'Pandemic Or No Pandemic, Education Of Children Must Go On' : Karnataka HC Directs State To Plan Distribution Of Textbooks, Devices

Observing that "pandemic or no pandemic, education of children has to go on and state government has to rise to the occasion", the Karnataka High Court on Monday directed the government to prepare a road map for imparting education to children in the event if physical opening of school is not possible during the upcoming academic year, either for whole year or part of the said year, for ensuring that children remain within the umbrella of education systems.

A division bench of Justice B V Nagarathna and Justice Hanchate Sanjeevkumar said "Mere commencement of academic year or classes through virtual mode will not be effective in the absence of textbooks and notebooks made available to students."

It accordingly directed "We direct the state to seek expert opinion with regard to reopening of schools with physical attendance of students. But in the meanwhile, a decision has to be taken to commence the academic year for aforesaid dates, even in absence of physical opening of schools, classes could commence subject to availability of textbooks and notebooks for students who are entitled to receive the same from the department and also by making available suitable technological devices. So that students who are not able to access such devices presently are not left out of the education system."

It added "In order to make the system more inclusive, it is necessary that the state has an action plan for distribution of textbooks and notebooks and technological devices. It is particularly required for those students who are covered under the RTE Act and Right to Compulsory Education in the context of Article 21A of the Constitution of India."

The government advocate filed a memo informing the court about a government communication dated April 17, stating that classes from 1st to 7th standard shall commence with effect from June 15. Classes for 8th to 9th standards will commence from July 15. SSLC exams will be held from June 26 to July 5.

However, the above dates are subject to bearing in mind the covid-19 cases which are still pestering in the state. Only after seeking advice from expert committee steps would be taken for commencement of the academic year 2021-22. As presently it is not certain as to whether the academic year could commence on aforesaid dates.

During the hearing of a petition filed by A. A. Sanjeev Narrain, Arvind Narrain and Murali Mohan, the court orally said "One academic year is over, second academic year should not go to waste. We have to live with a pandemic. Education must go on pandemic and no pandemic, that is the only way children can grow and the country can grow. Let the pandemic not come in the way of education of children."

Justice Nagarathna orally told the state counsel, "Where is your policy on imparting online education in the face of closure of schools. Have you applied your mind to it?. Vidyagama, was a very good initiative and now even that is not possible because you cannot congregate children. You don't have anything for children to apply their mind to, and even parents are suffering because children have nothing to do. How many parents can afford to purchase picture books, etc if they are not occupied, they (children) will be sent to work on farms or tend to cattle. If it is girls, there will be child marriage, child labour. Children may run away. Child trafficking is the fall out for our children."

It added "You (state) should rise to the occasion, what is your plan of action in the absence of schools reopening. Think about the child in a remote area, how is the life of a child, how is his/her day and weeks going to be spent."

In its order the bench said "Bearing in mind that the second wave of pandemic has been more serious than the first wave and we are conscious of any further variations of the pandemic that may occur in the near future. As it is not yet known as to when the pandemic would subside or be eliminated, steps must be taken by the education department to ensure that students are not deprived of their education in the ensuing academic year."

Further it said "Otherwise, there is imminent danger of such children being diverted to child labour, being trafficked or resulting in child marriage. Instances of such adverse consequences on school children are already in the public domain. Therefore, it is the obligation on part of the state to ensure that such adverse consequences do not evolve in the state. It is during these times of crisis that the education department of state must rise to occasion and ensure that school children are continuously retained within the education system and their interest in studies is continued."

The court also noted that "It will be necessary to take steps such as distribution of school textbooks and notebook, so that children could focus their attention on school text book and possibly learn on their own, in the absence of technological devices not being available to them, to attend to virtual classes to be conducted in near future." It added "This is the least the state can do in the present circumstances."

Accordingly, the court directed the state government to file a status report indicating when school text books and note books will be supplied to students who are in need of the same and to publish the names of textbooks to be purchased by those students who are not supplied those by the department.

The report has to be filed by June 8.