Delhi Public School, Anandapuram Parents Association

( No: 782 of 2021 )

Visakhapatnam

information

IMPORTANT UPDATES:

Parents submitted complaints to the District Education Officer (DEO) and Regional Joint Director of School Education (RJD) through Spandana online Govt portal for Grievances, and the responses received:

1. RJD instructed DPS, Anandapuram to collect the fees as per the Govt order which is a maximum of Rs.18,000/- per annum (Dated: 02-12-2021): Click Here to Download

2. DEO, Visakhapatnam instructed DPS, Anandapuram to collect the fees as per the Govt order which is a maximum of Rs.18,000/- per annum (Dated: 01-12-2021 ): Click Here to Download

RTE Act, 2009

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which has come into force on 1 April 2010. This Act, prohibits ‘physical punishment’ and ‘mental harassment’ under Section 7(1) and makes it a punishable offence under Section 17(2). These provisions read as follows: 

  • Section 17, Prohibition of physical punishment and mental harassment to child (1) No child shall be subjected to physical punishment or mental harassment. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.
  • Sections 8 and 9 of the RTE Act place a duty on the appropriate Government and the local authority to “ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds”.
  • The RTE Act does not preclude (which means prevent) the application of other legislation that relates to the violations of the rights of the child, for example, booking the offenses under the IPC and the SC and ST Prevention of Atrocities Act of 1989.
Definition of Corporal Punishment

At present, there is no statutory definition of corporal punishment of children in the Indian law. Definition of corporal punishment can at best be only indicative. In keeping with the provisions of the RTE Act, 2009, corporal punishment could be classified as 

(a) physical punishment, 

(b) mental harassment and 

(c) discrimination. 

Corporal punishment will also include all forms of sexual offences as per the Protection of Children from Sexual Offences Act, 2012.

Physical punishment: The United Nations Committee on the Rights of the Child defines “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Examples of physical punishment include but are not restricted to the following:

  1. Causing physical harm to children by hitting, kicking, scratching, pinching, biting, pulling the hair, boxing ears, smacking, slapping, spanking with or without any implement (cane, stick, shoe, chalk, dusters, belt, whip, giving electric shock etc.);
  2. Making children assume an uncomfortable position (standing on bench, standing against the wall in a chair-like position, standing with school bag on head, holding ears through legs, kneeling etc.);
  3. Forced ingestion of anything (for example: washing soap, mud, chalk, hot spices etc.);
  4. Detention in the classroom, library, toilet or any closed space in the school.

Mental harassment is understood as any non-physical treatment that is detrimental to the academic and psychological well-being of a child. It includes but is not restricted to the following:

  1. Sarcasm that hurts or lowers the child’s dignity;
  2. Calling names and scolding using humiliating adjectives, intimidation;
  3. Using derogatory remarks for the child, including pinning of slogans;
  4. Ridiculing the child with regard to his/her background, status, parental occupation, caste or with regard to his/her health status or that of the family especially HIV/AIDS and tuberculosis;
  5. Belittling a child in the classroom due to his/her inability to meet the teacher’s expectations of academic achievement.
  6. Using punitive measures to correct a child and even labelling him/her as difficult; such as a child with attention deficit hyperactivity disorder who may not only fare poorly in academics, but also pose a problem in management of classroom behaviour;
  7. ‘Shaming’ the child to motivate the child to improve his/her performance;
  8. Ridiculing a child with developmental problems such as learning difficulty or a speech disorder, such as, stammering or speech articulation disorder.

Discrimination is understood as prejudiced views and behaviour towards any child because of her/his caste/gender, occupation and region or non-payment of fees or for being a student admitted under the 25% reservation to disadvantaged groups or weaker sections of society under the RTE, 2009. It can be latent or manifest and includes but is not restricted to the following:

  1. Bringing social attitudes and prejudices of the community into the school by using belittling remarks against a specific social group or gender or ability/disability;
  2. Assigning different duties and seating in schools based on caste, community or gender prejudices (for example, cleaning of toilets assigned by caste; task of making tea assigned by gender).
  3. Commenting on academic ability based on caste or community prejudices; Denying mid-day meal, library books, uniforms, sports facilities to a child or group of children based on caste, community, religion or gender;
  4. Deliberate neglect.
The Juvenile Justice (Care and Protection of Children) Act, 2000

This is an important statute that criminalizes acts that may cause a child mental or physical suffering.

Section 23 of The Juvenile Justice (Care and Protection of Children) Act, 2000 states as follows: “Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.”

Section 23 of The Juvenile Justice (Care and Protection of Children) Act, 2000 covers the action of anyone who has “actual charge or control over a child ”. While section 23 is likely to be applied most often to personnel in childcare institutions regulated by the JJ Act, it arguably applies to cruelty by anyone in a position of authority over a child, which would include parents, guardians, teachers and employers.

