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Learned AGA has filed an affidavit on behalf of DGP, UP, Allahabad, dated
13.1.2009, mentioning the present number of missing and recovered children with
the period, age and gender wise break ups and another affidavit on behalf of DGP,
UP, dated 15.1.2009 sworn by Sri P.K. Tewari, Dy. SP, Police Headquarters,
Allahabad, mentioning the position about the installation of the Public Display
System. An affidavit has also been filed on behalf of the Principal Secretary,
Primary Education, U.P. dated 24.1.2009 and there is also an affidavit on behalf
of the Secretary, Women and Child Development, UP, Lucknow, dated 13.1.2009. An
affidavit has been filed on behalf of the Principal Secretary (Labour), U.P.
Government, Lucknow, dated 13.1.2009. Another affidavit has been filed on behalf
of the DM, Allahabad, dated 16.1.2009, specifically in reply to the application
and affidavit filed by Bhartiya Chetna Sansthan, an intervening NGO, which has
mentioned the number of children out-of-schools in the three mohallas, namely,
Ganjia, Kharkauni and Bhatta in Allahabad. There is also an affidavit on behalf
of the ICDS Programme Officer, Allahabad, and Sri K.K. Roy has filed another
application supported by an affidavit on behalf of 'Child Line,' Allahabad,
dated 31.1.2009. Sri K.C. Sinha has filed an affidavit dated 3.11.2008 on behalf
of the Ministry of Women and Child Development, Government of India. He has also
filed an affidavit dated 4.11.2008 on behalf of the Director, School of
Education and Literacy, Ministry of Human Resources Development, Government of
India, and also passed over to the Court a copy of a letter received from the
Director, Ministry of Human Resources Development, Department of School and
Literacy, dated 14.1.2009. Sri Sudeep Kumar Singh, Advocate has filed an
affidavit on behalf of the QUIC-AC which gives a list of missing children from
various districts and some details about them. There is a letter sent by the
Member-Secretary, U.P. State Legal Authority along with certain annexures
indicating the steps taken for implementing the order of this Court and which
also contains responses of various NGOs that have intervened in this case. The
registry has also submitted a compliance report.
POLICE REPORT: CURRENT STATUS OF MISSING CHILDREN
Referring to the DGP's affidavit dated 13.1.2009, Sri Sand pointed out that
starting from the year 2002 in respect of the missing children whose matters are
being monitored by this Court, as on 1.1.2009, 9793 children (i.e. 7128 male and
2665 female children) were reported to have gone missing, out of whom 8215 (i.e.
5948 male and 2267 female) children have been recovered and 1578 (i.e. 1180 male
and 398) female children are still missing. Out of these, an additional number
of 712 children went missing between 1.10.2008 and 31.12.2008 and 624 children
were recovered/traced out in this period and because of these additional 88
children who had gone missing in this period compared to the children who were
recovered, we find that the number of children, who were required to be traced
out has now increased from 1490 on 30.9.2008 to 1578 on 31.12.2008. From these
figures, it would be apparent that in spite of the commitment and intensity of
the efforts of the police to trace out the missing child a larger number of
children are going missing in the immediate period than the number of children
who have been recovered relating to the same period, hence the absolute number
of missing children relating to this period has increased since the last date of
hearing on 7.11.08. This suggests, without belittling the effort of the police
in tracing out the large number of missing children described above, that
greater attention needs to be paid to identify the root causes of this phenomena
why the child goes missing, and thereafter efforts have to be put in place for
preventing the vulnerable child from himself going away, and falling in the
hands of traffickers or from being abducted.
In this context we would like to allude to annexure 5 of the affidavit on behalf
of the DGP in response to our order dated 7.11.08 which categorizes the
responses of 401 children (292 of whom were males and 109 were females) who have
returned or were recovered in the 8 police zones in the districts of Ghaziabad,
Kanpur Nagar, Mathura, Shravasti, Mau, Faizabad and Mahoba, about why they went
away in the first place. 115 children stated that they had gone away because of
scolding by parents, 9 had gone away because of scolding or beatings by
teachers, 61 children had left home because they were not interested in studies,
10 had left home because they had failed in their classes, 23 had gone away in
search of jobs. Only one child had gone away because of the allurement of a film
career etc. 19 had gone away because of love affairs, 30 had claimed that they
had been lured by child traffickers. Only 2 children had been forcibly abducted.
For 101 children, the reasons were unspecified.
We would have been happier if the interviewer had asked further probing
questions of the 115 children who had left their homes because of scolding, as
to the cause of their being scolded which had led them to flee their homes. At
this stage our impression is that the scoldings must have been related to
non-performance in studies at least in the economically better off group of
children for whose parents performance in studies is very important, and such
disappearances from home would also seem to be greater in the older children in
the 10 to 18 years age bracket. It is also possible that parental outbursts take
place because of economic problems faced by these parents. We would therefore
like the interviewers to again question the children who had given this response
of parental scolding being the cause for their leaving homes, and to ascertain
the precise reasons for their parents scolding them, and to collect data about
their age group, and whether they fall in the better off or extremely poor
economic bracket amongst the families of the recovered children.
Again, in 101 cases, especially 39 from Ghaziabad, 28 from Kanpur Nagar and 13
from Mahoba, in the relevant chart, the entry is "other causes" in the relevant
column which have not been specified. We would have been happy, if greater
details about these "other causes" had been elicited by the interviewers (or
some clarification had been given as to why the "other causes" column was not
filled up). It is possible that due to limited application of mind, the probable
reasons for a child's disappearance from home suggested in our order dated
7.11.08 were considered exhaustive, and when there was any other cause for the
child's disappearance, it was not specified, and the easier option of bringing
the case under the "other causes" column was adopted and no effort was made by
the interviewer to put down the other causes. We would, therefore, like
clarifications regarding the "other causes" which have not been specified for
these 101 returned/ recovered children.
It would be useful if the UNICEF or some other concerned NGO could again
interview these 401 children or obtain clarifications from the 115 children who
have stated that scolding by their parents was the cause for their leaving home
or the 101 children who had fled away from their homes for "other unspecified
reasons." The police authorities should fully cooperate with the UNICEF or the
other concerned NGOs if they undertake this survey or any other survey as was
directed in our last order dated 7.11.2008, by furnishing names, addresses and
particulars about these recovered/ returned children and any other information
sought. Generating such data helps both the police and the district
administrations and this Court in devising strategies to address the problem of
children going missing. But still we must record our appreciation for the
efforts made by the DGP and other police authorities in getting the survey
conducted and furnishing the data, as above, which requires a different kind of
sensitization and is foreign to their normal policing duties.
