Supreme court on Monday refuses to allow the petition suggesting direction to centre and tate governments to reopen the schools and start physical classes .
Bench of Justice DY Chandrachud and BV Nagrathna orally remarked “Ask your client to focus on studies in school and not involve himself in seeking constitutional remedies”
I am not saying this is Publicity stunt but reopening schools in delhi might increase the cases in other states as it has been seen earlier also .
Article 21A has been brought into force , It obliged the state to provide compulsory education i.e Fundamental education . State is duty bound and is answerable to it .
Court is aware of the loss of students by attending virtual classes harming their eyes and impairing personality growth . Though we are aware of the losses we cannot take risk of reopening the schools at this juncture . Though positive news are coming that 3rd wave impact will be not such massive but we are still pending on our vaccination , and are vaccination drive is still going on with long journey to complete .
These types of general orders cannot be given by the courts , ie to send all children to the school Inspite of the dangers it contains .
The court cannot enter into such matters , let us leave something upon state government itself . It would be good to have it in a democratic way , because states can decide it better which areas are safer and schools can be opened and which are still risk prone .
This is one of the most important fundamental duties of state authorities across country .
“There has to be balancing of interests because children might after getting mixed may develop psychological and mental fear of disease caused”
The higher standards should be given priority and can be opened early to ensure the regular studies .
We cannot give judicial mandate on this matter , there is a sensitive issue of social policy . We have not sufficient data , child has just filed petition stating ‘we need to go to school’ of course but have to see other aspects also .
Therefore you may withdraw petition , petition is not based on scientific assessment , we allow you to withdraw remarked Justice Chandrachud .