Tribal Children Forced To Swim Across Koteshwari River To Attend School, MP High Court Directs Speedy Construction Of Bridge On The River In Dhar

Acknowledging the plight of tribal children hailing from Dhar, Madhya Pradesh High Court has instructed the Zila Panchayat Authorities and Collector to take immediate steps for the construction of a culvert on Koteshwari River to increase accessibility to a nearby school.

The Division Bench of Justices Vivek Rusia and Anil Verma allowed a public interest litigation filed by Rishab Gupta pursuant to a newspaper report about tribal children in Dhar swimming across a river to reach their school.

“…WP is disposed of with direction to the respondents to consider the proposal and report sent for construction of the Slab Culvert on Koteshwari River and take final decision within a period of 90 days from today. The Panchayat and Rural Development Department for construction of the bridge/culvert may take necessary technical assistance from the Bridge Division of M.P. Public Works Department”, the bench sitting at Indore gave directions to the respondents.

Before the High Court, the petitioner submitted that he witnessed 30 middle school children belonging to the 'Bheel' community swimming across the river daily to attend their school. According to the petitioner's account of his visit to the villages, the sole alternative for those children was traversing a road of 10-12 kms long instead.

In 2011, Chief Executive Officer of Zila Panchayat had sent a proposal to the Panchayat and Rural Development Department for the construction of a culvert on the river. However, no steps were taken in that direction afterwards.

After the respondents were issued notice, the Rural Engineering Services Department, Dhar sent a proposal with an estimated cost of Rs 1.08 crores. It was forwarded by the Executive Engineer, Rural Engineering Services, Dhar to the Chief Executive Officer, Jila Panchayat Dhar.

The culvert will be constructed under the MGNREGA Scheme upon approval of the proposal sent to the concerned department.

“This Court hopes and trust that this will not remain in the note-sheet for years to come and same be given logical end. Construction of bridge is important not only for villagers but students also whether Rural Engineering Services Department, Panchayat and Rural Development Department or Public Works Department construct the same. It is for the Government to sanction the amount and direct the concerned Department”, the court emphasised in its order about the proactive role that must be played by the government.

The petitioner, Rishab Gupta, was present in person. Government Advocate Bhuwan Gautam represented the state authorities.

Case Title: Rishabh Gupta v. The State of Madhya Pradesh & Ors.

Case No: Writ Petition No. 21642 of 2023

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