Whilst congratulating the police on its efforts we must emphasize that there is
no cause for complacency, as we find that a greater number of children are
disappearing (whose absence is reported), compared to the children who are
recovered relating to the current period. We still come across cases where FIRs
are not registered and there is inadequate compliance of the Court's orders
mandating recording of FIRs and issuing other related directions dated 2.1.2007
and 12.2.2007 and the DGP's circular dated 10.1.2007. On the next date of
listing, we would like the up to date report about the children who are now
recovered and who have gone missing in the period after this order or who are
still missing from before.
NOT INSTALLING PUBLIC DISPLAY SYSTEM UNFORTUNATE
In another affidavit filed on behalf of DGP, UP, sworn by the Dy. SP, Police
Headquarters, Allahabad, dated 15.1.2008, we find that some strange reasons have
been given for not setting up the Public Display System. This affidavit mentions
that the NGO, Don Bosco or any other NGO have not approached the State
Government for establishing the Public Display System and that information of
such children can always be obtained at the government homes where they are
staying, or by looking at the internet wherever it is available. Electronic
display systems are claimed to be too costly and that the State Government will
be forced to post police personnel for their safety and they would be soft
targets for agitating persons. Also UPDESCO, NIC and other public bodies have
shown unwillingness for setting up this Public Display System. We are saddened
by this response of the State Government, especially as in earlier affidavits of
the Chairman of the Committee of IG (Technical Services), it has been stated
that setting up of such Public Display Systems, at least in Lucknow and
Allahabad, for trial purpose had been approved which were subsequently to be
extended to 300 places in UP. The budget had even been forwarded to the
Principal Secretary (Home), U.P. and we had pointed out in our orders dated
22.5.2008 and 8.8.2008 that such Public Display Systems were not only useful for
communicating information and displaying pictures of missing children but also
for giving information of other social problems such as furnishing information
about terrorists or issuing warnings on matters of public concern. Also internet
information is only available to a select few and is not usually accessed by the
common man on the street who might have spotted a missing child whose photograph
is flashed on the public display system at the railway station enabling him to
render help and information to the authorities. It is unfortunate that the State
Government and the police authorities have now resiled from their earlier
commitment to set up such Public Display Systems and have abandoned a useful
plan and we can only express our regret and disappointment at this development.
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POSITIVE RESPONSE: ISSUE OF PRIMARY EDUCATION
DECISION TO MAKE ELEMENTARY EDUCATION UNIVERSAL AND COMPULSORY - G.O. dated
13.5.08
We are very pleased however with the positive response of the Chief Secretary
and the Principal Secretary, Basic Education and others in the departments of
Primary Education and Sarva Shiksha Abhiyan (SSA)for ensuring that primary
education is universalized, its quality improved and it is made joyful, as a
non-performing educational system is one of the prime reasons for the children
to drop out or to flee from their homes, which sometimes causes them to fall
into the hands of the child traffickers. That educational difficulties was one
of the prime reasons for the child disappearing, was also highlighted in
annexure-5 of the DGP's affidavit dated 13.1.09 discussed earlier. Happily once
the new "Right to Education Bill, 2008" becomes law, in view of section 16, no
child can be failed or expelled from school, which would considerably reduce the
study related stress of the child and his parent.
In this context the affidavit on behalf of the Principal Secretary, Primary
Education, dated 24.1.2009, again refers to the G.O. dated 13.5.08 issued by the
Chief Secretary, UP (Annexure 3 to the affidavit) addressed to all the Principal
Secretaries of UP, Commissioners/DMs and all the departmental heads for ensuring
that in compliance of the orders of this Court dated 17.7.07 and 18.9.07 in the
present writ petition, it should be ensured that all children between 6-14
years, who are out of school be enrolled in schools for complying with the
mandate of Article 21-A of the Constitution of India and that the Principal,
teacher, Gram Pradhan and Gram Panchayat Adhikari will be jointly responsible
and liable for severe action if this directive is not scrupulously implemented.
On the next date of listing we would like to be informed on the follow up action
taken for implementing the G.O. dated 13.5.08 and enforcing the fundamental
right to free and compulsory education under Article 21 A in compliance with
this Court's earlier orders.
G.O. DATED 13.1.09 FOR ALL ROUND SCHOOL IMPROVEMENT
There is another G.O. dated 13.1.2009 issued by the Secretary Basic Education,
Lucknow (Annexure 6) addressed to all Commissioners/DMs/BSAs in U.P. reiterating
the Chief Secretary's aforesaid G.O. dated 13.5.2008. for making elementary
education free and compulsory in U.P. Thereafter, in pursuance of the direction
of this Court dated 17.11.2008 for making the guardians also answerable if a
child fails to attend school, it has been pointed out that the Director, Basic
Education, U.P has issued a circular letter dated 26.11.2008 requiring formation
of Parents Teachers Association (PTAs) in primary and upper primary schools,
which are to hold meetings in the first week of every month. The circular letter
of the State Project Director SSA dated 19.7.2008 has also been referred to in
this G.O. and directions issued for holding regular meetings of village
education committees (VECs) for enhancing community participation, and for
devising a strategy for enrolling children in school with special reference to
socially deprived sections such as Scheduled Castes, Scheduled Tribes and
children of minority communities. Programmes such as "Meena Manch" for
increasing social awareness regarding education of girl children have been
emphasized. It has also been reiterated that the district level educational
coordinators must visit at least one school every day and try to increase the
involvement of the community in the school. It was further stressed that
immediate communication be established with the guardians who should be made
responsible for bringing all the out of school children to the schools. In the
monthly meetings of the PTAs in the schools and in the VECs all the children of
the age group of 6 to 14 years are to be identified and those parents whose
children are not enrolled in the school are to be specially invited to the
meetings and persuaded to send their child to school by the teacher and other
prominent persons in the local community. The reasons for the child, who has not
been enrolled remaining out of school are to be identified and measures are to
be taken with the aid of the community for tackling the said problems at the
district level. Quantitative data about the number of out-of-school children,
with the reasons for their being out of school are to be placed in the monthly
meetings at the district level before the DMs and BSAs and at the divisional
level before the Commissioners and the Divisional Assistant Basic Education
Director for review. The Project director, SSA/ Director Education (Basic) have
been directed to convene meetings regarding out of school children, who are to
review the information received from the district and divisional levels, and who
are to communicate appropriate working plans for addressing these issues to the
district and divisional authorities. We would like to have a progress report on
the implementation of this G.O. dated 13.1.09 on the next date of listing.
