Srinagar- Despite increasing reports of molestation cases in schools across Jammu and Kashmir, the Department of School Education is yet to frame a comprehensive child protection policy. This was revealed by the school education department of J&K in response to a Right to Information (RTI) application filed by Advocate Naveed Bukhtiyar.
Advocate Bukhtiyar, a resident of North Kashmir’s Uri, sought the information under the RTI Act of 2005. According to him, rule 3(5) of the Protection of Children from Sexual Offences Rules, 2020 states, “The respective Governments shall formulate a child protection policy based on the principle of zero-tolerance to violence against children, which shall be adopted by all institutions, organizations, or any other agency working with, or coming in contact with children.”
I asked the officials to provide the child protection policy adopted by the government for all education institutions within J&K,” he told Kashmir Observer. However, the government’s response clearly stated that they don’t possess such information.
The response, a copy of which lies with Kashmir Observer, reads, “Kindly refer to your RTI application No. J&K/RTI/MOU/OHS/768 dated 08-11-2023. In this context you are informed that no such information is available in the department.”
Bukhtiyar said such policies are must in the union territory to keep a tab on violence against the childrens in the educational institutions. “Almost all the states have adopted such policies, only J&K lacks such a policy,” he added.
He further said each institution involved in activities with children requires a comprehensive child protection policy. “This policy aims to establish effective systems and procedures within the organization to prevent any form of child abuse,” he said.
Bukhtiyar further added that the policy doesn’t solely focus on response and resolution mechanisms but also emphasizes creating a secure environment for children within the institution.
“Implementing such a policy not only strengthens the organization but also enhances its confidence, thereby contributing to the successful pursuit of nurturing healthy children and youth as part of its mission,” he added.
Dr. Rouf Malik, who heads Koshish, a non-profit organization (NGO) working for child rights in Kashmir, told Kashmir Observer that even though there is the Juvenile Justice Act and Section 17 of the Right to Education Act for the protection of child rights in educational institutions, there is no harm in having a comprehensive child protection policy in the Union Territory.
Things and rules will become more clear for teachers and students if such a policy is framed,” he added.
Notably, in June this year, a school principal was arrested by J&K police in a molestation case. The principal was identified as Shabir Ahmad Mir, a resident of Zadibal, Srinagar. Mir was working as the Principal of Govt Higher Secondary School Gund Hassi Bhat.
Similarly, the police in Rajouri district arrested a government teacher in September in a case involving allegations of sexual abuse and harassment.
In North Kashmir’s Bandipora district, a lecturer was arrested under Protection of Children from Sexual Offences Act (POCSO) for allegedly harassing a student.
Kashmir Observer made multiple efforts to contact Director Education Tasaduq Hussain and Alok Kumar, Principal Secretary of the School Education Department, but the calls went unanswered.
Notably, this year, the School Education Department issued a blanket ban on corporal punishment and other forms of child abuse in educational institutes within the Kashmir Division.
In a circular, the Director of School Education Kashmir (DSEK) stated, “Distressing complaints are pouring in regarding corporal punishment to the students in schools, as per the report received from IMHANS-K, resulting in mental health issues in school-going children.”
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