Thursday, February 9, 2023

Delhi High Court rejects PIL against physical re-opening of schools

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The Delhi High Court on Tuesday disposed of a PIL, seeking direction to the Delhi government to recall the decision on 100 per cent physical re-opening of schools with effect from April 1, till the time the school-going children were vaccinated completely.

A Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that the PIL cannot be entertained without any expert opinion, based only on the apprehensions of the petitioner.

A balance has to be struck. Children are losing more by not attending the school, noted the Bench. There is nothing to show in the petition that the Right to Life of children would be endangered, as there is no data to show that children are at a high risk, it added.

The Court mentioned the studies, which showed the psychological impact on children due to their absence from schools. It said children have not been able to develop their social, behavioural and interpersonal skills.

Stating that there was no data to show that children were at high risk of either contracting Novel Coronavirus or endangering their Right to Life, the High Court dismissed the PIL.

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The petition had contended that permitting physical classes for school-going children without vaccination would lead to the spread of Covid-19 among the kids.

It said children aged below 14 cannot be compelled to attend the school physically, since they have not been vaccinated against the virus.

Stating that Right to Life was very important, the petitioner demanded that the consent of parents should be made compulsory for restarting of physical classes.

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