CIRCULAR LETTER OF PROJECT DIRECTOR SSA FOR MAINSTREAMING OUT OF SCHOOL CHILDREN
FOUND IN HOUSEHOLD SURVEY
The Principal Secretary Primary Education's affidavit dated 24.1.09 also refers
to a circular letter dated 3.10.2008 sent by the State Project Director Sarva
Shiksha Abhiyan (SSA) to all the BSAs, wherein it is mentioned that in pursuance
of the earlier letter, in August 2008 there have been household surveys for out
of school children in villages and urban areas giving age, location wise details
and reasons for their absence from schools. The BSAs are directed to ensure that
on the basis of the information gathered in the household surveys, the child
labourers, children belonging to deprived sections and children of brick kiln
workers should be enrolled in formal or alternative educational institution by
30.11.20008. The labour department and government observation and children's
homes should also be contacted to ensure that cent percent of the
underprivileged children can be enrolled into the mainstream of formal
education. There should be monthly meetings for ensuring compliance of the
directions. We laud the concern shown by the Chief Secretary, Pricipal
Secretary, Basic Education and other educational authorities in this matter and
we hope that necessary steps for implementing these highly salutary directions
will be taken and that we are furnished with the compliance and progress report
on the next date of listing.
COMMENT ON LETTER OF DIRECTOR EDUCATION (BASIC) FOR CONSTITUTING PTAs
Annexure 11 to the Principal Secretary Basic Education's affidavit is a circular
letter issued by the Education Director (Basic), U.P. dated 26.11.08 to the
Divisional Assistant Education Directors (Basic) and all BSAs for constituting
Parent Teacher Associations (PTAs). It contemplates monthly meetings of the PTAs
which are to enumerate the problems of the school, collect physical and economic
resources for the school, help in the schools' extra-curricular activities such
as celebrating birthdays of great persons, engaging in social programmes,
managing the school's property, supporting scholastic improvement programmes and
honouring good students and teachers, calling the topper to the PTA and hearing
him about the school's problems and suggesting remedial measures, improving the
school results in the home and annual examinations, ensuring completion of the
syllabus as per a time schedule, deciding on a syllabus for the session,
remedial plans for weak students, and holding class wise parent teacher meetings
at least twice a year etc. The school principal is to be the ex-officio patron
of the PTA. The President is to be selected from among the parent members and
the member/ secretary from among the teacher members of the PTA as per the
Devnagiri alphabetical order. There are to be 5 members from amongst the
guardians (including at least two women) who are to be selected as per the
Devnagiri alphabetical order. In our view it would be impractical to expect five
parents (including two women parents) alphabetically selected, and not on the
basis of their interest in schooling of their wards or commitment to the cause
of schooling, to actively participate in the multifarious functions envisaged as
per this circular letter dated 26.11.08. We also do not think that these parents
would provide any effective feedback as sought by the Director Basic Education
and our anxiety is that only there will be paper compliance as only records will
be cosmetically filled up by the teacher member.
Keeping two registers in each school for school/ teacher monitoring and
attendance of mainstreamed child
We suggest that two registers with columns be kept in each school, which are to
be filled by the parents and educational inspectors on their visits to the
school. Also if real feed back and effective contribution from the parents is
sought, then the parent PTA members should be selected from amongst those
parents who seem to be actively interested in the education of their wards and
in improving the school. Any such parent, who is a members of the PTA should
fill up his name, date and time of school visit, number of children, who are
absent from the class/school at the time of visit on physical verification
compared to the number shown as present in the class attendance registers,
number and names of teachers/ shiksha mitras who are absent, position of
cleanliness of the classes and toilets, student feed back on quality of mid-day
meals, any other positive or negative features that he may notice. The
educational inspector after mentioning the date and time of his visit should
write his comments on the steps taken for redressal of the problems identified
by the parent member of the PTA.
A second register could be kept mentioning the names of the specially
mainstreamed out of school children. Their presence or absence at the time of
the PTA parent's visit be noted, and the position be compared with his
attendance as noted in the class attendance register. An attempt should be made
to ascertain from the teacher the cause of the child's absence, in case he is
absent, and whether the child has been very irregular or regular. If possible,
an effort should be made for contacting the absentee child's parents and
eliciting the reasons for the child's absence from school. There could also be a
column showing the child's achievements as per the school's home tests and as
per a test conducted after 6 months or one year by some external agency, if it
is feasible. The support of village education committee members in villages or
Municipal ward members in urban areas and good civil society NGOs and persons
could also be sought for ensuring improvement in the quality of schooling, for
providing feed back regarding the functioning of the school, evaluating learning
achievements of students and regularity of teacher and student attendance and
for identifying and mainstreaming out of school children. The district
administration and educational authorities could think of also honouring good
parent members of the PTAs and others in public functions who are taking
exceptional pains for improving school functioning and school attendance of
mainstreamed out of school children. We would like a response on the feasibility
of implementing these suggestions from the Director Education (Basic) and the
Project Director SSA on the next date of listing or whether they can propose a
more effective model for improving school performance, regularity of attendance
of the mainstreamed out of school child and for obtaining real time feed back on
the functioning of the school.
PRINCIPAL SECRETARY'S G.O.s Dated 20.11.08 & 10.12.08 FOR SCHOOL IMPROVEMENTS
AND INSPECTIONS
There is another G.O. dated 20.11.2008 (Annexure 7) issued by the Principal
Secretary, Basic Education to the Director SSA, Director, Basic Education,
Director SCERT and the Director Siemat where on the basis of consideration of
action points which emerged after tours by educational authorities some concrete
suggestions have been made and other recommendations invited from departmental
heads for improvements in the quality of schooling, study material, enrollments,
school mid day meal scheme, construction of buildings and other matters in the
Parishad and aided schools. Specifically it was observed that for improving the
quality of teaching and school attendance of teachers and students it was
necessary that the educational and other district authorities make effective
inspections in the schools, beginning from 10.12.2008, after which there should
be regular and surprise inspections.
The Principal Secretary Basic Education has issued another G.O. dated 10.12.2008
addressed to the State Project Director, SSA, Education Director (Basic),
Director SCERT, Director Literacy and Alternative Education, Lucknow for
constituting task forces of high level educational authorities for ensuring
quality education in the schools, which are to visit 10 schools in the assigned
districts for two days each month for assessment of the quality of teaching
therein and to submit their reports.
We would like a progress report on the implementation of this G.O. dated
20.11.2008 and 10.12.2008 on the next date of listing.
