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Against Mandating Vaccine Immunization Card Certificate During School Admissions

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Unlawfully and Illegally– Mandating Immunization/Vaccination Card (or Certificate) for Students
by CBSE/ICSE Affiliated Schools, during School Admissions.
1 message
vikash kumar <vicky.912h@gmail.com>
Thu, Mar 28, 2024 at 01:22
To: rddmagadh.edn@gmail.com, radhealthmagadh@gmail.com
Cc: divcom-magadh-bih@nic.in, secdivcom-mag-bih@gov.in, deogaya.edn@gmail.com, deoaurangabad.edn@gmail.com,
deonawada.edn@gmail.com, deojehanabad.edn@gmail.com, deoarwal.edn@gmail.com, secy-edn-bih@nic.in, health-bih@nic.in,
ssabihar@gmail.com, secycell.education@gmail.com, cbse.aff@nic.in, secy-cbse@nic.in, council@cisceboard.org, council@cisce.org,
bslsalokadalat@gmail.com, bslsa_87@yahoo.co.in, bslsanyayasamadhan@gmail.com, phclsc@gmail.com, bsbcpatna@gmail.com,
hcpat-bih@nic.in, rg.pathc@indiancourts.nic.in, ms.bslsa-bih@gov.in, sclsc@nic.in, nalsa-dla@nic.in, supremecourt@nic.in,
scbaecinfo@gmail.com, idysecretary@gmail.com, chairperson.bhrc-bih@gov.in, sec-bhrc@nic.in, cr.nhrc@nic.in,
preetibdalal.ncpcr@gov.in, divyagupta.ncpcr@gov.in, cp.ncpcr@nic.in, scpcr.bihar@gmail.com, school.edu@gov.in, secy.sel@nic.in,
ts.lian@nic.in, anil.kumar75@nic.in, navendra.singh@nic.in, cwjs-mwcd@gov.in, secy.wcd@nic.in, rtebiharhelp@gmail.com
Dated: 28.03.2024
To,
Shri Prem Chandra
Regional Deputy Director of Education
Magadh Division, Gaya
And
To,
Smt (Dr.) Neeta Agrawal
Regional Aditional Director,
Health Service,
Magadh Division, Gaya
CC,
Dr Justice Dhananjaya Y Chandrachud
Hon'ble Cheif Justice,
Supreme Court of India
CC,
Justice K. Vinod Chandran
Hon'ble Cheif Justice,
High Court of Patna
CC,
Sri K. K. Pathak, I.A.S.
Additional Chief Secretary,
Education Department,
Government of Bihar
CC,
Shri Pratyaya Amrit, I.A.S.
Additional Chief Secretary,
Health Department,
Government of Bihar
And CC to Others
Subject: Unlawfully and Illegally– Mandating Immunization/Vaccination Card (or Certificate) for Students by CBSE/ICSE Affiliated
Schools, during School Admissions.
Respected Sir/Ma'am,
My name is Vikash Kumar, resident of Gaya Sadar block, Gaya District, Bihar. Being an aware and responsible citizen of India, I am
raising a serious matter to your kind notice for taking needful action as per the law of the land in India including relevant sections
of Acts, Rules/Regulations and its Guidelines, adopted/notified by Government of Bihar.
It is shocking but true, that since many years, under the nose of the current and past District Education Officers (DEOs), the private
schools, operating in Magadh Division, at the time of taking admission for LKG and/or class 1, the private schools
registered/certified by Department of Education, Government of Bihar, are openly violating law of the land, by– forcing/coercing the
parents to vaccinate their kids by putting condition to produce immunization/vaccination card, and/or taking forceful blanket
uninformed consent to vaccinate the students, anytime in future, inside the school premises– in contravention/contempt to
relevant Government of India/Bihar Acts (and its Rules/Regulation/Guidelines) and Supreme/High Court orders/judgements;
I have collected all valid evidences (current as well as that of previous academic sessions) WRT different private schools operating
in different districts of Magadh Division, Bihar. If and when required, particularly if no needful action taken against the
violators/culprits (school and government officials), I will produce all the evidences to the appropriate authority including Hon'ble
Supreme/ High Court, for criminal/civil prosecution of those responsible for commission/omission of their duty as public servant.
