Thursday, November 8, 2012

Open Letter to Shaheen Mistry


(This letter is in response to an allegation made by my friend and activist Shakil Ahmed regarding non compliance and discriminatory treatment to his child by a school run by Akanksha. Shaheen Mistry is the founder of Akanksha, one of the leading NGOs in Mumbai working on education. The letters are produced at the bottom. Both Shaheen and Shakil are part of the prestigious Ashoka Fellowship)

Dear Shaheen,

I have been following Shakil's struggles to get admission for his son for sometime now. After he was able to get admission in the school run by Akanksha, he has been observing many issues in the way the school was run.

I am sure you know Shakil and Shakil, being what he is, has his simplistic way of addressing these issues. He plays by the rule book, and with him, there are not too many shades of grey. If there is a rule or a policy he expects whole-hearted adherence to that policy. He expects the teaching staff and management to be open and honest if they are experiencing lack of resources. He expects the teachers to be caring and empathetic to the children and transparent with the parents.

Unfortunately he forgets that he is not Gandhi. He forgets that it should be him that has to be indebted to the school for providing such a service instead of questioning it. He forgets we are living in an imperfect, third-world society where hierarchy, unfortunately, is the only rule. The real rules are only to be followed if convenient. Teachers and school management have power because they know English - the magical key to a better life. The children have to submit to the teachers and receive empathy only if they and their parents sufficiently inflate their egos.

In this society, Shakil stands out like a thorn. A naive, hot-head antagonist who only ends up being an annoyance to those associated with him. Not only does he speak rudely, but he also ends up being right in most of the cases, so you can't even nail him. The only way remains is to isolate him and make sure he goes away. Minimize the damage he can do.

I think that is what your school management and teachers want. They want him to go away, so they can continue their life with peace. Who, then, will dare ask the questions. Who then will ask why there is no drinking water in school. Who then will question the qualification of the teachers. Who then will ask about safety of children in picnics.

I know the emotions of poor people don't matter much and neither do their lives. I know that you will always be famous and your name will always be kept in high regards because of the selfless charity and sacrifices you have made. You are and will remain a role model for the youth of this country.

Somewhere in the corner, hidden from the mainstream, idealists like Shakil will end up making more enemies. People will surely realise that he is only a muck-racker. His son will grow up, isolated and victimised because of his misfit father, maybe with not enough confidence to fight back. He will grow up wonder what wrong did he do and why did they treat him differently in school. Why had they left him alone.

In the middle of all your successes, I hope there would be a corner in your heart that would say, I wish I had investigated a bit more in that Shakil matter, been more honest and transparent about the shortcomings of the program. I wished I had been a bit more critical of the teachers and management's attitude. I wish I had taken more responsibility.

In the end you may probably lose a valuable opportunity to improve your program. And a child will probably lose his innocence.

Rushabh Mehta

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Shaheen's (obviously dignified) response to Shakil's criticism:

Dear Friends,

You may have received a mail titled "Shame Shame Akanksha Saheen Mistry" sent by Ashoka Fellow Shakil Ahmed. Since the mail contains pretty serious accusations against the NGO Akanksha, I thought I would clarify the points raised in this mail.

On July 20th, 2012, Shakil Ahmed’s son was admitted to the Abhyudaya Nagar Mumbai Public School in Kala Chowki. Since joining, the child has adjusted into his new setting and is performing well in class

On numerous occasions, Mr. Ahmed has requested for information regarding the demographics of the school’s students and general operational practices, and Akanksha has always provided the information in a timely manner. If and when an issue is under BMC jurisdiction, Akanksha has directed him to the requisite BMC department, as they are the appropriate party to handle such issues.

Mr. Ahmed has also questioned the qualification of Akanksha teachers, despite the fact that the organization has made it clear that the BMC has given Akanksha until 2014 to complete the necessary qualifications. Moreover, most Akanksha teachers are already B.Ed/D Ed qualified as per BMC rules.

Mr. Ahmed has also stated that the organization attempted to prevent his child from gaining admission to its school due to discriminatory or illegal practices. As per the RTE, BMC schools are only allowed to accept children from within a 1 kilometer radius of the school for primary classes. It was explained to Mr. Ahmed numerous times that enforcing such policies does not violate any law, rather it complies with the RTE. Furthermore, the school principal suggested that his son be placed in senior KG because he had not attended school before, as she believed it would be of the most benefit to the child. Upon the father’s insistence, the child has been placed in first grade and the school is making special efforts to integrate him into the class with ease.