Directions for comprehensive inspections of all the Parishad and aided schools
has also been issued by the Director Basic Education on 25.11.2008 in pursuance
of the Government Order dated 20.11.2008 issued by the Principal Secretary. He
has also issued a consequential letter dated 26.11.2008 directing all the
teachers/Shiksha Mitras to maintain teachers' diaries where they are to enter
the teaching work done every day and also their future work plan. Let Progress
reports in the implementation of these directions be furnished to this Court on
the next date of listing.
PRINCIPAL SECRETARY's G.O. Dtd. 24.12.08 FOR DIGITAL PHOTOGRAPHS AND
COMPUTERIZED DATA BASE OF CHILDREN
A G.O. dated 24.12.2008 has been issued by the Principal Secretary, Basic
Education to all the District Magistrates referring to an earlier letter dated
6.10.2008 for getting the digitalized photographs and computerized data base
prepared of all school going children at the primary and upper primary levels by
22.3.2009. It mentions that in a meeting on 23.12.2008 with the Divisional
Assistant Basic Education Directors, it was learnt that in Chandauli, Sonebhadra,
Azamgarh, Allahabad, Fatehpur, Faizabad, Sultanpur, Sravasta, Etawah, Kanpur
Nagar, Farrukhabad, Mainpuri and Banda districts, there is a time lag in the
selection of agencies for the aforesaid activities, which was to be completed by
22.11.2008, and which was subsequently extended to 12.12.2008. There was no good
explanation for this delay and a firm implementation of this direction was to be
ensured and a progress report was to be submitted by the Principal Secretary,
Basic Education with regard to the computerization of the data base and digital
photography of all school going children of the primary and upper primary
classes by the next date of listing. Let a progress report be submitted to this
Court in this matter on the next date of listing.
PILOT PROJECT FOR OUT OF SCHOOL CHILDREN IN ALLAHABAD AND LUCKNOW URBAN AREAS
We are pleased to note that in compliance of our last order dated 7.11.2008 for
conducting an extensive survey of all out of school children on a pilot basis in
the urban areas of Allahabad and Lucknow, the Project Director, SSA has issued a
direction on 13.1.2009 to the BSAs at Allahabad and Lucknow for getting a data
base prepared of all out of school children which would include their
photographs, and complete description including why the child is out of school.
The out of school children have earlier been identified by the BSAs in August,
2008 under the Sarva Shiksha Abhiyan Programme. This task is to be completed
within two months. The data base is to be entered on the district website and
state level websites of SSA. In this connection we would like to point out that
it would not be enough only to identify the children who have never been
enrolled or who have finally dropped out because when the drives for enrollment
are conducted, most of the parents are persuaded to enroll their children, but
it is equally important to ensure that the children have been attending the
school regularly in subsequent months and not only during the period when the
enrollment drive was conducted, and there has been some learning achievement and
they have not eventually dropped out. Therefore there is a need for the surveyor
to verify whether the child, who is claimed to be enrolled is actually attending
the school by perusal of the school attendance register, and his data should not
be a mere replication of the data base of out of school children prepared in the
SSA survey of August 2008. We are further conscious of the fact that sometimes
the teacher to save his own skin shows an absent child as actually present in
the attendance register. Therefore, some strategy needs to be devised for
verifying whether the child is actually attending the school also by making some
inquiries from the neighbourhood community. An objective measure for a child's
regularity and attendance in the school would be the child's scholastic
performance in tests conducted by some external agency at the end of six months
or one year in addition to school tests, as the latter suffer the risk of being
tutored and unfair. This is necessary if we are to ensure not only school
enrollment as a number game, but are actually interested in providing genuine
education to a child that can personally benefit him and also make him a
contributor towards social good in the future. We also suggest that until such
time as the computerized data with digital photographs of the mainstreamed out
of school children are available and school attendance of the mainstreamed child
is being monitored and put on a web site by some volunteer or other specially
appointed person so that it could be accessed by the DM, BSA and other SSA
authorities, and the supporting NGOs or other civil society groups, till then
the two registers which we have described above whilst dealing with the circular
letter of the Director Education (Basic) dated 26.11.08 under the sub-heading
"Keeping two registers in each school for school/ teacher monitoring and
attendance of mainstreamed child" may be filled up by the parent members of the
PTA for noting teacher and student attendance during his visit and for noting
the regularity of attendance of the mainstreamed out of school child, so that we
can have real time information about the functioning of the school. Also having
such registers maintained by parents committed to the cause of education is a
much cheaper option than employing volunteers to make school visits and fill up
the registers and then to make entries in the computer. Such enthusiastic
parents could easily be identified and their names recorded by the surveyor
conducting the survey in the slum or other area. We would like to have the
response of the D.M., BSA and SSA authorities on these suggestions on the next
date of listing.
The NGO Ehsaas has been give this task of conducting the survey of out of school
children in Lucknow and Allahabad districts. We hope that the NGO will also
contact some of the local NGOs, which may be working in the areas for assisting
them in identifying the actually out of school children or irregular children,
who may formally be shown as enrolled in schools and who could assist the NGO
Ehsaas in this verification process and help generate reliable date of out of
school children so that a strategy could be evolved for ensuring that these
children actually attend the school regularly and acquire some learning in the
process. We would like to have a progress report on the conduct of this survey,
the number of surveyors who are engaged in this exercise, by the concerned NGO
and the Project Director SSA, and the steps taken for ensuring that real time
data of children actually absent from school (as opposed to merely enrolled) is
generated.
We would also like to be shown the difference in the data collected by the NGO
compared with the data gathered by the earlier household survey by the SSA in
August 2008
AFFIDAVIT OF SECRETARY WOMEN AND CHILD DEVELOPMENT
In the affidavit filed on behalf of the Secretary, Women and Child Development,
Lucknow dated 13.1.09 unfortunately we find only a vague assertion that so far
as the commitment of the government to constitute Juvenile Justice Boards and
Child Welfare Committees by 31.3.2009 is concerned, every possible step is being
taken by the State Government to constitute the boards and Committees at the
earliest.
