CWC Srinagar scraps expulsion of a child with Special Needs

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Srinagar: Child Welfare Committee (CWC) Srinagar (Bench of 1st Class Judicial Magistrate) has quashed termination of a child With Special Needs by a school here

“The action taken by the School against the Child for cancellation of LRC intervention, issuing of Transfer Certificate, terminating, expelling or dismissing him from school is illegal and merits to be quashed and hence quashed,” said the 5 member committee headed by Chairperson, Dr Khair Ul Nisa. 

“The Committee in light of existing law on the subject feels it appropriate to accept the instant application. For what has been discussed and stated …. the application is allowed as per merits & law provided under the Juvenile Justice (Care & Protection of Children) Act, 2015 and the law laid down by the Hon’ble Apex Court and various Hon’ble High Courts,” said the panel. 

The father in the application had stated that his son is a student of the school and is a special need child with Attention Deficit Hyperactivity Disorder ( ADHD) studying in Learning Resource Centre  LRC) in the School from last 12 years.

The father further stated that he received a mail from In-Charge LRC that his ward had been terminated from school on the ground that he had a fight with another student in the department.

The father stated that it was not a big fight and none of the children got even a scratch. “Actually my son was provoked and abused due to which a small fight happened. It was just an excuse to cancel the admission of my ward,” he said. 

While allowing the application, the Committee directed the Principal of the school to submit an undertaking to the effect that in future children shall not be given any punishment by way of suspension, termination, expulsion or dismissal from school.  In the undertaking the Principal has also to indicate that children with deviant behavior shall be reformed by utilizing the services of the experts as and when required and in the event of failure to do so, the Principal shall be personally held responsible and action as warranted under law shall be binding upon her/him.

“The Concerned authorities governing the school education system in the UT of J&K are requested to kindly issue necessary guidelines, if not already issued, and create necessary awareness for sensitisation of the teaching/non-teaching staff and management of the educational institutions,” the committee said.

Observing that since 20.10.2022, the CNCP has gone through mental trauma, agony and has got stigmatised, the panel requested the District Magistrate, Srinagar to kindly direct the school for necessary compensation to the CNCP. 

While the panel said the CNCP shall continue his studies in the school with intervention of Learning Resource Center, it asked  his parents to cooperate with the school authorities for his reformation. 

While the panel held the CNCP shall participate in individual/ group counseling by a professional Counselor to be provided by the School, it said:  “ The father of the CNCP  will report to this Committee monthly progress report of the CNCP”.

The Panel asked the Protection Officer Non-Institutional Care, District Child Protection Unit, Srinagar to keep strict vigil on the activities of the CNCP  and submit a monthly report to this Committee.

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