Finally, Mr. Ahmed has claimed that his son was purposefully kept in school and out of a field trip due to discrimination. This is not the case. The weekend prior to the trip, a parents meeting was called outlining the procedures and forms necessary for children to attend this trip – as per BMC regulations – including a signed permission letter from the parent. During this meeting, however, Mr. Ahmed continuously disrupted the session and interrupted the teacher, impeding her ability to run the meeting. He was, as he has been on previous occasions, verbally abusive and disrespectful to the teacher and school staff. On the morning of the field trip, he left his son at the gate without entering the school, so the consent letter could not be obtained. The school principal tried to contact him, but he did not answer his phone. The staff was therefore forced to keep his son in school due to lack of a consent letter as per BMC rules.

Akanksha understands that ensuring every child has access to a high-quality education is imperative, and it has worked for over 20 years to realize this vision. It is rapidly expanding to open more schools in partnership with the BMC so that it can serve more children. 

I personally, and Akanksha believe that Shakil Ahmed believes in, and is working for the rights of all children - just like Akanksha is. I do wish he would work with us, and not against us, as there is so much work to be done and while I am sure we are making mistakes, we are certainly trying to do our best and will continue to do whatever we can to do more, and to do better for all children.

Warmly,

Shaheen


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Shakil's original (obviously rude) allegation:

SHAME SHAME AKANSHA ,SAHEEN MISTRY
Dear

Akansha founded by ashoka fellow by Saheen mistry is running a BMC school in kala chowki , mumbai where they are violating all the sections of Right to Education Act , I made formal complaint regading this to variouse authority , due to this they are discriminating my son Kabir and today they have not taken Kabir to the picnic and they kept kabir in the school alone , this is the shameful act on the part of Akansha and Saheen Mistry . 
Regards
Shakil Ahmed 





Dear Shaheen Mistry,

I am a father of a six- year old boy, who, like thousand other parents has been anxious about finding a best educational institution for my child. As a law-practioner and a civil rights activist for over two decades, I have been working on a very close quarters with the education system. One such cause that I have invested my life in is trying to bring in accountability and transparency in state run educational institutions. I along with eight- nine other members, run Parivartan Shikshan Sanstha since 1997, and have been fighting to overcome lack of education facilities for children in the slums of Sangam Nagar, Wadala (east). Our NGO has ensured that a civic school was built in this area in 2006, following a Public Interest Litigation. Akanksha and Parivartan has worked together in the past.Akanksha helped us focus on the quality of education.

So when my son Kabir turned six this year, I knew, keeping all his constitutional rights intact, I had to zero down on one of the near- by schools. I too, like lakhs of parents wished to enroll him in an English medium school. But after several months of research and rejections, I was hit by hard and pressing reality that the admission process in most schools violates every premise of Right to Education Act. I then turned to your organization- Akanksha. And to my shock your school, too, did exactly what private educational institutions did.

Running you through my experience:

Over a month ago my wife Shabana had gone to Prabhud Nagar Municipal School (English medium) Cotton Green, to admit our son Kabir in 1st standard. One of social worker in School run by Akansha, NGO informed   that all seats were already full. When we pressurized to admit out child citing the Right to Education Act, they told that they do not take the students residing outside 1 km. Thus School Authority turned my son away on the ground that we reside outside 1 km. from school.

We wanted to know the admission beginning and closure details but Akansha refused to disclose and said that they have taken admission of Senior K.G students then we asked the detail list of students admitted with their residence address. My wife wanted in writing the reasons for denial of admission but she was not given then my wife gave a letter in writing stating that we had visited school for admission of our son but they refused to take that too. We lodged a complaint before Commissioner of Municipal on the same day.

On July 19, 2012, I was called by one social worker from Akansha organization who informed me that they have been directed by Administrative Officer (School) to admit my son. On July 20, 2012, I visited the school for admission and met Ms. Chitra, Principal of school. Ms. Chitra asked me to come the next day as there was a shortage of staffs in school and she was finding it difficult in carrying out formalities of filling up the forms. I told her that I have come there on receiving a phone call and can hardly find time out of my busy schedule and insisted for admission filling up form myself in absence of the staffs. This is in sheer violation of Section 8(d) and 9(f) which enshrines the duty of the Appropriate Government and Local Authority respectively to provide infrastructure including school building, teaching staff and learning material. She interrogated me about my son’s previous schooling upon which I replied that he had not attended school previously. She refused to admit him for not having previous schooling background. I wanted to come back on their refusal on which she agreed to give admission and asked me to wait as she had no idea about form fill up and called staffs from head office.

