Redressal Mechanism if a child is denied admission, beaten and discriminated

Redressal Mechanism if a child is denied admission, beaten and discriminated

Education Resource Society, Allahabad

One may assume that a number of complaints would be settled at the school and SMC level itself, through the intervention of civil society groups. If that does not happen, the next step would be for the complaint to be filed with the local authority. The complainant could appeal to the SCPCR if the action of the local authority does not redress the complaint satisfactorily. Yes, both the NCPCR and the SCPCRs can move on their own, suo moto, without any one specifically filing a complaint. As per Model Rule 25, SCPCRs shall set up child help lines, accessible by SMS, telephone and letter for receiving and registering complaints.

            The problem at present (April 2010) is that the NCPCR is in the process of being reconstituted, and only five states have constituted their SCPCRs, that too with varying capacities. The exact rules and procedures for redressal shall have to be worked out by the NCPCR when it again becomes properly functional, and it will have to assist the SCPCRs to do the same. The reconstituted NCPCR is expected to carry forward its earlier initiatives of linking and networking with civil society organizations for monitoring, appointing state commissioners for the enforcement of the Act (on the lines of Supreme Court Commissioners for Right to Food), networking with other Commissions like the one's for Human Rights, Women and Minorities, set up help lines and set up a separate division for enforcing the Right to Education.

            The Model Rules provide that in states that do not have SCPCR at present (which is set up by the Women and Child department), the education department shall constitute a Right to Education Protection Authority (REPA) till the SCPCR comes into force.

Under the NCPCR Act 2005, the NCPCR and SCPCRs have quasi-judicial powers whereby they can investigate, summon and recommend cases to the courts. They cannot, however, pass judgments and hand out punishments. As a law flowing out of a fundamental right, it is justifiable from the lowest to the highest court of the country. One can file a case in the lowest civil court, or the Supreme/High Court, depending on the nature of complaint. NCPCR has already initiated moves to work through civil society groups in a variety of ways. Independent of that, NGOs and other civil society groups can on their own bring violations to the notice of authorities and courts. An example of that is the civil society group Social Jurist working in Delhi. They can ensure opening of neighborhood schools, monitoring teacher availability, and help in local redressal mechanisms. Since the 'compulsion' in the Act is on the governments, the NCPCR/SCPCR and the courts shall have to investigate where the onus of a particular violation rests, and judge accordingly