Tag: compulsory

RTE Act 2009: Private Schools To Provide Free and Compulsory Education To Children From Disadvantaged Sections

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SRINAGAR: The School Education Department Tuesday sought list of all private schools functioning from government land and ordered its management to compulsorily provide free education to children from weaker and disadvantaged sections.
Director of School Education Kashmir (DSEK), in a communique has directed all the Chief Education Officers (CEOs) of the region to implement the free and compulsory education to children from weaker and disadvantaged sections by private unaided schools under section 12 (1) C of RTE Act 2009.
DSEK said that RTE, Act Section 12 (1) C envisages that all private unaided schools have the responsibility to dispense and provide free education to children from weaker and disadvantaged sections and admit at least one-fourth that is 25 percent of the total strength of class-I or pre-school education.
It further said, “All those private schools which are functioning on state land shall compulsorily admit the 25 percent of students from weaker section of their catchment area by properly publicizing the admission.”
The director of the region in this regard has requested all the CEOs to immediately furnish the list of all Private Schools functioning on the state land immediately.
Pertinently, the section 12 (1) (c) of the RTE Act, 2009 fixes the responsibility of private unaided schools to provide free and compulsory education to children from weaker and disadvantaged sections by admitting at least one- fourth of the total strength of class I or pre-school education. (KNO)

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( With inputs from : kashmirlife.net )

April 25, 2023
BJP leader moves PIL seeking compulsory voting in Parliament, Assembly polls

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New Delhi: BJP leader and practicing lawyer Ashwini Kumar Upadhyay moved a Public Interest Litigation (PIL) in the Delhi High Court on Wednesday seeking compulsory voting in Parliament and Assembly elections.
With an aim to increase the voters’ turnout, promote political participation, improve the quality of democracy and to secure the right to vote, the petitioner also sought direction from the Law Commission to prepare a report on ‘Compulsory Voting’.
According to his plea, the low voter turnout is a persistent problem in India and compulsory voting can help resolve this, particularly among marginalised communities.
“It ensures that every citizen has a voice and that the government is representative of the people’s wishes. When voter turnout is high, the government is more accountable to the people and is more likely to act in their best interests,” the PIL stated.
“Compulsory voting ensures that the elected representatives are chosen by a larger and more representative group of people. This increases the legitimacy of the government and enhances the quality of democracy,” the plea further stated.
It has been said that when voter turnout is low, the government may not be representative of the people’s wishes, and this can lead to a lack of trust in the democratic process.
“Compulsory voting can help to ensure that the government is truly representative of the people,” it said.
The plea further stated that ‘Compulsory Voting’ is in practice in many countries.

“The Constitution provides for the right to vote as a fundamental right under Article 326. This right is subject to reasonable restrictions imposed by law. Compulsory voting can be implemented as reasonable restriction in the interest of ensuring the smooth functioning of democracy. The Supreme Court has also held that the right to vote is a statutory right, and the government has the power to impose reasonable restrictions on this right,” it added.
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( With inputs from www.siasat.com )

March 16, 2023
Delhi HC notice to Centre on PIL against compulsory reporting of POCSO cases

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New Delhi: The Delhi High Court on Tuesday asked the Centre to file its reply, within six weeks, on a PIL challenging provisions of Protection of Children from Sexual Offences (Pocso) Act, 2012, requiring compulsory reporting of sexual offences against minors.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, dealing with lawyer Harsh Vibhore Singhal’s matter, issued notice on the petition and listed the case for pleadings to be complete before the Joint Registrar in July.
Singhal has sought “judicial invalidation” of various sections of the POCSO Act, as these violate minors’ right to give informed consent for not reporting the matter and are against Article 21 of the Constitution.
“… the law is well settled that neither law, nor police nor any court can force a sexual assault survivor to report an offence by filing an FIR and no police or court can force any minor in consensual sex to report her sexual activity. Thus, the impugned sections requiring mandatory reporting are untenable, arbitrary and unconstitutional and deserve to be set aside,” the petition contends.
The petitioner argued that these provisions deprive minors and grown-up women of seeking prenatal, reproductive, and sexual healthcare.
“…consensual sexual acts by under 18 minors fall squarely within the penumbra of the right to privacy which has also been recognised by a nine-judge SC bench in Puttaswamy v. Union of India”, the petitioner stated.
The bench was urged by Singhal to declare the challenged provisions “unconstitutional”.

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( With inputs from www.siasat.com )

February 21, 2023