Professional Documents
Culture Documents
V.
STATE OF X
...RESPONDENT
Page 1
INDEX OF AUTHORITIES............................................................................................ii-v
2.
STATEMENT OF FACTS.................................................................................................vi
3.
STATEMENT OF ISSUES...............................................................................................vii
4.
SUMMARY OF PLEADINGS........................................................................................viii
5.
WRITTEN PLEADINGS...............................................................................................1-19
WHETHER THE PRESENT PETITION IS MAINTAINABLE?..........................1
I.
II.
WHETHER
THE
STATE
SHOULD
BE
DIRECTED
TO
PROVIDE
Page i
2. Anr
Anothers
3. Ed.
Edition
4. etc.
Etcetera
5. HC
High Court
6. Honble
Honourable
7. i.e.
That is
8. ILR
9. Ltd.
Limited
10. MDMS
11. NCPCR
12. NHRC
13. No.
Number
14. Ors.
Others
15. p.
Page
16. Rs.
Rupees
17. RTE
Right To Education
18. SC
Supreme Court
19. SCC
20. SLP
21. U.N
United Nation
22. U.O.I
Union of India
23. UDHR
Page ii
Versus
26. vs.
Versus
Books Referred:
1. Bupinder Zutshi, Mondira Dutta,Child Labour Rehabilitation in India,, Pentagon Press,
2003.
2. D.J.De , Constitution of India (vol. 2) 2nd Ed. Asia Law House, Hyderabad.
3. Dr. Devinder Singh, Child Labour& Right to Education, Central Law Publications, First
edition 2013.
4. Dr. J.J.R. Upadhaya, Administrative Law, Central Law Agency 7th edition.
5. Durga Das Basu, Shorter Constituion Of India, Lexis Nexis Butterworths Wadhwa
Publishers Nagpur, 14 Edition, 2010, Volume .
6. Justiice Palok Basu, Law Relating to Protection of Human Rights under the Indian
Constitution And Allied Laws, Modern Law Publications, 2007
7. M.P. Jain, Indian Constitutional Law, Wadhwa & Company, Nagpur, 6th ed.2010.
8. Pandey, J. N., The Constitutional Law of India, 49th ed.
9. V.N. Shukla, Constitution of India, Eastern Book Company, Lucknow.2001.
10. Wade & Forsyth, Administrative Law, , Oxford University Press, 1994 9th edition, 2005.
Cases Referred:
1. Ahmedabad Municipal Corporation v. Nilaybhai R. Thakore and others 1999 SCC..10
2. Ashok Kumar Thakur v. Union Of India 2008 6 SC..5,6
3. Bandhua Mukti Morcha v. Union of India 1984 2 SCR 67.........17
4. Bower v. Peate (1876) 1 Q.B.D. 321 .14
5. Brown v. Board of Education 98 LAWYER ED. 873.........17
6. C.C.E. v. Standard Motor Products, A.I.R. 1989 S.C. 1298..3
7. Chellammal v. Masanan, A.I.R. 1965 S.C. 498...2
8. Church of God (Full Gospel) v. K.K.R. Majestic Colony AIR 2000 SC 2773..2
9. Corporation of Calcutta v. Liberty cinema, A.I.R. 1965 S.C. 1107 .8
10. Dhakeswari Cotton Mills Ltd. v. CIT, A.I.R. 1955 S.C. 65 2,3
Page iii
Dictionaries Referred:
1. Blacks Law Dictionary (9th Ed. 2009).
2. Cambridge Dictionary of American English, Cambridge (UK) (2000).
Page iv
Websites Referred:
1. indiankanoon.org
2. judis.nic.in
3. manupatra.com
4. scconline.co.in
5. sci.nic.in
Page v
Page vi
WHETHER
SECTION
10
OF
STATE
EDUCATION
RULES,
2014
IS
CONSTITUTIONAL?
A. That there was a necessity for enacting section 10 of the State X Education Rules, 2014.
B. That the section is in consonance with the provision of the Constitution.
C. That the section is in consonance with the intension of the parliament.
D. That the provision of section 10 fulfills other objects as well:
a. That education is the key to abolish child labour.
b. That better implementation of compulsory education improves literacy rate.
E. That the parents were indifferent.
II.
Page vii
II.
Page viii
Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal
from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or
tribunal in the territory of India.
2
Union Carbide Corporation etc. v. Union of India etc. 1992 A.I.R. 248.
3
Durga Das Basu, Case Book on Indian Constitutional Law (2nded, 2007), Pg. 463.
4
D.J.De , Constitution of India (vol. 2) 2nd Ed. Asia Law House, Hyderabad.
5
M.P. Jain, Indian Constitutional Law(with Constitutional Documents), (6th Ed., vol. 1., 2010), Pg. 314-15.
6
Narpat Singh v. Jaipur Development Authority A.I.R 2002 S.C. 2035.
7
A.I.R. 1950 S.C. 169.
Page 1
Prof. Narender Kumar, Constitutional Law of India (8th Ed. Allahabad Law Agency 2011).
Sccy. State of Karnataka v. Umadevi A.I.R. 2006 S.C. 1806.
10
Shivanand Gaurishankar Baswanti v. Laksmi Vishnu Textile Mills (2008) 13 S.C.C. 323.
11
Chellammal v. Masanan, A.I.R. 1965 S.C. 498.
12
(1955) 1 S.C.R. 941.
13
A.I.R. 2000 S.C. 2773.
14
H.M. Seervai, Constitutional Law of India (vol. 2) 4th Ed., Universal Law Publishing Co. Pvt. Ltd. 2004.
15
WRIT PETITION (C) NO. 95 OF 2010.