On the next date of hearing we would like to be furnished with better
particulars in this regard about the progress in constituting the Boards and
Committees and how many have been constituted so far, and the impediments, if
any, in constituting the remaining bodies on or before 31.2.2009
It is further mentioned that the Director, Women and Child Development, UP, has
issued directions to District Magistrates and all Presidents of the Child
Welfare Committees informing them that the State Government has vide Government
Order dated 10.6.2008 directed the District Magistrates to authorize any
Magistrate within his jurisdiction to discharge the duties of the Child Welfare
Committees till they are created. In this affidavit, however, it is not
clarified whether any application has indeed been moved in all the Courts/Boards
or even before the Magistrates who have been appointed to look after the duties
of the Child Welfare Committees, for expeditious disposal of the cases relating
to 807 children who are detained in the Homes for over 6 months, as directed by
our order dated 7.11.2008. All that has been mentioned is that a direction has
been issued by the Member-Secretary, U.P. State Legal Services Authority to the
District Judges/Chairmen of the District Legal Services Authorities in this
regard. Annexure-4 to the affidavit is a letter dated 31.12.2008 which appears
to be a communication of the Principal Secretary, Woman and Child Development to
the Member Secretary Legal Services Authority, to move applications for 964
juveniles who are detained in the Observation Homes for getting their cases
expedited and disposed of within 3 months, if possible. We think that such
applications have to be moved through the authorities under the Secretary, Women
and Child Development and the Member Secretary, Legal Services Authority can
only issue directions for legal aid etc., or for communicating the orders of
this Court to the concerned District Legal Services Authorities. We would,
therefore, like to be furnished with the details about the dates when the
applications have been got moved by the Principal Secretary, Women and Child
Development, before the concerned Courts/Boards/Magistrates etc. for expeditious
disposal of the cases preferably within 3 months, on the next date of listing.
We would also like the registry to obtain reports from the concerned
Courts/Magistrates through the Chairmen of the Legal Service
Authorities/District Judges, regarding the extent to which compliance has been
made of our directions for disposal of these cases against Juveniles, preferably
within 3 months.
AFFIDAVIT: PRINCIPAL SECRETARY LABOUR
We regret to note as mentioned in the affidavit filed on behalf of the Principal
Secretary, Labour, U.P., dated 13.1.2009, that because of non-constitution of
the Child Welfare Committees (CWCs), only 22 out of the 1818 rescued child
labourers were produced before the CWCs during the period July to September,
2008, and even thereafter not a single labour has been produced before any CWC.
We would now like to obtain a definite clarification from the Principal
Secretary, Women and Child Development and Chief Secretary as to when the CWCs
shall be constituted in each of the districts of the State and whether they
would positively be constituted by 31.3.2009, that is, the promised date. The
Principal Secretary, Labour should also submit an explanation as to what are the
impediments in moving applications for 1818 child labourers before the
Magistrates who have been conferred with the powers of the CWCs under the G.O.
dated 10.6.2008 directing District Magistrates to authorize Magistrates to
exercise powers of CWCs until their constitution.
Again, we think that the age determination of only 52 child labourers by Chief
Medical Officers (CMOs), especially when in the said period of October to
December 2008, 1550 child labourers were identified, which included 989 child
labourers engaged in hazardous occupations and 561 child labourers who were
engaged in non-hazardous occupations/processes, is an inadequate compliance of
our orders dated 7.11.2008 and 8.8.2008 where we had emphasized that in
compliance of the Chief Secretary's G.O. dated 9.7.08 to the Commissioners and
the District Magistrates, all the children rescued from child labour should be
produced within 48 hours before the CMOs as that would help in the prosecution
of the employers of the child labourers. At end September 2608 child labourers
remained for enrollment in schools. Together with the newly identified 1550
child labourers, the figure of child labourers available for school enrollment
became 4158 at the end of December 2008. Out of these, in the period October to
December, 2008, 2105 child labourers were enrolled, whereas 336 child labourers
were not found at their addresses or had passed class 5 and thus 1717 remained
for enrollment at the end of December, 2008. This amounted to unsatisfactory
compliance of our order dated 7.11.2008 and the Chief Secretary's G.O. dated
9.7.2008 which had directed the labour department and the State Project
Director, SSA, to ensure immediate enrollment of all the rescued child labourers
in educational institutions.
Also as we have emphasized in the aforesaid order that enrollment is not enough
but the quality of education must be improved and it should be ensured that as
the child labourers are actually attending the schools regularly and have not
become extremely irregular or have dropped out. Let the Labour Secretary and the
State Project Director, SSA, submit a compliance report regarding these
directions on the next date of listing.
GREATER MEASURES NEEDED FOR ECONOMIC REHABILITATION OF CHILD LABOUR FAMILIES
So far as our direction for ensuring that the families of the child labourers be
provided with employment under different employment schemes as was laid down in
the Chief Secretary's G.O. dated 9.7.2008 is concerned, we are a little
disappointed to note in paragraph 9 of the affidavit on behalf of the Labour
Secretary that in the period between October to December, 2008, only 217
families of child labourers have benefited under the different employment
schemes and that 4896 families still remain to benefit under the employment and
income generation schemes. We are happy to note that the Chief Secretary has
issued a fresh G.O. dated 1.1.2009 (Annexure 1 to the Principal Secretary
Labour's affidavit) in which he has again called upon all the District
Magistrates to comply with the High Court's order dated 22.5.2008 and the Chief
Secretary's circular dated 9.7.2008 in pursuance thereof, for the
identification, education, rehabilitation and economic support and
rehabilitation of the families of the child labourers. The second appendix of
November 2008 to the said G.O. dated 1.1.09 mentions that out of the 40864 child
labourers comprising of 31746 families, who were identified in hazardous
occupations pursuant to the order of the Apex Court dated 10.12.1996, 5640
families were provided employments, 9096 were already in some occupation, 6144
refused rehabilitation, 7451 migrated or went away, and 3415 families are still
awaiting rehabilitation. It is apparent that due to the unreasonable delays and
sheer desperation at not getting the promised rehabilitation package most of the
families of child labourers have lost interest in the government rehabilitative
process and have gone elsewhere in search of livelihood. Notably these figures
only referred to the child labour who were spotted pursuant to the Supreme Court
order dated 10.12.96 in the M.C. Mehta case. On the next date of listing, we
would like the Chief Secretary and the Principal Secretary, Labour, to inform us
about all the available government employment/income generation schemes under
which assistance can be rendered to families of impecunious child labourers. We
would also like to be apprised about the steps being taken for the
rehabilitation of the 4896 families of child labourers referred to in paragraph
9 of the affidavit and the time schedule by which they would be rehabilitated.
It would be useful if a report in tabular form is prepared about the economic
status and present location of the 4896 families of child labourers, who are yet
to benefit under the employment/income generation schemes, which mentions their
present occupations and incomes, and also mentions whether all the children of
school-going age are going to schools or not, and if they not going to schools,
the reasons for their not attending the same.
