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Tamil Nadu
MADURAI: The Madras High Court on Wednesday directed the State government to pay compensation of Rs.1 lakh each to the families of four out of five children who were crushed to death when the compound wall of their school collapsed. The incident took place at Seithur in Virudhunagar district in April 2005. The parents of four children had filed writ petitions in the Madurai Bench seeking compensation of Rs.2 lakh each. Justice K. Chandru also directed the management of the aided elementary school to pay Rs.50,000 each to the petitioners. The compensation was in addition to ex gratia (money given from a sense of moral obligation rather than any legal requirement) of Rs.50,000 each already disbursed by the government to the families of all five children. The deceased were aged between six and eight years. One of them was the only child to his parents. While the school claimed that the wall collapsed because it could not bear the weight of 15 children who were clinging on to an iron gate attached to it, the Chief Educational Officer termed it “act of God.” “No teachers present”The petitioners said that the wall was in a damaged condition and no teacher was around when the children were playing. “When children of tender age are sent to State-supported school, it is the responsibility of the school and the State to take care of their safety. No negligence can be attributed to the children of tender age,” the Judge said agreeing with the submissions made by petitioners’ counsel M. Jothi Basu. The State could not wriggle out of its responsibility in compensating the parents because it was bound to provide free and compulsory education for every child up to the age of 14 years under Article 21A of the Constitution. The State was fulfilling its obligations through government schools as well as providing grant-in-aid to private schools. “When such schools impart education, they also participate in fulfilling the Constitutional obligations imposed on the State. Further, there was also the Tamil Nadu Compulsory Education Act, which would punish parents if they do not send their children to schools,” the Judge said. “In the light of the above factual matrix… this court cannot disappoint the parents by telling them the cause of the death of their children was an ‘act of God’ as irresponsibly suggested by the Chief Educational Officer,” Mr. Justice Chandru added.
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