60 NATIONAL HUMAN RIGHTS COMMISSION without obtaining certificate of recognition, or Article 11 of The United Nations Convention on the fine which may extend to one lakh rupees and in 67 continues to run a school after withdrawal of case of continuing contraventions, to a fine of ten rights of the child recognition, shall be liable to fine which may thousand rupees for each day during which such 1. States Parties shall take measures to combat the extend to one lakh rupees and in case of continuing contravention continues. illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the contraventions, to a fine of ten thousand rupees The pernicious S.19 which requires parents-chosen conclusion of bilateral or multilateral agreements or for each day during which such contravention 66 continues. private budget schools to comply with the norms accession to existing agreements. prescribed in the Schedule of the Act and “to fulfill 68 Supra Note, viii: Article 19 of The United Nations such norms and standards at its own expenses” Convention on the Rights of the Child. Compulsory Education Act, 2009 within the three-year window which closed on 1. States Parties shall take all appropriate legislative, Norms and standards for school. — March 31 apart, there are several other provisions administrative, social and educational measures (1) No school shall be established, or recognised, of the RTE Act which are likely to adversely impact to protect the child from all forms of physical under Section 18, unless it fulfils the norms and school education countrywide. S.18 (1) which or mental violence, injury or abuse, neglect or standards specified in the Schedule. clearly has private budget schools in its sights, negligent treatment, maltreatment or exploitation, (2) Where a school established before the requires all non-government schools to obtain including sexual abuse, while in the care of commencement of this Act does not fulfil the norms a recognition certificate from the local or state parent(s), legal guardian(s) or any other person who and standards specified in the Schedule, it shall government, failing which they will not be allowed has the care of the child. take steps to fulfil such norms and standards at its to conduct classes (s. 18(4)). School promoters 2. Such protective measures should, as appropriate, own expenses, within a period of three years from who continue to dispense education without a include effective procedures for the establishment the date of such commencement. recognition certificate are obliged to pay a fine of of social programmes to provide necessary support (3) Where a school fails to fulfil the norms and up to Rs.1 lakh and Rs.10,000 per day during which for the child and for those who have the care of the standards within the period specified under sub- such contravention continues. Significantly, such child, as well as for other forms of prevention and section (2), the authority prescribed under sub- recognition is mandatory only for schools “other for identification, reporting, referral, investigation, section (1) of Section 18 shall withdraw recognition than a school establi-shed, owned or controlled treatment and follow-up of instances of child granted to such school in the manner specified by the appropriate government”. Therefore, since maltreatment described heretofore, and, as under sub-section (3) thereof. government schools are not required to obtain a appropriate, for judicial involvement. (4) With effect from the date of withdrawal of recognition certif-icate, it follows that they cannot recognition under sub- section (3), no school shall be shut down under s. 19 if they fail to comply with 69 continue to function. the infrastructure and norms prescribed by the the rights of the child : (5) Any person who continues to run a school after Schedule of the Act — a blatant inequity. States Parties shall take all effective and 65 Section 19 of The Right of Children to Free and the recognition is withdrawn, shall be liable to Article 24 (3) of The United Nations Convention on appropriate measures with a view to abolishing