HC says withdrawing child from school is a criminal offence

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The Delhi High Court, on Tuesday came down heavily on a mother and warned strict action for withdrawing her child from school. The HC further termed the mother’s move as a ‘ criminal offence ’.

Justice Manmohan also asked the Delhi Government to admit the 13 year old girl to a school in Green Park area by September 22 and conduct a medical examination. The ex husband of the women moved the court after she withdrew their child from school.

“It’s a criminal offence to withdraw a child from school. You committed an unpardonable act. I am not taking strict action. But if you withdraw the child, I will take strict criminal action. I will be monitoring this matter”, the court told the mother.

The court also took note of the fact that although the girl is of 13 years, but she has studied till class 2 and was physically weak. The next date of hearing is scheduled for September 29. The court has also asked for a status report from the government on the admission as well as the medical examination of the child on this date.

The court further emphasized that under the Right to Education (RTE) Act, it is mandatory for every child between the ages of six to 14 to receive formal education. The Justice also left the matter to the discretion of the school principal to admit the girl in an appropriate class. Three advocates were also appointed as amicus curiae to assist the court.

Earlier, Dharmendra Kapoor, the father of the child briefed the court that his ex wife withdrew their child from the Green Field School. Kapoor further added that he had admitted the child in Delhi Public School, Sushant Lok, Gurgaon, but his ex wife took their daughter along with her while she left the house.

Although the girl was admitted later to the Green Field School, but the ex wife withdrew her from the school and made her sit at home.