Educational services no longer form part of religious duty, as was once visualised. Schools and colleges are now treated as commercial ventures that work for profits.
Exorbitantly high tuition fees, donations and other invisible charges are now levied by all public schools. This has made them vulnerable, and the consumers of their services do not hesitate to drag them into otherwise avoidable litigation.
Earlier, nursery schools used to be housed in smaller buildings with fewer children, taken care of by teachers and maid servants. Now, however, such schools are unsafe as tiny tots are often left to fend for themselves. This is what the Kerala State Consumer Disputes Redressal Commission noted in a recent case.
Aswin Mohandas, 5, was a student of upper KG class in the nursery school run by M Manjubash in Thrissur, Kerala.
On July 16, 1996, Mohandas was proceeding to his classroom, when suddenly a student --Jithin -- administered a heavy blow on his right eye with a stick, resulting in a severe injury.
Bleeding profusely, Mohandas was crying out in pain but nobody attended on him for a very long time. Several hours later, a school attendant took the child in an autorickshaw to Elite Hospital, Thalikulam. No treatment was provided there as the injury was noticed to be of grave and serious nature.
Mohandas was then taken to the Medical College Hospital, four hours after he sustained the injury.
Even there, it was found that the treatment for the injury was not available. He was then taken to the Little Flower Hospital and Research Centre, Angamaly, where he was immediately operated upon.
The operating surgeon, however, informed Mohandas' relatives that since there was inordinate delay in taking the child to the hospital, there was very little chance of the operation being successful. Mohandas was treated for nearly 10 days but the eyesight in his right eye could not be regained.
Beena Mohandas, his mother, lodged a complaint before the District Consumer Disputes Redressal Forum claiming compensation of Rs 480,000 from the school authorities for their reckless negligence.
After evaluating the evidence tendered by both the sides, the district forum held the school management negligent in not providing medical care and treatment on time.
The court awarded a compensation of Rs 200,000 along with Rs 30,000 as the cost incurred for the treatment of the child and another Rs 10,000 for the mental agony caused.
On an appeal by the school, the Kerala State Consumer Disputes Redressal Commission upheld the district forum order for awarding compensation, as according to it there was proof of the school's negligence.
A little care could perhaps have saved the catastrophe. In its order, the state commission observed that "the care expected of an authority of a nursery school is not the same expected of the authorities of a college or of higher classes.
The care to be taken by an institution which teaches children of lower KG and upper KG is of a higher degree; an affection towards such children by the school authority and guarding them against any mischief akin to parental care certainly is expected. A watchful eye is needed because children of that age require care with affection and no school can claim exception to the same."
In another similar case, a student -- Arjun -- studying in UKG class in a nursery school in Madhya Pradesh, lost his eyesight because the school authorities did not take prompt action in taking the child to a doctor for treatment.
Arjun was staying in the school hostel and on April 14, 1999, he was injured in his right eye. He lost his vision because of the delay in treatment.
On a complaint filed before the district forum, a Rs 20,000 compensation was awarded. In appeal the Madhya Pradesh State Commission, by its order dated July 10, 2003, increased the quantum of compensation to Rs 100,000 and also awarded Rs 35,000 as the cost of litigation.
In the light of these recent pronouncements, schools are definitely liable for any mishap -- whether it occurs on the school premises or in the vehicles driving the children to school and back.
In the case of private vans, schools are enjoined upon to have proper verification of the owners and the drivers.