Basharat Saleem Ahanger
It is well said that Destiny of Nation is shaped in Classrooms. The classroom starts from the lap of Mother, Prenursuryupto University level. Upto the age of 14 years “Right to Education” is a fundamental Right which directly flows from right to life and the state is duty bound to provide the same compulsorily and free of cost but thereafter, the obligation of the state to provide the education is subject to the limits of its economic capacity .It is therefore all the necessary for the concerned authorities to look into this aspect whether the same is provided free or not, whether the proper guidelines for regulating the same are provided or not, whether proper hygienic conditions are there or not, whether better treatment at the hands of teachers is meted out to the students or not, whether the provisions of J&K School Education Act,2002 and J&K School Education Rules,2010 are followed in letter and spirit or not.
Juvenile:-or child means a person who has not completed eighteenth(18th) year of age.
“Juvenile in conflict with Law”. Means a Juvenile who is alleged to have committed an offence and has not completed eighteenth year (18th) of age as on the date of commission of such offence. Offences /illegal activities/immoral activities include sexual offences, begging, Drugabuse, likelihood of abused for unconscienablegains, likelihood of falling victim to any armed conflict, civil commotion or natural calamity for the redressal of which “Child or Juvenile is in need of Proper Care and Proper Protection, which all is regulated by “The J&K Juvenile Justice Care and Protection of Children Act,2013 and Rules 2014.
Parents or Elderly:- includes Father ,Mother or Persons deserving Respect.
Their Maintenance: In state of J&K normally the Parents and elderly are looked upon properly by their children. If anyhow the kiths and kins of Parents and Elderly turn against morality and treat them badly. Under such situation, the Parents or elderly can proceed with the application for maintenance u/s 4 of the Maintenance and Welfare of Parents and Senior Citizens Act,2007 and get their grievances redressed.
In nutshell we can say that it is the responsibility of Children/students, Parents and Law enforcement agencies like vigilance organization, accountability commission ,anti corruption courts to see to it that the society is placed/ directed/streamlined towards peace and harmony and the Society is weeded out of all such evils.
Summing up in the Mystic Poetic Stanzas of both AllamaIqbal (R.A) and Shiekh-ul –Alam (R.A)
KhudaTujhe Kisi Tufan Se AashnaKarde
Ki Teri Bahr Ki Moujoun Mae IztirabNahin
TujheKiatab Se MumkinNahinFaragkitu
AkitSount Chui NaerShikarus
WargusTehindis Dour Rozkarus
The author is Practising Advocate at Chamber NO.104 , High Court Of J&K ,Srinagar Wing.