• Child neglect by parents

I am writing to inquire about protection of children from educational neglect.

I have a relative who is not sending both their children to school. They have a 10 year old son and 14 year old daughter. Father is an intimidating personality who refuses to listen to others.

He is an educated person who works as a medical representative in Mumbai. But he is very adamant on not sending kids to school. Mother is a house-maker and is dependent on her husband. She is afraid to go against her husband’s wish. From past 2 years daughter is living with parents but staying with grandparents in another state and is out of school.

As a result both the children are out of school currently. 


I am a concerned relative of the children.
Asked 5 months ago in Family Law
Religion: Hindu

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13 Answers

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine

2)

Right to Education Act (RTE) provided free and compulsory education to children and enforced it as a fundamental right under Article 21-A.

 

3) it focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

 

4) complain against the parents in police helpline for children 

 

5) Anyone can call the number and report physical, mental or sexual abuse of children, any possibility of trafficking or sexual assault, or other problems like corporal punishment at schools. Also, callers who wish to be unidentified can remain so.

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. During the lifetime of biological parents nobody else has any locus to maintain a petition under the Guardians and Wards Act except if the biological parents are incapacitated or are in incarceration.

2. It is unfortunate that children are not given education but there is nothing you can do about it.

3. Mother is the one who has to muster the courage to initiate legal proceedings.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

This is very strange. You should lodge a complaint against him with the local SDM/commissioner. If they do not respond then an application may be given in the high court or a police complaint may be done against him by his wife.


Right to education is a fundamental right. 

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

The complaint can be lodged in Child Welfare committee which has presence in every state. 

However the grievance would be effectively regressed if the mother goes to court on this issue. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

The law has no remedy to this situation, as the parents are not answerable under ant Indian Law for this situation. This position is despite the fact that RTE law provides for free and compulsory education for all children aged 6 to 14 years.

 

It is better that your report these parents to a local NGO working in the field of education and child protection. They would intervene and counsel the parents. 

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

Dear Sir,

1) Instead of taking legal action, you should go and try to discuss the Right to education, duty of guardian under constitution for compulsory education with the father.

2) You will have to find out reason of father to deny education to the kids.

3) If no resolution is met you should the local authority, Administrative officer/SDM or write to them about the issue. State government has the authority and responsibility to implement RTE. It is also their duty to make sure no child is derived of this fundamental right.

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

Dear Sir

There are some NGOs supporting the children and you may get the issue resolved through such NGO and if required they will approach High court to get the custody of the child since parents not supporting the children.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

Under Section 10 of Right of Education Act, it is the the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school. You can complaint on line to National Commission for Protection of Child Rights (NCPCR) in India the commission is entitled to look in to eprivation and violation of child rights.

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

Article 39 of Part IV of the Constitution asks the State to direct its policy towards securing (among other things), that children are not abused; not forced by economic necessity to enter avocations unsuited to their age or strength; and that they are given opportunities to develop in a healthy manner and in conditions of freedom and dignity, protected against moral and material abandonment. .

 

As per The Constitution of India, Article 15(3), State must make special provisions for children. 

the Juvenile Justice (Care and Protection of Children) Act, 2015 is India’s fundamental law in dealing with children in need of care and protection. It caters to their needs through care, protection, development, treatment, social reintegration, through its child-friendly approach by addressing matters in the best interest of children.

Working in collaboration with the National Commission for Protection of Child Rights (NCPCR), Save the Children launched the Standard Operating Procedure (SOP) for Care and Protection of Children in Street Situations. The SOP lays down a sequence of actions to be taken for restoration and rehabilitation of street children. 

The NGO is tirelessly working for the protection of children pushed into child labour, children facing abuse in the community, children trafficked, children affected by a calamity or emergency situations. It rescues them from children facing various kinds of harms – abuse, neglect, exploitation, physical danger and violence. Executing programmes in India’s remotest parts, the NGO is driven by the premise of ensuring happy and safe childhoods for all children. 

You may contact the NGO  and help the children to get their education and proper care from their parents or through any other source

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

- As per law , to get the education is the right of the child , and parents cannot refused for the same as it is an offence.

- That child can file a compliant through any of his relative before the court for getting maintenance and the amount of his education till the age of 18 or finishing the education . 

- There are many provisions in the law under which the child can claim maintenance from parents and education expenses. 

- Further even you can approach the court or child welfare committee in favour of child. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Dear Querist

As per section 10 of the Right of Children to Free and Compulsory Education act-2009, it is the duty of parents and guardians. - It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to elementary education in the neighborhood school.

 

if the father is not willing to provide education to his children then you may file a complaint before a competent authority/local authority

Local authority means: a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village;

 

The concerned person will issue notice to him and he has to specify his reason for the same and if the competent authority/local authority will be satisfied with his reason then the officer decided the matter as per Law otherwise he may be directed for admission of his children.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6086 Answers
288 Consultations

4.9 on 5.0

Hii greetings of the day..take a help of NGO and file a complain in support to children's welfare.

Some NGO like DNd ettv

 

 

 

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

SC made right to education as fundamental right. 

 

You can file direct police complaint and even send anonymous complaint. 

 

You can even complaint to NGO.

 

 

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

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