A child should not be allowed to be deprived of education because of family circumstances as an educated child becomes an asset to the nation, the Delhi High Court observed that no minor should suffer on the education front because parents are in jail. The high court made the remark while hearing a bail plea seeking admission of a minor girl to school after her parents were remanded in judicial custody in connection with the murder of an elderly woman. Whose body parts were cut and thrown in the drain.
It directed the SHO concerned to take admission in the school adjacent to the senior wing of the school where the boy’s elder brother is studying and asked the principal to extend full cooperation for the admission. According to me, education is the first step in 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 Swarnakanta Sharma said that an educated person can first take informed decisions for himself and then contribute constructively to the progress of the nation and society.
The High Court in its order also observed that when a child or a person is deprived of a fundamental right on the notice of the court, the courts must ensure that the fundamental right is exercised and there is no hindrance to it. For any person to enjoy. Right to education is a fundamental right of every citizen under Article 21A of the Constitution. A child should not suffer the consequences of their parent being in judicial custody for an offense which 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, it said. The boy’s mother sought interim bail as she needed to come out of jail to get her eight-year-old daughter admitted to a school here.
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The woman, whose interim bail application was earlier rejected by the trial court, told the high court that her elder daughter is studying in a municipal school here and her younger daughter has also been admitted to a nursery class. The high court was told by the investigating officer of the case that, according to the school headmaster, if she has a date of birth certificate from any government agency and the local parents of the minor can get it, the child can be admitted. Admitted to school.
The High Court has held that a child is an individual Indian citizen who enjoys his fundamental rights and the right to education is one of them. In the present unpleasant situation of this case, the court has to make the voice of the voiceless child. The parents are in judicial custody and the parent’s main concern is the child’s education. “It is not only in cases involving family disputes that the rights and welfare of the child should be considered but in the present cases the courts can become and act as the guardian of the child and ensure that the child is not deprived of the fundamental right to education.
As far as possible no child should be allowed to be deprived of education because of family circumstances. An educated child educates the entire family and becomes an asset to the nation, said the High Court. It said that in the present situation, where the child’s right to education is threatened, it is imperative that the court intervenes in time to safeguard the future of the child and uphold the right conferred by the Constitution.
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It said that the child must be admitted to school at the earliest so that any untoward incident casts a shadow over the child’s life and darkens her future and took it upon herself to get the child admitted to school. Lost in current academic year 2022-23. The high court sought a compliance report within 10 days and said the order did not mention the girl to protect her identity and privacy.
While the woman sought interim bail to fulfill her responsibilities as a parent and allow the child to get admission in school, she expressed satisfaction with the high court’s order and withdrew her plea.
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