At least in the case of those families where a large number of school-going age
children are unable to go to schools and where it is apparent that the families
of the child labourers are extremely poor, efforts should be made for providing
the families of such child labour some employment or other means for income
generation. Apart from employment/income generation governmental schemes, it is
possible to conceive of providing land to some of the families of the child
labourers, if some ceiling surplus or other land is available in their
neighbourhood for distribution, or by providing credit directly or after
constituting self-help groups of similarly situated persons in the area for
starting an employment or for effecting improvements in their existing
employments, or by providing them rights to natural resources, such as rights to
fishery, or collection of forest produce or mining minor minerals, individually
or after forming self-help groups or cooperatives, as may be feasible. However,
this Court can only give suggestions and guidelines. What form of economic and
other aid would be appropriate to the extremely impoverished family of a child
labourer would need to be determined by the local department of labour and the
concerned social welfare department. This Court would like to be furnished with
some concrete information about the economic difficulties being faced by the
worst off amongst the 4896 families of child labourers and the kind of
assistance that could feasibly be given to these families facing greatest
hardships by the State on the next date of listing.
INADEQUATE REALIZATION OF COMPENSATION AS PER SC DIRECTIVES
It is further mentioned in the Principal Secretary, Labour's affidavit that Rs.
9.2 lakhs have been recovered as compensation in compliance of the Supreme
Court's order dated 10.12.1996 from the employers during the period October to
December, 2008, but Rs. 1477.5 lakhs still remains to be recovered. Again,
directions have been issued by the Chief Secretary on 1.1.2009 for compliance of
this direction which was in accordance with Chief Secretary's circular dated
9.7.2008. We would like to have a progress report about the implementation of
this circular dated 1.1.2009 as well as the earlier circulars and orders of this
Court on the next date of listing.
ALARM AT 8314 PENDING PROSECUTIONS AGAINST EMPLOYERS OF CHILD LABOUR
We are alarmed to note that 8314 prosecutions are still pending in the district
courts for disposal of the cases relating to prosecutions of the employers under
the Child Labour Act. As the district-wise number of cases pending has been made
available to the Registrar General of this High Court, relating to 8035 cases
which are pending in different districts, we would like the Registrar General to
now communicate this order to all the concerned district judges for directing
the subordinate courts to conclude the trials of the cases relating to violation
of the child labour laws preferably within 3 months, as earlier directed by our
order dated 7.11.2008. We would also like the Principal Secretary, Labour, to
have applications moved in all the courts where these matters are pending for
expeditious disposal of these cases as per our direction. We hope that greater
number of review meetings of the District Child Labour Elimination Committees
would be held in all the districts including at the Commissioner's level and
progress and compliance report would be submitted to this Court on the next date
of listing.
AFFIDAVIT ON BEHALF D.M. ALLAHABAD IN RESPONSE TO INTERVENER BHARTIYA CHETNA
SANSTHAN'S APPLICATION
An affidavit has been filed on behalf of the District Magistrate, Allahabad, in
response to an application filed by Bhartiya Chetna Sansthan which has mentioned
that 516 children were out of school in the mohallas of Ganjia, Kharkauni and
Bhatta. It is admitted in the affidavit that out of 516 children, 180 were less
than 6 years in age, 231 were school-going and only 105 children were out of
school, as verified by the Basic Shiksha Adhikari/Nagar Shiksha Adhikari
relating to the age groups between 6 to 14 years. Even the admitted number of
105 children being out of schools is substantial, when it is the Constitutional
mandate under Article 21-A to ensure that every child of eligible age of 6 to 14
years is in school, which has been reiterated in this Court's orders dated
17.7.07, 18.9.07, 7.11.08 and the present order, and the Chief Secretary's Govt.
Order dated 13.5.08 and the Principal Secretary Primary Education's G.O. dated
13.1.09. Moreover, it is not clear whether the 231 school-going children are
regularly attending school or they have only been enrolled in the school and
thereafter are remaining absent from school. We would like to obtain better
details of the reasons why the admitted 105 children in this area are not going
to schools and whether they have dropped out or never joined schools and the
names of some of the schools in the neighbourhood where similarly placed parents
are sending their children and the fees of those schools. Parents of the 105
children could be asked as to what were the impediments for sending their
children to the neighbourhood schools where other similarly placed parents are
sending their children on the next listing.
Even so far as the 180 children whose age was below 6 years are concerned, the
Nagar Shiksha Adhikari/Basic Shiksha Adhikari and the District Magistrate may
consider providing them with pre-primary eduction and other services under the
Integrated Child Development Scheme (ICDS), as have been earmarked for such
children and submit a compliance report on the next date of listing.
Suggestion for sending out of school children to private schools with State fee
support and introduction of conditional cash transfer scheme
So far as the admitted 105 out-of-school children in the Ganjia, Kharkauri and
Bhatta mohallas are concerned it is stated that 3 alternative education centres
and two residential bridge courses are to be started very soon. But the period
when the said courses will become functional has not been mentioned. Until the
said centres begin functioning, the district authorities may consider sending
these children to private institutions in the neighbourhood where similarly
placed parents are sending their wards. Until such alternative educational
centres etc. are brought into existence, the authorities may consider the
feasibility of paying the fees of these children on their being enrolled in
neighbourhood private schools. It may be noted that under section 12 of the
Right to Children to Free and Compulsory Education Bill, 2008, it is provided
that if an unaided school, which is not receiving any kind of aid or grant from
the government or the local authority, admits students in the neighbourhood
belonging to weaker sections and disadvantaged groups and provides them free and
compulsory elementary education to the extent of 25 percent of its strength,
then it can be reimbursed to the extent of the per child expenditure incurred by
the State, or the actual amount charged from the child, whichever is less. We
think that after identifying the private schools in the neighbourhood where
similarly placed parents are sending their children, and after holding
discussions with them, it could be considered by the administrative, and
educational authorities whether such reimbursement of fees can not be provided
by the State under the SSA or some other scheme as this option may be less
costly, time-consuming and feasible than setting up a new school in the area.
This is also the position taken by the NGO Pratham. The continuance of fee
support etc. and other benefits to such a family of the child could be made
contingent on the child's regularity of school attendance, learning achievement
and the child undergoing vaccinations etc. under a conditional cash transfer
scheme, which has recently been used to advantage in many countries around the
world. A modified form of such a conditional cash transfer scheme and giving
aid, recognition and other benefits to unaided schools could also be considered
if they successfully help in enrolling and teaching out of school poor children.
Such suggestions have also been made by officers with the UNICEF.