After half an hour, two ladies staffs came from head office who advised me to put my son in senior K.G as he would not be able to cope up with other student having schooling background. I shall again point over here that in refusing my son to admit in Class I, Ms. Chitra violated section 4 of the Act wherein a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age. The proviso to the section says that such child shall have a right to receive special training, in order to be at par with other children. They suggested me that these are in the interest of my son’s career. I did not agree with them and pointed out provision of RTE, Act which ensures special training for child to cope up in case child is admitted to class in appropriate to their age.

When I kept insisting her to take admission with the reference of Administrative Officer’s direction, she replied that AO has nowhere mentioned in letter to give admission and  again advised me to put my son in senior K.G. I did not agree for putting my son in below standard than his agree and came out.

After five minutes Ms. Chitra called me over my phone and told me that she is ready to grant admission without any condition.  She took prescribed admission form of BMC and thereafter she gave me another sheet carrying terms and conditions of Akansha, NGO. The conditions were not acceptable but I had no other option than to sign it. For example: Ms. Chitra told me to give only vegetarian food for lunch in tiffin, because it is the rule of school. I would like to point over here that the provision of mid-day meal in schools is a basic amenity provided by the Government towards ensuring that the children of all strata have the facility of having lunch provided in the school itself. Again emphasis by the school Principal to give only vegetarian food in lunch creates a sense of disparity among the children themselves as they come from all the sections of society. In fact, they should be made aware of the qualities of healthy food habits rather than discriminating them on vegetarian and non-vegetarian grounds.


While talking to the Principal I came to know that the school has tie up with Akansha, NGO under agreement to provide teaching staffs in the school. I asked per municipal rule the qualification of teachers of primary schools. She told me that minimum qualification of teachers is D.Ed. I asked number of teachers and their qualification of those teaching in their school.She informed that there are 20 teachers, out of 20 only 8 teachers have D.Ed or B.Ed qualification. I wanted to know the process of appointment, she told that they are employees of companies like Wipro, Infosys and deputed for two years in school. On asking about training I was told that Akansha provides them 20 days training. The project of deputing the teaching staffs in school are run by Teach India, NGO. Hence, the basic question that arises over here is, though the teachers over here may have worked with reputed organizations such as Infosys and Wipro, but do they have the minimum qualification of a B.Ed or D.ed degree to teach in a school? Teaching children between the age of six to fourteen years does not require experience of an IT Firm rather what is needed is the skill and training to be qualified as a teaching staff.

I asked for drinking water from one of teacher available in office for which they said that they have no water facility in school.   I expressed shock for non availability of water in school. Upon asking how children get water she replied that children are told to bring water bottle and in case they don’t’ bring water, they call parents to ask them arrange for water for their children. They further informed that school staffs take packaged drinking water when required. On asking about complaint in this connection they said that construction work of building is still going on and they are arranging funding for aqua guard. I observed that water connection is available in school but they are not providing water to children as they are waiting for aqua guard. The non-availabilty of safe drinking water facility in a school is in clear violation of The Schedule of the Act wherein the norms and standards for a school are laid down. Item (2)(iv) of the Schedule lays down that all-weather building should consist of safe and adequate drinking water facility to all children. It is to be emphasized over here that section 19 of the Act lays down that where a school fails to fulfill the norms and conditions within a specified period of 3years of its commencement, then the appropriate authority under section 18 of the Act shall withdraw recognition granted to such school.

Here, I would like to bring to your notice that thousands of parents like me are struggling to admit their child in school. Though there is legislation for providing children elementary education in govt. run schools, so that children right can be protected, it has been violated by your school. Akanksha has been in the field of imparting education for a long time and is perceived as one of the committed NGO’s.
But my experience with Akanksha has confirmed that your institution, although constitutionally bound to provide education to all, has failed a large section of the society.
Your schools arbit grounds to admit a child has violated not only the child’s constitutional right, but also defeats the purpose of a NGO.
RTE does not cover 0- 6 years age group. So when a child come to a school to be enrolled for the first time in a school at the age of six, it reflects a lot on his parents social and financial status. it for such a child that RTE comes for rescue and not for the ones who has an access to pre- primay education. Akansha should have been more careful and sensitive towards such kids. A child, who is deprived of this educational rights, should be Akanksha’s priority and not the one’s who have been to some nursery and pre- primary schooling. By asking me if my child has been to any such institutions before securing admission in standard 1st, your organization has violated my sons fundamental right to education. Previous qualification, age and the time when a parent approaches a school for admission is secondary. Every child should be in a school is and must be a priority!


I would like to ask, has Akanksha done anything to find out where are those kids it has denied admissions? Does Akansksha know, after stripping them off their basic rights, have those kids been admitted to any school?

Unless a NGO works within the realm of the RTE and ensures each and every child is admitted in the school, without any discrimination, their existence can not be justified.