Against the Mandates of Producing Vaccination/Immunization Card (or Certificate) at the Time of Admission in School and/or
Taking Invalid Consent for Vaccination/Immunization Inside School Premises, following are the pertinent and relevant parts of
Acts, Rules, Guidelines and Case Laws, which proves ongoing abuse of the law of the land by CBSE/ICSE affiliated schools and the
concerned government authorities/officials—
(1). Law of the land in India says that to take or not to take any kind/dose of medical intervention or therapeutic procedure,
including immunization/vaccination, is purely voluntary; and incase of minors/wards (those under 18 years of age), the parents are
the natural/legal gaurdian, hence their (parents') prior, free, fresh, voluntary, specific and expressed written informed consent is
legally mandatory. If the taken consent is– blanket, forceful (use of direct/indirect coercion), uninformed, ambiguous, unilateral,
open-ended, old, un-revokable/un-withdrawable, undocumented or for illegal procedure/purpose – then it is unlawful, and thus
invalid and punishable under different sections of criminal/civil laws.
Refer– https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4697240/#ref3
(2). As per Supreme Court of India's Two Judge Division Bench Judgement/Order in Jacob Puliyal vs Union of India & Ors (Civil WP
607 of 2021)–
"Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be
vaccinated";
"Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which
consequently encompasses the right to refuse to undergo any medical treatment in the sphere of individual health";
"Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid vaccination, without anyone
physically compelling them to be vaccinated";
"no submission nor any data has been put forth to justify restrictions only on unvaccinated individuals when emerging scientific
evidence appears to indicate that the risk of transmission of the virus (or any germs) from unvaccinated individuals is almost on
par with that from vaccinated persons";
"The restrictions on unvaccinated individuals imposed through vaccine mandates cannot be considered to be proportionate,
especially since both vaccinated and unvaccinated individuals presently appear to be susceptible to transmission of the virus (or
any germ) at similar levels."
(3). As per Supreme Court of India's Five Judge Constitutional Bench Judgement/Order- Common Cause vs Union of India & Anr
(Civil WP 215 of 2005):
"An adult human being of conscious mind is fully entitled to refuse medical treatment (for themselves or their wards) or to decide
not to take medical treatment and may decide to embrace the death in natural way."
"An adult human being having mental capacity to take an informed decision has right to refuse medical treatment (for themselves
or their wards) including withdrawal from life saving devices."
"A patient‘s right to refuse treatment lacks his specific intention to die, rather it protects the patient from unwanted medical
treatment. A patient refusing medical treatment (for themselves or their wards) merely allows the disease to take its natural course
and if, in this process, death occurs, the cause for it would primarily be the underlying disease and not any self initiated act."
(4). RTI reply from Immunization Section of Ministry of Health And Family Welfare (MOHFW), Government of India says– "for any
child in India, vaccination is not compulsory".
Refer– https://drive.google.com/file/d/1EF_fxuBMlUDjZooBCQ6fj7ZOU3LW2J7O/view?usp=drivesdk
(5). RTI reply from All India Institute of Medical Sciences (AIIMS) says– "A Consent Form is a document, in which a beneficiary
needs to read, understand and sign before taking the vaccine"; "after reading it (Consent Form) and understanding, a beneficiary
needs to sign the document and thereafter should get the vaccine. The beneficiary may or may not sign the informed consent
form".
Refer– https://drive.google.com/file/d/1EJqGC6Sl1fWGv8EfvBpO0mN75IXLZEct/view?usp=drivesdk
(6). High Court of Delhi's Single Judge Bench Order/Judgement in Master Hridaan Kumar (minor) v. Union of India W.P.(C)
343/2019–
"The contention that indication of the side effects and contraindications in the advertisement (or informed consent form) would
discourage parents or guardians from consenting to the MR ( or any other vaccination) campaign and, therefore, the same should
be avoided, is unmerited. The entire object of issuing advertisements is to ensure that necessary information is available to all
parents/guardians in order that they can take an informed decision. The respondents are not only required to indicate the benefits
of the MR vaccine (or any other vaccine) but also indicate the side effects or contraindications so that the parents/guardians can
take an informed decision whether the vaccine is to be administered to their wards/children."