It may be pointed out here that we are increasingly observing how often parents
are preferring the poorly funded and poorly resourced private schools to the
government schools in the neighbourhood as they find the lowly paid (sometimes
untrained) teachers in the private schools more responsive and answerable to
them for ensuring that their child is educated compared to the teachers in
government schools. On the next date, we would, therefore, like to have a
response from the District Magistrate or the Basic Shiksha Adhikari/Nagar
Shiksha Adhikari as to the feasibility of providing the fees of the
out-of-the-schools children in this area and regarding the other points made
above. We would also like the response of the Chief Secretary, Principal
Secretary (Education), U.P., Project Director SSA to the suggestion of this
Court for fee support to students for enrollment in inexpensive neighbourhood
private schools where other similarly placed parents are sending their children
where it is not feasible to immediately set up a government school in the
habitation, and also whether such a conditional cash transfer or similar system
could not be conceived at the State level for motivating parents to send
children regularly to schools or to get them vaccinated, and for improving their
learning skills and also for giving aid and benefits to private schools, if they
show good results in educating out of school children belonging to deprived
communities.
RESPONSE OF PROGRAMME OFFICER ICDS FOR GETTING HIGH COURT STAY VACATED IN CMWP
3407(MB)/2007
In another affidavit on behalf of the District Programme Officer, Integrated
Child Development Scheme, Allahabad, in regard to a direction of this Court for
getting the stay order vacated or modified in CMW.P. No. 3407 (MB) of 2007: M/s.
Countrywide Marketing Organisation Vs. U.P. Upbhokta Sahkari Sangh Ltd., pending
before the Lucknow Bench, which had restrained the purchase of weighing machines
by an ex parte order dated 1.6.2007 because of which the weight of children and
pregnant women could not be taken, it is pointed out that unfortunately the case
could not be taken up despite a number of listing applications, causing the
interest of the children and the mothers to suffer. We hope that the Chief
Standing Counsel, Lucknow Bench, will take effective steps for getting the stay
order vacated or modified now for ensuring that weighing machines are available
at the ICDS centres, as observed in our order dated 7.11.2008 by the next date
and submit a compliance report.
RESPONSE SOUGHT TO AFFIDAVITS BY QIC-AC AND CHILD LINE ALLAHABAD
Another application has been filed by Sri Sudeep Singh, Advocate, on behalf of
Ms Vinika Karoli, the State Coordinator Quality Institutional Care - Alternative
for Children (QIC-AC), U.P., which has given a list of 18 children (in annexure
-1) who have gone missing. Although the table describes the children as having
"run away" in the relevant column. But this appears more to be a loose
expression. The affidavit shows that in six of the cases advertisements were
made by means of posters or airing news of the child's disappearance through
Akashwani where the economic conditions were not so poor and in the cases of
Malti Devi of Mirzapur and Amit Kumar of Varanasi, whose economic conditions
were better than the others, FIRs were even registered. But in 10 other cases
where the economic conditions have been described as very poor, neither were any
FIRs registered nor were any steps taken for the rescue or return of these
children. In this regard, in our earliest order dated 2.1.2007 we had observed
that it is in the cases of poor and resourceless persons that the police
stations are more reluctant to lodge FIRs. Thereafter the circular letter of the
DGP dated 10.1.2007 had been issued which specifically mentioned that reports
should be registered relating to missing children and the SSP/SP in-charge of
the districts as well as S.P.s (Railways) should also ensure that the reports
are registered and the matter is widely publicised in TV, radio and press. Also
that easy access be provided to the complainants to Public Relation Officers
posted at the offices of the SSP/SP and C.O. who should be especially sensitive
to the poor, resourceless and marginalised sections. Furthermore, so far as the
cases where it is mentioned that owing to extreme poverty the child has
disappeared from his home and it cannot be ruled out that he has not fallen into
the hands of any child trafficker, the government should also see whether it
would be possible to ensure some economic rehabilitation scheme for these
families as we have mentioned above under the heading "Greater Measures Needed
for Economic Rehabilitation of Child labour families" when referring to the
cases of the 4896 non-rehabilitated families of the child labourers.
Another affidavit dated 30.1.2009 has been filed by Sri K.K. Roy on behalf of
the Child Line, Allahabad. This affidavit has given specific details with regard
to three children. One such child is Vijai Kumar of Varanasi, who was said to
have been trafficked by Man Raj Bhar and Surendra Raj Bhar in 2005 itself. It is
further mentioned that the FIR has not been registered and an application was
even moved by Bhagwan Das, father of Vijai Kumar, on 24.10.2008, but no FIR has
been lodged. Another instance is of Munawwar, aged 15, son of Bhulla of district
Chandauli, who is said to have been trafficked by Jafarullah. No FIR has been
lodged in this case also and the latest application for registering the FIR is
dated 24.10.2008. The third instance is of Kanchan Kumari, daughter of Ram Gujar
of District Sonbhadra, who is said to have been kidnapped by Mahendra Malika on
12.7.2007. The FIR was not lodged on 15.7.2007 and another application was moved
before the SP, Sonbhadra, on 22.9.2007.
We would like a response from the DGP and the State government on the affidavit
submitted on behalf of QIC-AC and on behalf of Child Line Allahabad, and we
would also like monitoring of the matters by the concerned SSPs/SPs regarding
the aforesaid three cases in the light of the circular of DGP dated 10.1.2007.
We also find no response to the application along with an affidavit filed by Sri
K.K. Roy on behalf of Child Line Allahabad on 7.11.08 mentioning details of 38
missing children from Ghaziabad and Noida about which we had sought a reply from
the DGP in our order dated 7.11.08. It is stated by Sri Sand that the said
affidavit was not handed over to him. However we find that the affidavit, after
service on the State of U.P., is on record. Sri K.K. Roy may give another copy
of the affidavit to the learned AGA. In case the State requires a copy of the
said affidavit it may also be handed over by the registry to the State, so that
there may be a response to the allegations in the said affidavit from the police
authorities on the next date of listing as directed by our earlier order.
RESPONSE OF THE CENTRAL GOVERNMENT
We have perused a somewhat belated response of Sri K.C. Sinha, Assistant
Solicitor General of India, on behalf of the Union of India. He has handed over
a letter dated 14.1.2009 sent by the Ministry of Department of School, Education
and Literacy, which annexes a copy of the Right to Children to Free and
Compulsory Education Bill, 2008, which was introduced in the Rajya Sabha on
15.12.2008. This bill seems to be emphasizing setting up of quality schools
established by the appropriate government or the local authorities or aided
schools receiving aids and grants in preference to private schools. However,
insufficient emphasis appears to be given for making these government schools
and teachers answerable and accountable to the parents before de-recognition of
the private schools.
