Justice K N Basha, passing orders on a writ petition filed on behalf of a class V girl who lost her right hand during a joy ride in a merrygo-round during lunch recess , said: "Students arethe national assets and they are torch-bearers of future India, and as such, it is an obligation of each and every citizen as well as the government and private school authorities to take utmost care to protect the interest of the children."
The judge awarded. 3 lakh compensation to the girl, and said the government must take effective steps keeping in mind the frequent accidents and other incidents posing serious threat to the safety and health of growing children.
Muthulakshmi was studying in class V at Ganapathi National Middle School at Kuthualam in Nagapattinam district when she and her friends trooped out of school for a joy ride on December 22, 2003. During the ride, her hand got stuck in the wheels. It had to be amputated later.
SAFEGUARDING FUTURE
On a petition by a class V girl who lost her hand during a joy ride during lunch recess, the Madras high court directed the state to ban the sale of unhygienic eatables and the operation of amusement devices near schools Children up to class V should not be allowed to leave the premises during school hours without prior permission Noon-meal organizers should be held responsible for the safe custody of children during the lunch break Court slams school, state for apathy
Apetition was filed on her behalf , seeking a compensation of 5 lakh from the government and the school authorities for their failure to ensurethesafety of thechild.
Her advocate M Pari told the court that the government and school authorities cannot escape their liability because the incident happened during school hours, andthatthechild aswell as her family membershadbeen suffering for the past nine years. The school's counsel, however, said theincidenttook placeoutsidethe school premises andthatthe management took proper care of the wards.
Rejecting its submissions, Justice Basha pointed out that despite several requests from the child's family for financial assistance, the government and the school authorities did not even raise their little finger. Awarding a compensation of 3 lakh, the judge asked the government to pay 1.5 lakh and the school management pay the remaining amount.
Laying down a set of guidelines for the government and school managements in the state to follow, Justice Basha said children up toClassVshould notbe allowedto gooutof school premises during class hours without prior permission from parents or guardiansor authorized persons.
In schools where noon-meal schemeison,the noon-mealorganizers and assistants would be responsible for the safe custody of the children. Private persons operating merry-go-round and other amusement devices should not be allowed near schools, he said, adding that sale of eatables outside schools should be prevented as most of them are unhygienic and cause serious health hazard tochildren.
Justice Basha also concluded that the minor girl lost her right hand due to the carelessness and negligence of the school authorities and noon-mealorganizers.
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