Several provisions of the Indian Penal Code (IPC) relating to varying degrees of physical harm and intimidation can be used to prosecute perpetrators of corporal punishment against children in an institutional setting. These include, inter alia:

  • Section 305: Abetment of suicide committed by a Child; 
  • Section 323: Voluntarily causing hurt;
  • Section 325: Voluntarily causing grievous hurt;
  • Section 326: Voluntarily causing hurt by dangerous weapons or means;
  • Section 352: Assault or use of criminal force otherwise than a grave rovocation; 
  • Section 354: Outraging the modesty of a woman;
  • Section 506: Criminal intimidation;
  • Section 509: Word, gesture or act intended to insult the modesty of a woman;
State Governments / Appropriate Government:

An environment free of corporal punishment should be stipulated as one of the conditions for giving recognition/no-objection certificate (NOC) to a school by the State Government under the RTE Act and also as one of the conditions for giving affiliation to a school by the State Board.

School Management Committee

Role of School Management Committee by CBSE

The School seeking affiliation and affiliated schools should also satisfy the following conditions as per norms of CBSE Affiliation   Bye-Laws, 2018 and circular no. 10.2019 dated 08.03.2019.

Composition of School Management Committee:

The management committee of a recognized aided school shall consist of not more than fifteen members; and the management committee of a private unaided school shall consist of not more than twenty one members; However in case of senior secondary schools offering vocational subject additional member(s) (subject expert(s) as per subject offered may be appointed.

Subject to provisions of clause 8.1 and the total number of members specified in clause 8.2.1, every management committee shall include the following namely: —

  1. The Head of the school. S/he will be a Member Secretary of the School Management Committee;
  2. Two parents of students studying in the school. One father and one mother of students specifically in co-educational schools.
  3. Two teachers of the schools;
  4. Two other persons (of whom one shall be women); who are, or have been, teachers of any other school or of any college, to be nominated by the Trust/Society/Company;
  5. Two members to be nominated by the Board;
  6. The remaining members to be nominated or elected as the case may be, in accordance with the rules and regulations of the society/trust/Company running the school.
  7. Members may be nominated as per the conditions, if any, laid down in the “No Objection Certificate”.
  8. At least fifty percent of the members should be women.

Provided further that the above provisions shall be implemented with immediate effect and the schools affiliated earlier and not complying with above provisions shall be required to take remedial measures with suitable qualified substitutes within a year of notification of these bye-laws.

Powers and Functions of the School Management Committee

Subject to overall control of the Society/Trust/ Company the duties, powers and responsibilities of the School Management Committee shall include but not limited to the following:

  • It shall supervise the activities of the school for its smooth functioning.
  • It will work according to the specific directions given by the Society/Trust/Company regarding admission policy. However, it shall ensure that admissions are made as per merit without discretion of gender, disability, religion, race, caste, creed and place of birth etc. strictly as per state policy.
  • It shall look into the welfare of the teachers and employees of the school.
  • It shall evolve both short-term and long-term plans for the improvement of the school.
  • It shall make appointments of teachers and non teaching staff.
  • It shall exercise financial powers beyond those delegated to the Principal within the budgetary provisions of the school.
  • It shall take stock of academic programmes and progress of the school without jeopardizing the academic freedom of the Principal.
  • It shall guide the Principal in school management.
  • It shall ensure that the norms given in the Acts/Rules of the State/UT and of the CBSE regarding terms and conditions of service and other rules governing recognition/Affiliation of the school are strictly adhered to.
  • It shall ensure that no financial irregularity is committed and no irregular procedure with regard to admission/examinations is adopted.
  • It shall approve the rates of Fees and other charges subject to the conditions laid down in Chapter-7.
    It shall review the budget of the school presented by the Principal and forward the same to Society/Trust/Company for approval.
  • It shall ensure the safety and security of children and staff of the school and give directions for improvement.
  • It shall look into grievances of the teachers and staff in connection with their service conditions and pay etc. and dispose of such grievances in accordance with applicable rules.
  • The School Management Committee will meet at least twice in an academic session.
For more information about the Role of School Management Committee by CBSE:
Guidelines for Eliminating Corporal Punishment in Schools:
By National Commission for Protection of Child Rights:
Safety and security of children in schools by National Commission for Protection of Child Rights (NCPCR):
All private and unaided schools (As per the RTE Act 2009) must have Parent Teacher Association. Guidelines of fixing accountability of school management by Government of India, Department of school and Literacy (as per the Supreme court order dated 15-04-2018):