By Sikta Mukherjee
Justice delayed is justice denied
Srinagar: Is a school above law? The question assumes significance in light of the way a city based private school, DPS Srinagar, is apparently not even afraid of contempt of court by disobeying its orders with respect to a case concerning a 11-year-old blind student of the same school.
The parents and the three social activists, who fought for their cause, claim that the concerned school had thus far refused to obey the court order.
The story so far was that after a school bus had run over the 11-year-old Mohammad Ayaan Zaafar during school hours and within the school campus due to criminal negligence of school authorities on June 19 last year, it was much of an ordeal for the poor boy’s parents who had to run from pillar to post, not just for the treatment of their son, but also for their craving for justice. Earlier Ayaan was was only partially visually impaired, but the negligence of the school and his teacher had also made him wheelchair-bound.
Also read:
- Hope finally beckons a specially-abled child in Srinagar
- Court slams school for lying; orders full compensation for injury to a blind student in Kashmir
Finally with the help of three child rights activists, Zaheer Jan, Dr Chintanjeet Sarna and Mudasir Shaban, they could get a case filed in the the Court of Chief Commissioner For Persons With Disabilities, which in a landmark judgement on August 24, 2020 — the first of its kind in Jammu & Kashmir — recommended reimbursement of all medical expenses of the child for treatment of injury caused due to the accident as well as full scholarship to Ayaan “till such time he continues in the school”. The Court also directed that on no account the child should be dismissed from the school and/or harassed by the respondents (School Principal and the Jammu & Kashmir Police).
Even after over two months since the Judgement was delivered, the child, his parents and the activists are back to the square one — once again running from pillar to post to ensure that the judgment is indeed implemented. The three activists have already written to National Commission for Protection of Child Rights, National Human Rights Commission as well as Women and Child Development Minister Smriti Irani to intervene in this case.
In their letter to Priyank Kanoongo, Chairman National Commission for Protection of Child Rights, on October 7, 2020, the activists requested him to intervene as the child was “in dire need of care and protection”.
Subsequent to their complaints, the higher authorities did take note of it. On October 9, the NCPCR sent notice to Deputy Commissioner, Srinagar to look into this matter and directed him to inquire into the matter and provide current status of compliance of order given by Court of Chief Commissioner for Persons with Disabilities. “Kindly send the response within three weeks of receipt of this letter.within three days. On October 23, the Union Ministry of Women and Child Development too wrote to the Director General of Women and Child Development, Social Welfare Department, Jammu & Kashmir, regarding non-
compliance of CCPD Judgment. “lt is requested that requisite action may be taken in the matter and the CCPD Judgment may be complied in true letter and spirit,” the letter said.
However, with little headway, the relentless efforts of the activists resulted in yet another notice, this time on November 4 by the National Human Rights Commission, to the Senior Superintendent of Police, Srinagar and the District Collector of Srinagar, requesting them submit their report within 4 weeks .
Hopefully the matter would be resolved now but the more pertinent question is that why it takes so many months to get a simple court order executed on ground? “There is an urgent need that the government consider giving more power to these commissions,” said Zaheer Jan.
Zaheer Jan has a point. Isn’t it true that justice delayed is justice denied?