(7). Private Schools list certain documents needed to be submitted (in online and/or offline mode) during the process of
admission, the list includes immunization/vaccination card (or certificate). To make sure that all of the listed documents,
mentioned in the admission form, are submitted by the parents during the admission process, the schools declare and assign
some extra points/marks on submission of all said documents. This is nothing but coercion by the schools in the name of
providing admission, indirectly forcing the parents to vaccinate their kids. This act of the schools is against one of the basic
doctrine/principle of law, which says– "what cannot be done directly cannot also be done indirectly".
"Hon'ble Supreme Court of India has held (in several cases/judgements) that what cannot be done directly, cannot be allowed to be
done indirectly as that would be an evasion of the statute. The Supreme Court has held that it is a well known principle of law that
the provisions of law cannot be evaded by shift or contrivance. The Supreme Court has held that in an indirect or circuitous manner
the objects of a statute cannot be defeated."
Refer– https://indiankanoon.org/docfragment/1337362/?formInput=what%20cannot%20be%20done%20directly%20%
20doctypes%3A%20supremecourt%2Chighcourts
(8). For deciding on matter of health (and education), including any medical intervention or therapeutic procedure like
vaccination/immunization of wards i.e. children, the natural gaurdian (means parents) are the legal gaurdian, and not the school,
state/government or its officials (or even court incase parents are alive and fit).
As per section 24 of Guardians and Wards Act, 1890,
"Duties of guardian of the person- A guardian of the person of a ward is charged with the custody of the ward and must look to his
support, health and education, and such other matters as the law to which the ward is subject requires".
(9). Constitutional Provisions: As per Constitution of India- Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India.
- Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by
law.
- Article 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may by law, determine.
- Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to ensure that the health and
strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength and that the children are given opportunities and facilities
to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against
exploitation and against moral and material abandonment.
- Article 45 envisages that the State shall endeavor to provide early childhood care and education for all children until they
complete the age of six years.
- Article 51A provides that it is a Fundamental Duty of a parent or guardian to provide opportunities for education to his child or
ward between the age of six and fourteen year.
(10). As per RTE Act 2009, i.e. The Right Of Children To Free And Compulsory Education Act, 2009–
•Section 8. Duties of appropriate Government.
The term “compulsory education” means obligation of the appropriate Government to(ii) (a) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to
fourteen years;
(ii) (f) ensure and monitor admission, attendance and completion of elementary education by every
child;
•Section 9. Duties of local authority.
(e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its
jurisdiction;
(i) monitor functioning of schools within its jurisdiction;
(11). As per 'Commissions for Protection of Child Rights Act, 2005' -"child rights" includes the children's rights adopted in the United
Nations 'Convention on the Rights of the Child' on the 20th November, 1989 and ratified by the Government of India on the 11th
December, 1992.
As per the 'Convention on the Rights of the Child' (CRC)–
•Article 21. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family
members.
•Article 161. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
(12). The National Charter for Children, 2003 adopted on 9th February 2004, underlined the intent to secure for every child its
inherent right to be a child and enjoy a healthy and happy childhood, to address the root causes that negate the healthy growth and
development of children, and to awaken the conscience of the community in the wider societal context to protect children from all
forms of abuse, while strengthening the family, society and the Nation.
(13). As per National Policy for Children, 2013 adopted on 26th April 2013,
Section 2.2, Reaffirms that:
-every child is unique and a supremely important national asset;
-special measures and affirmative action are required to diminish or eliminate conditions that cause discrimination;
-all children have the right to grow in a family environment, in an atmosphere of happiness, love and understanding;
-families are to be supported by a strong social safety net in caring for and nurturing their children;
Section 3, Guiding Principles includes:
-every child has universal, inalienable and indivisible human rights;
-the rights of children are interrelated and interdependent, and each one of them is equally important and fundamental to the wellbeing and dignity of the child;
-every child has the right to life, survival, development, education, protection and participation;
-all children have equal rights and no child shall be discriminated against on grounds of religion, race, caste, sex, place of birth,
class, language and disability, social, economic or any other status;
-the best interest of the child is a primary concern in all decisions and actions affecting the child, whether taken by legislative
bodies, courts of law, administrative authorities, public, private, social, religious or cultural institutions;
-every child has the right to a dignified life, free from exploitation;
-safety and security of all children is integral to their well-being and children are to be protected from all forms of harm, abuse,
neglect, violence, maltreatment and exploitation in all settings including care institutions, schools, hospitals, creches, families and
communities.
