[mpisgmedia] Fwd: [eebill] Contempt Notice (Social Jurist) ... MPISG seeking non-contempt options!

SJ release and news report url at end of this:

A building in Bawana has competing claims -
dispensary, boys school, girls school and DC office.
By court order dispensary was ousted in 2003 (in 2004
pushta relocates including children died in bawana for
lack of medical facilities). By contempt notice DC
office is to be ousted now (and, from all accounts of
anarchy there, may well be more needed than, say,
right of girl child to study in boys school). This is
not about rights, this is about abetting conflict (I
would press for the area to be according to standards,
with space for dispensary, girls and boys school and
DC office) and this is about diverting attention from
the illegality of shoddy resettlement in lieu of
mandatory standard housing (in integrated manner, so
as to allow the 25% free seats, etc). A very different
"child-rights" take on Bawana (of which CVC has taken
cognisance) is at:
http://plan.architexturez.net/site/dmp2021/ncmp/f/040707.doc

(And there are also worthier "child-rights" contempt
cases against MCD in the Pushta-Bawana loop, eg, (a)
not allowing option of payment by instalment as per
court order for pushta clearance; (b) not arranging
buses for children evicted from pushta till exams; (c)
upgrading its tented school in pushta to porta-cabins
while pushta was being evicted (to Bawana) by court
order against ALL unauthorized structures; (d) giving
it to ActionAid afterwards, etc. (About the last, I am
glad to report Police is investigating on MPISG
complaint: see links from 13/12/2004 on
http://plan.architexturez.net/site/mpisg/riverbed))

Can / should education rights be won by court orders
and contempt notices against state and/or schools is
something we would do well to reflect about. 12 weeks
time of the court order in MPISG PIL for stopping
violations getting in the way of the statutory equal
access neighbourhood school system has just elapsed,
without compliance, and we are trying to figure out
non-court/contempt options; for anyone interested,
case profile is at:
http://plan.architexturez.net/site/mpisg/f



---------
> Also news report, at:
>
http://www.hindu.com/2005/01/22/stories/2005012214490300.htm
>
> >From: "Ashok" <[email protected]>
> >Date: Sat, 22 Jan 2005 12:49:36 +0530
> >
> >SOCIAL JURIST
> >
> > A LAWYERS GROUP
> >
> >478-479, Lawyers Chamber, Western Wing,
> >
> >Tis Hazari Courts, Delhi-110054
> >
> >Phone : 23910014, Fax : 23986541
> >
> >
> [email protected]
> >
> >Website:www.socialjurist.com
> >
> >
> >
> >21.01.2005
> >
> >
> >
> >To,
> >
> > The Commissioner,
> >
> >Municipal Corporation of Delhi,
> >
> >Town Hall, Chandni Chowk,
> >
> >Delhi-110006.
> >
> >
> >
> >Dear Sir,
> >
> >
> >
> > It is brought to your
> notice that the entire
> >school premises of MCD Boys School, Bowana has been
> occupied by the office
> >of the Deputy Commissioner (MCD) since 1st January
> 2005 and all the 700
> >students studying in the said have been shifted to
> other schools to the
> >disadvantage of these students and in contempt of
> High Court Orders. The
> >MCD Primary Girls School, Bowana (old) has been
> converted into double shift
> >school from 01.01.2005 and 100 girls who were
> studying in MCD Primary Boys
> >School, Bowana have been shifted to the 2nd shift
> of MCD Primary Girls
> >School, Bowana (old). This is the only case where
> the girl students have
> >been forced to study in the 2nd shift. There is no
> other MCD school where
> >girl students study in 2nd shift. This move of the
> MCD has been strongly
> >opposed by the parents of these girl students.
> The students of six
> >sections of MCD Primary Boys School, Bowana have
> been shifted to MCD
> >Primary School, Ishwar Colony, Bowana which is 1
> km. from the site of their
> >earlier school. Why this school has been virtually
> closed when there is
> >need of more schools to be opened?
> >
> >
> >
> > In July 2002, Social
> Jurist filed a PIL (Civil
> >Writ No. 4032/2002) in Delhi High Court
> highlighting that the municipal
> >dispensary was being run in the premises of the MCD
> Boys School, Bowana by
> >occupying two classrooms, one multi purpose room
> and a toilet block thereby
> >depriving more than 750 school children of class 1
> to 5 (both boys and
> >girls) not only of the benefit of classrooms,
> multi-purpose room and toilet
> >block but also of the playground. It was also
> highlighted that the
> >municipal dispensary was run during the school
> hours resulting in entry of
> >large number of patients, their relatives etc. in
> the school premises which
> >roam in and around the playground and classrooms of
> the children causing
> >disturbance to the studies of the children. It was
> submitted that
> >dispensary employees throw open the medical waste
> including used syringes
> >in the playground and the same were picked up by
> the school children
> >endangering their lives. It was submitted that the
> said action on the part
> >of the MCD was not only in violation of the rights
> of the children as
> >guaranteed to them under Articles 21 and 45 of the
> Constitution of India
> >read with Delhi School Education Act, 1973, Delhi
> Primary Eduction Act,
> >1960 and UN Convention on the Rights of the Child
> but also in violation of
> >the orders dated 16.02.2001 of a Division Bench of
> Delhi High Court passed
> >in PIL (CW. 5329 of 1997) wherein the Hon'ble
> Judges observed "We can not
> >permit the MCD to open its offices in schools and
> deprive the children of
> >their classrooms."
> >
> >
> >
> > When the above said PIL
> (CW No. 4032/2002) came up
> >for hearing before the High Court on 02.08.2002,
> the High Court directed
> >you to remove the dispensary from the school
> premises on or before 31st
> >January 2003 and hand over the possession of the
> class rooms etc. to the
> >school after the same were vacated by MCD.
> Pursuant to the said Orders,
> >the MCD removed the dispensary and handed over the
> classroom etc. to the
> >school.
> >
> >
> >
> > It is shocking that now
> the Deputy Commissioner
> >Office of MCD has been allowed to function from the
> premises of MCD Boys
> >School, Bowana and the children studying therein
> were arbitrarily shifted
> >to other schools. This action on your part goes
> against the letter and
> >spirit of the aforementioned orders of the Hon'ble
> High Court and
> >tentamounts to contempt of the High Court which
> attract penal action
> >against you.
> >
> >
> >
> > It is, therefore, demanded
> that the Deputy
> >Commissioner office should be removed immediately
> from the premises of the
> >MCD Primary Boys School, Bowana and all the
> students shifted therefrom
> >should be brought back to the school and the school
> should be used only for
> >the purpose of the school and nothing else. If it
> is not done, we will
> >approach the High Court with contempt petition
> against you. Please note.
> >
> >
> >
> >Thanking you,
> >
> >Yours Sincerely,
> >
> >
> >
> >(Ashok Agarwal)
> >
> >Advocate
> >
> >Advisor, Social Jurist
> >
> >
>
> _______________________________________________
> eebill mailing list
> [email protected]
>
http://mail.architexturez.net/mailman/listinfo/eebill
>


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