One affidavit has been filed by Sri K.C. Sinha on behalf of the Central
Government's Ministry of Women and Child Development. So far as the query in our
earlier order dated 22.5.2008 and 8.8.2008 regarding operationalization of the
national website for missing children is concerned, it is mentioned that the
Ministry of Women and Child Development has formulated a new Integrated Child
Protection Scheme (ICPS) for providing a secure environment for all children,
especially the vulnerable ones. A child tracking system is to be set in place by
the Central Project Support Unit under the scheme. The said Child Protection
Society (SCPS) and the District Child Protection Society (DCPS) are to manage
this child tracking system. No time-frame has been mentioned for implementation
of this scheme. This is unfortunate as children are regularly being trafficked
or they are continuing to disappear from day to day. To an earlier query raised
by our order dated 12.2.2007 regarding the time schedule when the all-India
website was likely to become operational, it was stated by Sri K.C. Sinha
learned Assistant Solicitor General, that as per the meeting of the dated 9.2.07
of the core committee for implementation of this plan of action, the said child
tracking portal was likely to be operational by June, 2007. We are sorry to note
that the Central Government appears to be dragging its feet over this vital
matter.
On the next date of listing we would like to be informed about the updated
time-frame when the aforesaid scheme would be made operational by the Central
Government and the impediments that are causing the delay in its introduction.
RESPONSE OF THE MEMBER SECRETARY STATE LEGAL SERVICES AUTHORITY
A letter of the Member-Secretary, U.P. State Legal Services Authority dated
15.1.2009 points out that 17 districts Juvenile Justice Boards have been
established and the District Judges have been asked to constitute a panel of
three lawyers - two males and one female- to provide legal aid to the inmates of
the observation homes before the Juvenile Justice Boards. They have also been
asked to visit each observation home, at least twice a month, and to sensitize
them about the Juvenile Justice Act and Child psychology. This is a laudatory
measure. The District Judges and Secretary, Women and Child Development, have
been directed to ensure expeditious disposal of the cases before the Juvenile
Justice Boards and for providing legal aid by a letter of the
Principal-Secretary dated 1.1.2009, as 964 cases are pending before the Juvenile
Justice Boards, whose list has been enclosed. Efforts are being made for
settling the cases under the Child Labour (Prohibition and Regulation) Act,
1986, in Special Lok Adalats. In the event of failure to settle the matters
thus, directions have been issued to the District Judges/ Chairmen, District
Legal Services Authorities on 6.1.2009, to dispose of these cases expeditiously,
preferably within 3 months as per the directions of this Court. By a letter
dated 7.1.2009 the Member-Secretary has written to the Social Welfare
Commissioner enquiring about the existing facilities and the plans for mentally
challenged children as was directed in our earlier order dated 7.11.2008. We
hope that by the next date of listing, we shall have a satisfactory reply from
the Social Welfare Commissioner on this aspect.
A letter from Don Bosco Ashalayam, Lucknow, dated 13.1.2009 has been annexed as
annexure 12 to the Member-Secretary's response to this Court. It is mentioned
therein that Don Bosco has entered into a partnership with 8 other organizations
with support from UNICEF. We appreciate the support being given by the UNICEF in
that matter and also in the present case. The letter also clarifies that the
difficulties in sharing the data about the status of the recovered missing
children with the U.P. police and other partner NGOs have now been overcome, and
the matter has been explained to the DIG (Technical Services) U.P. and the State
Police Department following our order dated 7.11.2008. It is stated that Don
Bosco has also developed a software for establishment of a home link website
across various districts which can be a module to be used by the UP Police in
all the police stations. We hope that due notice will be taken of this proposal
and in case it is found feasible, it will be made operational by the joint
collaboration of Don Bosco, UNICEF, the Police and the other NGOs. Let a report
be submitted on this matter on the next listing.
Annexure 13 to the letter of the Member-Secretary is another note of Don Bosco
which mentions the reasons for 884 children who have run away in the period
between 1.1.2007 to 31.12.2008, the most important reasons appear to be economic
difficulties, followed by ill-treatment, or abusive treatment at home, or a
broken family, or a father being an alcoholic.
Most of the other points in the Member Secretary's letter have been dealt with
elsewhere in this order. We would however like to record our appreciation on one
point, that an effort has been made by the UP State Legal Services Authority to
involve the students of RML National Law University to function as paralegals
for the Authority and in this context they have been visiting observation homes
and Bal Grihs and their visits have brought visible change in the conditions of
the inmates. We are pleased by the concern of the Member Secretary, U.P. Legal
Services Authority in providing all assistance to this Court and in taking other
pro-active measures.
We again regret to note that the same perfunctory and mechanical replies as
before, devoid of any pro-active suggestions have been sent by the District
Judges/ Chairmen of the district Legal Services Authorities and placed before us
by the registry, and our suggestion in the last order calling for better
particulars from the district judges has been largely ignored.
Let copies of this order and relevant documents be sent/given by the Registry at
the earliest to the Chief Secretary, U.P.; the Principal Secretary, Govt. of U.P:
Labour; Primary Education; Women and Child Development; Commissioner, Social
Welfare; Member Secretary, State Legal Services Authority, Lucknow; State
Project Director, Sarva Shiksha Abhiyan; Director Education (Basic), U.P.;
concerned District Judges; Director General Police, U.P., Lucknow; District
Magistrate, Allahabad; Basic and Nagar Shiksha Adhikaris, Allahabad and Lucknow;
Sri A.K. Sand and Ms Usha Kiran A.G.A.s; Sri K.S. Shukla, Counsel for Secretary
(Basic Education), U.P.; Sri K.C. Sinha, Assistant Solicitor General, Govt. of
India; Chief Standing Counsel, High Court, Lucknow Bench; Union Secretary:
Ministry of Women and Child Development; Secretary: Ministry of Human Resources
Development; Child Protection Officer, UNICEF, Lucknow; the intervenor Don Bosco
Ashayalam, Lucknow; the intervener Child Line Allahabad through Sri K.K. Roy,
Advocate; the intervenor Sri Smitin Brid, State Director Pratham, Lucknow; the
intervenors Bharti Chetana Sansthan, Allahabad and QIC-AC through Sri Sudeep
Kumar Singh, Advocate, the intervenor Ehsaas care of Member Secretary, Legal
Services, Authority, the Advocate intervenors,
Jagriti Singh and Sanjeev Singh/
Sister Sheeba. The names of all the Advocates aforesaid be shown on the cause
list on the next date of listing.
List this case on 20.3.2009 for further orders and for submission of compliance
reports.
Dated: 30.01. 2009.
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