Section 4.6 (vi), says that- The State shall take all necessary measures to- Address discrimination of all forms in schools and foster
equal opportunity, treatment and participation irrespective of place of birth, sex, religion, disability, language, region, caste, health,
social, economic or any other status.
(14). While issuing NOC (no-objection certificate) to the schools seeking CBSC/ICSE affiliation, the Department of Education,
Government of Bihar, puts no condition to demand Vaccination/Immunization Card (or Certificate) of the candidates (students) to
check/confirm/validate their vaccination status while seeking application for admission or during the admission process. Even the
CBSE or ICSE Boards don't direct the schools to do so. Then how come the schools are mandating the Vaccination/Immunization
Card (or Certificate) of the candidates for admission?
If the schools or DEOs put forward certain guidelines or letter of some higher authority to save their face on this pertinent matter,
then they should keep in mind the following law of the land–
Supreme Court of India's Two Judge Division Bench Judgement/Order in Jacob Puliyal vs Union of India & Ors (Civil WP 607 of
2021) states"Nobody can be forcefully vaccinated (or asked to present proof of vaccination to enjoy fundamental rights) as it would result in
bodily intrusion and violation of the individual’s right to privacy, protected under Article 21 of the Constitution of India."
In Justice K.S Puttaswamy (Retd) and Anr. Vs. UOI and Ors {WP (Civil) 494 of 2012}, on 24.08.2017, via Nine Judge Constitutional
Bench, the Supreme Court recognised ‘Right to Privacy' as a fundamental right, declaring in its order that– “The right to privacy is
protected as an intrinsic part of the right to life and personal liberty under Article 21 (of the Indian Constitution) and as a part of the
freedoms guaranteed by Part III of the Constitution.”
In the ‘Right to Privacy’ Judgement, the Supreme Court of India laid down the four-fold test, as 'Principle of Proportionality and
Legitimacy’ to limit the discretion of the State (or any public/ private authority) WRT to ‘Right to Privacy’. State (or any authority)
action that restricts/ violates the ‘fundamental right to privacy' must fullfill all four necessary principles, namely:
(i) The action must be sanctioned by law;
(ii) The proposed action must be necessary in a democratic society for a legitimate aim;
(iii) The extent of such interference must be proportionate to the need for such interference;
(iv) There must be procedural guarantees (viz. informed consent mechanism) against abuse of such interference.
All authorities in India including constitutional bodies of government i.e. Legislature, Executive and Judiciary, both at the Union as
well as State level (and local level), have to comply with the Judgements/ Orders/ Principles/ Doctrines given by the Constitutional
Benches of Supreme Court. All statutory authorities and any non-statutory entity like CBSE/ICSE, the private schools, etc. have to
comply to the Court orders and judgements, otherwise will have to face punitive actions including contempt of court.
CBSE or ICSE boards are not statutory bodies; nor the “rules, regulations, notifications, circulars and guidelines” framed by
CBSE/ICSE has any statutory force. CBSE/ICSE is only a society registered under the Societies Registration Act- 1860 and so, the
school affiliated to it is not a creature of the statute. Whatever contract/ agreement, in the form of by-laws or terms and conditions,
the school has signed with CBSE/ICSE to maintain its affiliation, does not in any way confer enforceable right on any person
managing the school (or the management committee) to contravene/ restrict/ violate the fundamental rights of the
students/wards (or applying candidates), their parents/ gaurdians, teachers and non-teaching staffs.
