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LATEST NEWS UPDATES | HC frowns at govt circular denying RTE to migrants -Abhinav Garg

HC frowns at govt circular denying RTE to migrants -Abhinav Garg

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published Published on Jun 11, 2013   modified Modified on Jun 11, 2013
-The Times of India


NEW DELHI: A Delhi government circular that excludes migrant children from availing quota facility under the economically weaker section (EWS) category is under the scanner of Delhi high court.

Justice G S Sistani recently issued notice to the Delhi government and sought its response on the validity of the circular. HC was hearing a petition filed by a street vendor seeking EWS benefits for her five-year-old child and assailing the circular on the ground it violates his fundamental rights. The court has given time till August 7 to the government to respond.

Challenging the circular of the Directorate Of Education, the petition accused the state government of changing the definition of EWS and doing away with the right of migrant and destitute children despite the fact that the RTE Act mandates the state to take extra care of these children.

By insisting on continuous residence of last three years in the city for both parents for a child to be eligible to avail the EWS facility, the circular redefines the word weaker section defined under the act, the petitioner had argued saying the present definition not only bars destitute and migrant children but even children living with a single parent in Delhi.

The petition filed through advocate Khagesh Jha states how lakhs of people don't have documents to prove continuous residency in the city and says that despite the Supreme Court asking the state government to complete child mapping and prepare a database to be used as address proof, the Directorate Of Education (DoE) has not yet started the project.

"The government has no authority under RTE or any other law to reserve the protection of fundamental right to a domicile with valid documents. RTE is a central act not a welfare scheme of state government which can decide its policy on the issue. Millions of children move from one state to another, and if this practice is allowed it will defeat RTE's purpose," says the plea.


The Times of India, 11 June, 2013, http://timesofindia.indiatimes.com/city/delhi/HC-frowns-at-govt-circular-denying-RTE-to-migrants/articleshow/20532618.cms


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