Writ Petition admitted in the Kerala HC to provide educational facilities to tribals
Rajendra Prasad vs. Ministry of welfare of scheduled caste and scheduled tribes & others
The petitioner is approaching the High court aggrieved by the inaction of state authorities in ensuring basic infrastructure for children studying in tribal hostels. The petitioner is a registered organisation working for the benefit of tribal community and their upliftment in the state. The organisation has come up with a keen set of facts and are also equipped with 4 exhibits handing out the dismalites the tribal population had and is still going through. The conditions of the tribals is abysmal and their right to life and right to education has been denied.
As far as the law is concerned the state owes a few rights and amenities which come in contemplation to the rights of the tribal people. There are around 40,401 tribals in the state and they are considered as indigenous in nature and live in groups to preserve their communities. The literacy rate among the scheduled tribes is 72.77 were the overall literacy rate in Kerala is 94% . Under these circumstances studies provide information that education in tribal areas like attapadi are the least developed areas in the state .
Revelations point out that as per the right to education under article 21[a] , schools were to be provided within a radius of five kilometer for every tribal colonies . Thus to receive the basic education children as young as five were placed in hostels . These hostels housed more than its capacity adding to the poor infrastructure , leading to a fight for the basic amenities .
Due to all the above said situations the drop-out level was far more than what was expected even at primary levels. In some case absence of schools itself is a violation of fundamental right. When schools are being closed down due to uneconomic reasons and the tribal hostels are overburdened with no infrastructural facilities it impacts tribal children as they become more vulnerable.
In these circumstances the petitioner submits that they have no other remedy than to invoke the extraordinary jurisdiction of the High court of Kerala under article 226 of the Indian constitution to get their grievances redressesed.
The petition is pending in the courts.