Compensation for custodial death
The recent Gauhati High Court judgement awarding Rs 25 lakh palliative compensation to the widow of Santosh Hojai is a landmark affirmation of the Article 21 jurisprudential architecture built on the assurance that the constitution does not take leave at the gates of a police lockup. Assuming, without admitting, that facts are barbaric: Hojai was allegedly abducted from his residence in Dima Hasao in April 2020 by ununiformed police personnel, carried in a car without a registered number plate and subjected to brutal third-degree custodial torture on the suspicion of alleged arms supply to a terrorist organisation. He's later believed to have died in custody and buried near the hilly roadside, only to be discovered by the executive magistrate when he was about to answer nature’s call. The charge sheet further revealed incriminating facts, attempts to bury the dead body and destroy official records like general diary entries & the register for issuing arms & ammunition from Police Headquarters.
Rejecting the State's contention that compensation should await the outcome of the criminal trial, the court held that violation of Article 21 necessitates immediate constitutional relief. Relying on the Supreme Court’s rulings in Nilabati Behera and D.K. Basu, the Court emphasised that the State bears strict liability for custodial deaths and that compensation is independent of criminal prosecution. Further, it directed that the State is at liberty to recover the amount from the chargesheeted officers. Now, the criminal trial must be fast-tracked, and we are hopeful for a strong verdict similar to the Madurai court's death sentence to custodial offenders would send a clear message that state-sponsored violence will face strict accountability.
Shahin Yusuf
Guwahati
Ban on private tuition
Private coaching by school teachers is unacceptable at many levels. When there is less attention to classroom teaching and more focus on private and gainful teaching, it affects the standard of teaching within the school system. This practice, again, keeps the need for private coaching alive. The cycle needs to be broken. It is true that school teachers conducting private tuition hurt the interests of private tutors. Many of the teachers have no other means of livelihood. Thus, the ban would be fair to them. Now, a question arises: why do teachers go in for private tuition? Are the reasons purely economic, or is an erosion of interest in classroom teaching also a factor? Teachers who continue to engage themselves in private tuition are violating the RTE Act. Therefore, it is imperative to prohibit school teachers from conducting private teaching. Once implemented, this will automatically enhance the quality of classroom teaching. At the same time, we can stop some teachers from exploiting students by threatening to lower their marks if they don't take private tuition. The state government needs to examine the roots of the problem. The sooner it is done, the better it is for preserving the interest of all.
Iqbal Saikia,
Guwahati
Longer school hours; no sports
I request the publishing of the following few lines in your columns so that they may draw the attention of the concerned authorities.\ The extended school hours are now a cause of concern. This change has badly affected the health and well-being of school children. Schools now start at 9:00 A.M. and close at 3:25 P.M. Children leave for school at 8:00 in the morning and return home at 4:00 in the afternoon. Therefore, children spend a total of 8 hours at school each day. Children have all school and no play. They cannot afford any time for outdoor sports or social interactions, resulting in impaired growth. Another noteworthy thing is that the school routine comprises 8 classes a day, while children learn only six subjects. The additional periods, such as remedial, career, quiz, etc., are when children stay at school for an additional 90 minutes.
As a guardian of two school-going children, I am concerned about the extended school hours. Children from rural areas attending government schools usually do not bring tiffins to school. The midday meal scheme is a farce. Hence, the significant gap between eating times is pushing the children to malnourishment. Resultant perennial health issues force them to miss school frequently. Moreover, because of this, schools have become a tedious place for children to go to. I believe that reducing school time to five and a half hours a day would greatly improve the education of children, their health and well-being. School should be a place that promotes growth, not impair it.
In the past, sports were an essential part of growing up. Sports were also a part of the school experience. Due to the overburdened routine, schools now tend to skip sports. Are we going to make an unhealthy new generation? Should this be the role of education?
Akhyajit Nath
(akhyajitnath@gmail.com)