If CBSE/ICSE or any higher authority gives instruction to the school via circular to ensure that no student misses any child vaccine
prescribed in National Immunization Schedule (NIS) under Universal Immunization Schedule (UIS), then will the school start
discriminatory practices among the students (or applying candidates), as per their vaccination status, to make sure that every
parent/ gaurdian of the student is forced to take one or more vaccine, despite the medico-legal fact that any and every kind of
medical intervention including vaccines, testing, masks, deworming tablets, iron and folic acid tablets, etc. are purely voluntary?
If the CBSE (or ICSE) in its written communication to the school says that non-compliance with the instruction given by it via some
xyz circular shall lead to violation of rule no. 12.2.2 of Affiliation Bye-Laws (of CBSE), then, will the school comply to that instruction
even if it is not in accordance with the law of the land in India?
All the authorities (public/ government or private), including a private/ unaided/ minority school, are required to act as per the
commands of the laws of the land. They cannot act in a manner that can be termed as arbitrary or illegal. It is impermissible for a
superior authority to issue an illegal order to his subordinate authority/officer or school. As a natural corollary, it follows that an
authority or officer is not required to obey an “illegal” order of a superior. It is his duty to refuse to carry it out, otherwise he will have
to face criminal and civil liability. He has moral and legal obligation to the laws of the land and not to obey unlawful orders and the
people who issue them.
In the Nuremberg Trials held after the Second World War, the Nazi war criminals took the plea that they were only carrying out
orders of their superior authority, Hitler. This plea, that ‘orders are orders ‘ was rejected by the International Tribunal, and many of
the accused were sentenced to be hanged to death.
The Article 14 of the Constitution of India, says:
"The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India."
In the Landmark case of Bachan Singh versus State of Punjab, the Supreme Court explained the new dimensions of equality under
Article 14. Justice Bhagwati held that the rule of law pervades the complete fabric of the Indian Constitution and Article 14 helps in
excluding arbitrariness of any shape or form. The Court also held in this case that whenever there is any arbitrariness there is also
a denial of rule of law.
The Article 21 of the Constitution of India, says:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
In Maneka Gandhi versus Union of India case (1978) Supreme Court held that – ‘procedure established by law’ within the meaning
of Article 21 must be ‘right and just and fair’ and ‘not arbitrary, fanciful or oppressive’ otherwise, it would be no procedure at all and
the requirement of Article 21 would not be satisfied.
Basic principles of law include, "What cannot be done directly, cannot be done indirectly". If a person is not allowed to do an
“illegal” thing by himself, how can he be allowed to do an “illegal” thing under the orders of a superior? It Is pertinent to mention
that in the case of R.S. Nayak v. A.R. Antulay, (1986) 2 SCC 716 (at p. 769): AIR 1986 SC 2045 : 1986 Cri LJ 1922, the Supreme
Court has held that “…the superior’s direction is no defence in respect of criminal acts, as every officer is bound to act according to
law and is not entitled to protection of a superior’s direction as a defence in the matter of commission of a crime”.
It, thus, follows that if any person obeys an “illegal” order of a superior, he shall be doing it at his own peril. The law will not protect
him. He cannot take a defence in a court of law that he was acting in compliance of the orders of the superiors though that order
itself was an “illegal” order.
Thus, under Indian laws, complying with or obeying an illegal order of a superior may expose the concerned person to legal action
under relevant provisions of law, which may include a criminal prosecution in appropriate cases.
(15). Any medical record, including Vaccination/Immunization Card (or Certificate), are sensitive personal data or information, for
whose collection/transfer, storage and processing (all done only to fulfill legal purpose/objective), certain clear and specific legal
procedure/mechanism has to followed, and if these are not fulfilled in true letter and spirit, it can lead to compromise/abuse of
personal data owner's privacy, confidentiality and security–
The Government notified Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011. The Rules deals with protection of "Sensitive personal data or information of a person", which includes
such personal information which consists of information relating to- "physical, physiological and mental health condition", "medical
records and history", etc.
The said rules provide the reasonable security practices and procedures, which the body corporate (here schools) or any person
who on behalf of body corporate collects (here schools teaching, non-teaching staff or edutech third parties), receives, possess,
store, deals or handle information is required to follow while dealing with "Personal sensitive data or information". In case of any
breach, the body corporate or any other person acting on behalf of body corporate, the body corporate may be held liable to pay
damages to the person so affected.
