The Commission took cognizance after the news of 'The Mooknayak', sought report in 15 days.
Bhopal. The case of caste discrimination against a single mother and her daughter of Scheduled Caste category in Pratibha Sthali Gyanodya Vidyalaya, Jabalpur, Madhya Pradesh has forced the Madhya Pradesh State Scheduled Caste Commission to take strict action. Taking cognizance of this serious matter, the Commission has sought an investigation report from the Assistant Commissioner, Tribal Affairs Department, Jabalpur within 15 days. It has also been directed that if the Right to Education Act 2009 or Article 21 (A) of the Constitution has been violated by the school, then necessary legal action should be taken against the culprits.
This matter came to light when last year ‘The Mooknayak’ published a detailed report on this subject. The report said that Sunita Arya, a Scheduled Caste community resident of Jabalpur, had applied to Pratibha Sthali Vidyalaya to get her daughter admitted in Class 4. But the school administration not only refused to admit her, but also treated her in an insulting manner using casteist words. She was discriminated against only because she is a Dalit and her daughter was born in a live-in relationship and is biologically Jain (general).
Sunita Arya alleges that the school administration looked at her negatively on the basis of her caste identity and used words like ‘Ahirwar’, ‘Chamar’ during the conversation. Apart from this, the school administration also raised the question about the family status of the girl, as Sunita Arya is a single mother.
Sunita had also attached a DNA test report with her application, which proves that the girl is the biological child of her and her partner Manish Jain and there should be no doubt about any kind of identity. Despite this, the school did not admit the girl.
Talking to The Muknayak representative, Sunita Arya says that she had applied for admission of her daughter in class 4 in Pratibha Sthali Vidyalaya, Jabalpur. But the school administration rejected her application saying that the family status of the girl is not clear. Sunita says that she even got a DNA report, which proves that the girl is the child of her and Manish Jain, who belongs to the Jain community. Still she was insulted on the basis of caste. The school people called her by derogatory words like ‘Ahirwar’ and ‘Chamar’.
Sunita alleges that the school administration treated her in a discriminatory manner and mentally harassed her. She also told that casteist language was also used in the conversation on WhatsApp by the school management, copies of which she has submitted to the Scheduled Caste Commission. Sunita says that being a mother, she wanted her daughter to study in a good school, but she was treated unfairly due to caste and daughter being born during living.
Allegation of mental harassment, evidence submitted to the commission
Sunita has claimed in the application submitted to the commission that she was mentally harassed and treated in a discriminatory manner by the school management. She has also submitted screenshots of WhatsApp conversations with the school and other documents to the commission, which mention caste-based behavior and insensitive comments made by the school.
Apart from this, Sunita Arya has also rejected the preliminary investigation report of this case and in the counter-claim sent to the commission, she has said that facts have been hidden in the investigation and conclusions have been drawn in a fabricated manner.
Commission’s strictness:
Looking at the seriousness of the matter, the commission has clarified in this case that if the reply is not received within the stipulated time limit (15 days), then it will take suo motu cognizance and take action using the powers conferred on it like a civil court.
Secretary of the State Scheduled Caste Commission, Seema Soni, said that the commission is looking into the matter as a violation of the fundamental rights of the Constitution and if the faults are proved, action can be taken against the school management under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
What is the legal provision?
- Right to Education Act, 2009
Gives the right to free and compulsory education to all children between 6 and 14 years.
- Article 21 (A) of the Indian Constitution
Provides the fundamental right to primary education to every child.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Provides strict punishment for discriminating or insulting any Scheduled Caste or Scheduled Tribe person on the basis of caste.
Courtesy: Ankit Pachauri, Hindi News