Schools cannot collect ‘voluntary donations’ from parents

[email protected] (Abrar Ahmed Khan)
May 3, 2012

rteThe Right to Education (RTE) Act has been haunting private schools ever since it was passed by the union government in 2009. However, the latest notification of the Act in the state gazette by the Karnataka government wherein it has been made clear to the schools that they cannot charge any donation from the parents, not even ‘voluntary donation’, is likely to come as a bigger blow to them.

At the end of the RTE document being notified by the state government are forms to be filled by the schools addressed to the Deputy Director of Public Instructions (DDPI) in order to get them ‘recognised’. It has been clearly specified in Condition No. 5 of Form 2 that: “The society/ school shall not collect any capitation fee or voluntary donations from the parents of children at any time either during admission or during the course of the academic year. The school shall collect only tuition fee and other fee as approved by the department”.

The condition also demands the school to notify the scale of fee and “display prominently in school premises”.

Strict guidelines against collection of donations by schools had been specified in the Act passed by the central government in 2009 itself. According to the Chapter IV, Section 13 (1) of the Act, “No school or person shall, while admitting a child, collect any capitation fee and subject the child or his parents or any guardian to any screening procedure”. The Act defines ‘Capitation Fee’ as “any kind of donation or contribution or payment other than the fee notified by the school”. Besides, according to the Act Section 13 (2)(a), if a school collects capitation fee from the students, it “shall be punishable with fine which may extend to ten times the capitation fee charged”.

But the word ‘voluntary donations’ finds a specific mention in the state government notification clearly stating that no such donations could be taken from parents by the schools at the time of admission or during the course of the academic year.

Most private schools are alleged of minting money in the form of donations and treating education like a business activity. Such schools are likely to be irked by Condition No. 15 of the Form notified by the state government which states that: “The school shall not be run for profit to any individual or group or association of persons”.

Speaking to Coastaldigest.com, Fr. Clifford Sequeira, Correspondent, St Aloysius Primary School, said: “People say that our management mints money and so on. As far as our institution is concerned, whatever is earned is ploughed back into the institution in terms of developing infrastructure and providing better facilities and study environment to the students. Besides, it is our well-wishers and alumni that we depend on to collect funds for the school”, he says.

Renni D’Souza, education activist, however feels that schools must be specific in their source of collection of funds. “If schools say that they collect money from outsiders then they can do so. As long as they collect money from well-wishers and others it is fine but they cannot charge anything from the parents. The Act is very clear when it states that no donation can be charged from parents during admission and during the course of the academic year”.

Prof. M B Puranik, President of Tulunadu Education Trust which runs Sharada Vidyalaya school feels that the RTE Act as a whole itself is an attempt by the government to interfere in private schooling administration and that it is not right on its part to interfere in its fee structure.

The state government notification has also specified in the following condition i.e. Condition No. 16 that the accounts of the school must be audited by a Chartered Accountant and a copy of such audited statements must be sent to the DDPI/BEO by the end of June every year.

Besides, those schools which come under the category wherein they are required to accommodate 25% of children from weaker sections, have been instructed by the Act to open and maintain a separate bank account for receipt of reimbursement amount from the government, as per Condition No. 4 of the Form. The bank account is to be subject to audit by the Department, as well.



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Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

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Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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Ram Puniyani
January 26,2020

During last couple of decades we have been witnessing the coming up of various statues in different parts of the country. There is diverse political logic and different set of political tendencies for erecting these statues. When Mayawati was UP CM, she got multiple of her own statues made, in addition to many statues of major dalit icons, irrespective of the criticism against that act. As per her strategy it was a symbol of identity of dalit assertion. The biggest statue to come up was that of Sardar Vallabh Bhai Patel, a lifelong Congressman, whom RSS combine is trying to appropriate. This statue of Unity was ‘Made in China’. The clever trick was that the same forces were behind this statue, which was banned by Patel in the aftermath of Gandhi murder. Interestingly while currently BJP is blaming Congress for Partition of India, ironically it was Sardar Patel who was in the committee which gave final stamp of approval for the partition of India.