The main highlights of the 2011 Rules are as follows–
Rule 4 imposes a duty on Body Corporates seeking sensitive personal data to draft a privacy policy and make it easily accessible
for people who are providing the information. The privacy policy should be clearly published on the website of the body corporate
and should contain details on the type of information that is being collected, the purpose for which it has been collected and the
reasonable security practices that have been undertaken to maintain the confidentiality of such information.
Rule 5 provides the guidelines that need to be followed by a Body Corporate while collecting information and imposes the following
duties on the Body Corporate:
a. Obtain consent from the person(s) (here parents) providing information in writing or by Fax or by e-mail before collecting such
sensitive personal data given by any mode of electronic communication;
b. Information shall not be collected unless it is for lawful use and is considered necessary for the purpose. The information
collected shall be used only for the purpose for which it is collected and shall not be retained for a period longer than which is
required;
c. Ensure that the person(s) providing information are aware about the fact that the information is being collected, its purposes &
recipients, name and addresses of the agencies retaining and collecting the information;
d. Retain the information for no longer than is required for the purposes for which the information may lawfully be used or is
otherwise required under any other law for the time being in force;
e. Offer the person(s) providing information an opportunity to review the information provided and make corrections, if required;
f. Before collection of the information, provide an option to the person(s) providing information to not provide the information
sought;
g. Maintain the security of the information provided; and
h. Designate a Grievance Officer, whose name and contact details should be on the website who shall be responsible to address
grievances of information providers expeditiously.
Rule 6 provides that a Body Corporate must seek prior permission of the information provider before disclosing such information
to a third party. However, no prior permission is required if request for such information is made by government agencies
mandated under law or any other third party by an order under law.
Rule 8 provides the reasonable security processes and procedures that may be implemented by Body Corporates. International
Standards (IS / ISO / IEC 27001) is one such standard which can be implemented by a body corporate to maintain data security.
As per 'Charter of Patients’ Rights', in implementation by MoHFW, GoI–
"Informed consent of patient should be taken before digitization of medical records".
Refer- http://clinicalestablishments.gov.in/WriteReadData/3181.pdf
Section 72 of Information Technology Act, 2000, deals with Penalty for breach of confidentiality and privacy which states that: “If
any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured
access to any electronic record, book, register, correspondence, information, document or other material without the consent of the
person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any
other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one
lakh rupees, or with both".
Section 405 of the Indian Penal Code talks about criminal breach of trust wherein, if any person is trusted with any property and the
person misappropriates it contrary to the given directions, he will be liable under this section. Section 405 states that:
“Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or
converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made
touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.
As per Digital Personal Data Protection Act, 2023–
-“personal data” means any data about an individual who is identifiable by or
in relation to such data;
-“personal data breach” means any unauthorised processing of personal
data or accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access to personal data, that compromises
the confidentiality, integrity or availability
of personal data;
-“processing” in relation to personal data, means a wholly or partly automated
operation or set of operations performed on digital personal data, and includes
operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination,
indexing, sharing, disclosure by transmission,
dissemination or otherwise making available, restriction, erasure or destruction;
-The consent given by the Data Principal (personal data owner) shall be free, specific, informed, unconditional and unambiguous
with a clear affirmative action, and shall signify an agreement to the processing of her personal data for the specified purpose and
be limited to
such personal data as is necessary for such specified purpose;
-Any part of the consent which constitutes an infringement of the provisions of this Act or the rules made thereunder or any other
law for the time being in force shall be invalid to the extent of such infringement;
-The Data Fiduciary (here school) shall, before processing any personal data of a child or a person with disability who has a lawful
guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be
prescribed.
I would request the concerned appropriate authorities, who are addressed "To" in this letter/email, including those kept in CC, to
take this raised matter seriously and on top priority, taking needful actions against all violators/culprits, including the CBSE/ICSE
affiliated schools and concerned government officials, as per the law of the land, within 15 working days, failing which I will be
forced to escalate the matter further.
Thanks and Regards,
Vikash Kumar
Mobile No. 7004657611
Email ID- vicky.912h@gmail.com
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