9
Page 2
Page 3
20
1.The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be,
the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that
Act, also perform the following functions, namely:a. examine and review the safeguards for rights provided by or under this Act and recommend measures for
their effective implementation;
b. inquire into complaints relating to child's right to free and compulsory education; and
c. take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child
Rights Act.
2. The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory
education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under
sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
3. Where the State Commission for Protection of Child Rights has not been constituted in a State, the
appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of
sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may
be prescribed.
21
1. Notwithstanding anything contained in section 31, any person having any grievance relating to the right of a
child under this Act may make a written complaint to the local authority having jurisdiction.
2. After receiving the complaint under sub-section (1), the local authority shall decide the matter within a period
of three months after affording a reasonable opportunity of being heard to the parties concerned.
3. Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for
Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be.
4. The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child
Rights or the authority prescribed under sub-section (3) of section 31, as the case may be, as provided under
clause (c) of sub-section (1) of section 31.
Page 4
[1891] 64 LT 594.
Harris & Harris, R v (1993).
24
The State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine."
25
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward
between the age of six and fourteen years.
26
Justice Palok Basu, Law relating to protection of human right (Modern Law Publication 2nd Ed. 2007)
27
It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the
case may be, to an elementary education in the neighbourhood school.
28
Decided on 10 April, 2008.
23
Page 5
Society for Un-aided Private Schools of Rajasthan Vs. U.O.I. & Anr. 2010 S.C.
Supra Note 28.
Page 6
(c) Provide for appropriate penalties or other sanctions to ensure the effective
31
Page 7
These are
Assam. Andhra Pradesh, Bihar, Goa, Gujarat, Haryana,' Himachal Pradesh, Jammu &
Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu,
Uttar Pradesh, west Bengal, Delhi and Andaman & Nicobar Islands. These enactments are in
three parts:
(i) Power vested in the State Government to notify the area in which the Act can be
implemented.
(ii) Penalties for not sending children to school.
(iii) Power in a vested authority to grant exemption32
24) In the light of the statement of facts that state has imposed penalty on the parents/guardians,
because, it has became imperative for the State to enact Section 10 for imposing penalty on
parents for not sending their children to school. Having such a strict implementation of
Article 21A of right to free and compulsory education, so that the parents do not deprive
children from availing them their fundamental right of education. The future of the children
would be left in dark if such strict provision will not be enforced. Such parents who deprive
their children from going to school being in a sole position to decide what is right and what is
wrong for their children, such parents must be penalized for their act.
C. THAT THE SECTION IS IN CONSONANCE WITH THE INTENSION OF THE
PARLIAMENT
25) Firstly, the facts stated in the Statement of Objectives and Reasons appended to any
legislation are evidence of the legislative intention. They indicate the thought process of the
elected representatives of the People and their cognizance of the prevalent state of affairs,
impelling them to enact. Therefore, they constitute important factors among others will be
taken into consideration by the Court in judging the reasonableness of any restriction, more
so when the facts stated in the Statement of Objects and Reasons are taken to be correct.33
The intension of the legislature is to be gathered from the whole of the statute and every part
32
165th Report on Free and Compulsory Education, 1998 (27th January, 2015 11:37A.M.) available at
http://lawcommissionofindia.nic.in/101-169/Report165.pdf.
33
State of Gujrat V. Mirzapur Moti Kureshi Kassab Jamat, A.I.R. 2006 S.C. 212.
Page 8
Page 9
Vacher & Sons v. London Society of Compositors, (1911) All ER Rep 241.
The appropriate Government shall(a) provide free and compulsory elementary education to every child:
Explanation--The term "compulsory education" means obligation of the appropriate Government to-(i) provide free elementary education to every child of the age of six to fourteen years; and
(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of
six to fourteen years;
39
1999, S.C.C.
40
Protection of action taken in good faith: No suit or other legal proceeding shall lie against the Central
Government, the State Government, the National Commission for Protection of Child Rights, the State Commission
for Protection of Child Rights, the local authority, the School Management Committee or any person, in respect of
anything which is in good faith done or intended to be done, in pursuance of this Act, or any rules or order made
thereunder.
38
Page 10
Page 11
Ibid.
(1996) 6 S.C.C 756.
46
State of Literacy (27thJanuary,2015 at 4:05P.M.),available at: http://censusindia.gov.in/2011-provresults/data_files/india/Final_PPT_2011_chapter6.pdf.
45
Page 12
Duty of the State to raise the level of nutrition and the standard of living and to improve public health:
The State shall regard the raising of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious
to health.
Page 13
48
Page 14
India a desk Review of mid-day meals programme, July 2007 (29th January,2015 at 7:03 P.M.) available at:
http://documents.wfp.org/stellent/groups/public/documents/newsroom/wfp207424.pdf.
54
2014 Delhi H.C.
55
Shruti Venukumar, World Hunger Crisis: Food for Thought & Action (29th January,2015 at 7:25 P.M.)available
at: http ://www.youthkiawaaz.com/2010/07/world-hunger-crisis-food-for-thought-action/.
Page 15
56
57
The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.
1993 (1) S.C.C. 645.
Page 16
58
59
Page 17
60
61
Page 18
62
Page 19
Whereof in the light of facts of the instant case, arguments advanced and authorities cited, it is
humbly prayed before the Hon'ble Supreme Court that it may be pleased to hold, adjudge and
declare:
1. That petition before the Honble Supreme Court of India under Art. 136 of the
Constitution of India against the order of the High Court is not maintainable.
2. That the impugned decision of the Honble High Court be upheld.
3. That Section 10 the State X Education rules, 2014 is constitutional.
4. That the state requires no direction in relation to mid day meal.
5. That direction be issued to parents to send the children to school from next working day.
Pass any other order, which the court may deem fit in light of the facts of the case and justice,
equity and good conscience.
Page ix