of the Director of Education and Chief Minister of Haryana, but never heard from them.

Finally, PSA filed a Public Interest Litigation (PIL) petition on behalf of WLCT, against the Union of India (Ministry of Human Resources and Development), State of Haryana and the Directorate of Education of Haryana, challenging the constitutional validity of Section 19(2) of the RTE Act as well as seeking a writ of mandamus against the authorities responsible for ensuring infrastructural facilities in schools. Section 19(2) according to the writ petition provides respite even for those schools who have been receiving funds for a long period and who still have not provided basic infrastructure of drinking water and sanitation.

On August 13, 2010 the Chief Justice of the High Court of Punjab & Haryana issued notices to all the respondents and has fixed September 22, 2010 as the next date of hearing.

The White Lotus Charitable Trust is being advised by PSA with a team led by Partner Priti Suri along with Associates Dhruv Suri and Tanya Mehta. PSA has been assisted by advocate, Anand Chhibbar, who is based in Chandigarh. It will be interesting to see, how the Center and State respond.

Priti Suri said, “As professionally qualified lawyers, we are privileged to have had access to proper educational facilities and are constantly reaping the benefits. I believe it is our duty and obligation to give back to the society, and in our own way, spread awareness about the importance of education. It really was disheartening and agitating to see the abysmal condition of schools just two hours away from Delhi. I cannot begin to imagine how in a world where India is proclaiming almost double digit economic growth, we still have schools less than two hours away from the nation’s capital where children are expected to go schools which do not provide for basic facilities such as drinking water, functional toilets and boundary walls. I shudder to think what will be the quality of the education in such schools. Surely, the government is indirectly responsible if such deprived children resort to crime in order to survive? Laws are meaningless if they are on paper and fundamental rights are not rights without an appropriate implementation. In my view, and views of my colleagues Tanya and Dhruv, we collectively felt it was necessary to challenge the constitutional validity of Section 19(2) of the RTE Act so that the children of Mewat (and elsewhere in the country) will have access to their fundamental right of education.”

A copy of the RTE Act can be found here.