No child to be deprived of edn if father in jail

Updated on: Saturday, July 24, 2010

No child should be deprived of right to education just because the father is in judicial custody, a Delhi court has said. "Free and compulsory education for children is a Constitutional obligation of the state as provided under Article 45 of the Constitution of India and therefore no child under the age of 14 years should be deprived of the primary eduction only because his father is in judicial incarceration," Additional sessions judge Kamini Lau said.

The court passed these observations while directing Delhi police to help undertrial prisoner Mukesh Kumar ensure that his five-year-old son is admitted to a school. "Under these circumstances it is the primary obligation to ensure that the child of Mukesh should have an access to primary eduction," the court said.

Mukesh, who has been in judicial custody since February nine last year in a criminal case, filed an application through counsel Tripurari Tiwari seeking interim bail in order to get his five-year-old child admitted to a school. "The wife of the accused is totally illiterate and requires assistance from her husband for the purposes of the said admission," Tiwari submitted.

Taking Kumar's plea into consideration, the court, however, directed SHO Shalimar Bagh to ensure all help and assistance to the family through some NGOs working in the area to get his child admitted to a government-run school near to his home'

No child to be deprived of edn if father in jail

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