There is also a talk in UP, where the Ram temple campaign yielded rich electoral dividends for BJP, to have tallest statue of Lord Ram in Ayodhya. In a state where children are dying in hospitals due to lack of Oxygen cylinders, a huge budgetary allocation will be required for such project. While on statues one should also remember that in Maharashtra a tall statue of Chatrapati Shivaji Maharaj is underway in Arabian Sea, near Mumbai. Only few voices of protest against it came up, e.g. that of renowned journalist, now, MP, Kumar Ketkar, whose house was vandalised for his opposing the move on the grounds that same massive amount can be utilized for welfare-development activities in the state.

On the back of this comes a comparatively low budget 114 feet tall statue of Jesus Christ in Karnataka, in Kappala hills Harobele village, where Christian pilgrims have been thronging from last several centuries. The land for this has been donated by Congress leader Shivaprasad and his brother, a Congress MP. It is planned to be carved out from a single rock. The plan of this statue is being opposed by those who have been behind most of the statue projects so far. Hindu Jagran Vedike, VHP, RSS are up in arms saying that they will not let this come up. There are various arguments cited for this opposition. It is being said that this was a place of worship of Lord Munnieshwara (a form of Lord Shiva).

More than this it is being argued that Shivakumar is trying to please his Italian boss in the party. Also that this will bring back the period of slavery of foreign rule, the colonial rule of British. As such this opposition is more in tune with the ideology of RSS combine, which has been for a statue here and a statue there. Their politics regards Christianity as a ‘foreign religion’! It is true that in Citizenship Amendment Act, they have not excluded Christianity while other religion, which they regard as ‘Foreign’ i.e. Islam. Here they are using a different logic, that the countries from where persecuted minorities are coming, are Muslim countries, Pakistan, Afghanistan and Bangla Desh.

In India the major targeting by RSS combine has been against Muslims, but Christians are also not spared. Starting in the decade of 1980, an intense propaganda has been going on that Christian Missionaries are converting. As RSS affiliate Vanvasi Kalyan Ashram became active in Adivasi areas, the likes of Swami Aseemanand, Swami Laxmanand and followers of Aasaram bapu spread out in Tribal areas. They started their programs to popularise Shabri and Hanuman, with congregations like Shabri Kumbh being regularly organized in these areas. The aim was to Hinduize the people in those areas.

The first major anti Christian violence came up in the ghastly form of burning alive of Pastor Graham Steward Stains along with his two minor sons Timothy and Philip. RSS affiliate Bajrang Dal's Dara Siingh aka Rajendra Pal was behind this and he is serving the life term for that. At the same time Wadhva Commission was appointed to investigate this crime which shook the country and President K.R. Narayan termed it as the one belonging to the inventory of the black deeds of human history.

The Wadhva commission report pointed out that there was no statistical significant change in the region where the pastor was working. Similarly the national figures tell us that the Christian population, if at all, has marginally declined in last five decades as per the census figures. They stand like this, percentage of Christians in population, 1971-2.60, 1981- 2.44, 1991-2.34, 2001-2.30 and 2011-2.30. There are arguments that some people are converting to Christianity but are not revealing their religion. This may be true in case of miniscule percentage of dalits, who may not reveal there conversion, as they stand to loose reservation provisions if they convert.

The anti Christian violence is scattered and is below the radar most of the places. There was massive valence in Kandhamal, Orissa, when on the pretext that Christians have murdered Swami Laxmananand, a massive violence was unleashed in 2008. On regular basis prayer meetings of Christians are attacked on the pretext that these are attempts at conversion. While there is a huge demand for the schools and colleges run by Christian groups, in Adivasis areas and remote areas the work of Swamis is on.

Now the trend is to dump Christian traditions. Since Ramnath Kovind became President, the usual practice of Carol Singers visiting Rashtrapati Bhavan has been stopped. In the army retreat so far ‘Abide with me’ by Scottish poet, Henri Francis Lyte, a Christian song, a favourite of Gandhi, has been dropped. The Christian minorities have perceived the threat in various forms. Currently they are as much part of the protests against CAA, NPR and NRIC as any other community.

While statues and identity issues cannot have primacy over the social development issues, it cannot be selective. To oppose Jesus Christ statue while spending fortunes for other statues is a part of the agenda of RSS combine, which is unfolding itself in various forms. opposition to Jesus Christ statue being yet another step in the direction.

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