NATIONAL HUMAN RIGHTS COMMISSION, INDIA
8.7
It is important to recognize that as a large majority of students in India study in Government
schools or Government aided schools, it is fundamental to improve the implementation of the RTE
in terms of infrastructure, teacher quality and targeted learning for children from disadvantaged
groups so as to build up a more equitable system. Even now, a significant number of children
drop out before completing five years of primary school and a large percentage before finishing
upper primary school. These drop-out trends raise troubling questions about equity for there
is a huge difference between urban and rural education and the education received by the rich
and the poor. Therefore, beside investment of huge financial and human resources, a lot of work
on the ground level is required to access this right meaningfully and in full measure.
A.
Illustrative Cases in the year 2019-20
1.
Death of a child in school hostel (Investigation Division)
(Case No. 321/36/10/2017)
i.
The Commission received a complaint from Shri Mulkala Pally Krishna alleging that
his son namely Mulukalapally Charan, a student of 5th class of Telangana Social Welfare
Residential School (TSWRS) and living in boys hostel was killed by the senior students
during ragging and inaction by the State authorities. The police report revealed that the
deceased boy was a patient of epilepsy and his cause of death was injuries sustained by
him during an epilepsy attack.
ii.
Pursuant to the directions of the Commission, a spot enquiry was conducted by a team
of Investigation Division. During enquiry, no material or substantive evidence came forth
to prove or disprove that the deceased was suffering from epilepsy/fits. At the same time,
no motive for murder/torture of the deceased or substantial evidence proving prevalence
of ragging practice in the school could be established. However, it was found that the
admission of the child in the school was through illicit manner and was not done on
merits. Despite running a residential school, no Standard Operating Procedure was made
by the School authorities to maintain regular health checkups of children and no timely
health/medical screening were carried out. Despite the child having a history of epilepsy
(as claimed by school authorities), no medical/health records were maintained. The
doctor employed by school authorities was not a regular MBBS degree holder but a BAMS
practitioner. The ailing child (reportedly under seizure attack) was sent in an auto to the
hospital. That showed the apathy of School authorities and that they had no facilities to
respond to an emergency in such cases. More so, had the health certificate of the deceased
child been obtained at the time of his admission, following a due procedure by school
administration, it could have been sensitized for the health issue of the deceased and his
life could have been saved. Therefore, the School authorities were found responsible for
negligence and laxity in handling a situation and circumstances that led to the untimely
and unfortunate death of a small child. The administration of TSWRS had already initiated
departmental action against the then School Principal for her neglecting attitude towards
ANNUAL REPORT 2019-20
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