The Bihar education department has asked authorities of several districts to revoke an order in which they have invoked prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) to direct schools to suspend lower classes due to the prevailing cold wave.
The DMs should have sought permission before issuing the order, Additional Chief Secretary (ACS) in charge the of education department K K Pathak said in a missive to all divisional commissioners.
Pathak issued a letter
"The District Magistrates may be asked how their prohibitory orders become applicable to schools, but not coaching institutes, and other public places like cinema halls, commercial establishments," Pathak said in his letter. When the order invoking Section 144 of the CrPC is passed, it must be kept in mind that such an order should pass judicial scrutiny, the letter issued on Saturday said.
Section 144 of the CrPC gives power to government officers such as district magistrates and sub-divisional magistrates to issue orders in urgent cases of nuisance or apprehended danger.
Order asked to be revoked
In view of prevailing cold weather conditions in several districts of the state, authorities of several districts like Patna and Bhojpur have ordered the closure of government and private schools for students up to class 8 under that section. "All such orders invoking Section 144 of the CrPC pertaining to closure of schools should be withdrawn. Permission must be sought from the education department before ordering a change in timings of the government school in future," read Pathak’s letter, a copy of which is in possession of PTI.
Letter deemed impractical by CPI member
The letter has evoked sharp reactions from certain quarters in Bihar. Talking to PTI, CPI Member of Legislative Council Sanjay Kumar Singh termed Pathak’s move "impractical and inhuman". "This letter is far from the ground reality. The health and life of children are always at risk during peak winter… In that situation, DMs are bound to issue orders (under section 144 of the CrPC) for the closure of schools," he said. Singh is also general secretary of the Federation of University Teachers of Bihar.
