RIGHT TO EDUCATION

Education & India

Right to Education has received considerable focus  during the last decade. Many groups and agencies made determined efforts to ensure that all children in India receive at least the minimum of education irrespective of their socio-economic status and their ability to pay for education. Education is an essential human right and achieving this for all children is one of the biggest moral challenges of our times. The right to education is included  in the Universal Declaration of Human Rights, and the Convention on the rights of children. 

The Indian Education Commission (Kothari Commission) 1964–1968, reviewed the status of education in India and made recommendations. Most important amongst these is its recommendation of a common school system with a view to eliminating inequality in access to education. Immediately thereafter, the National Policy on Education, 1968 was formed. The 1968 Policy was the first official document evidencing the Indian Government’s commitment towards elementary education. The Policy dealt with issues of equalisation of educational opportunity and required the common school system to be adopted in order to promote social cohesion. However, it was not supported by legal tools that could enforce such policy mandates.

Problems

ü  Despite various government efforts, one thirds of the population till remains illiterate              

ü  Of the nearly 200 million children in the age group between 6 and 14 years, more than half do not complete eight years of elementary education; they either never enroll or they drop out of schools.                                                                                                                       

ü  Percentage of children enrolling in secondary schools in the age group 14-17 is much less when compared to  developed countries and other  developing countries ,               

ü  In higher education less than 10% are enrolled.                                                                          

ü  Gender and spatial disparities are high.                                                                                       

ü  Rural populations are at a higher disadvantage & schooling among women are less than that of women in all states                                                                                                                    

ü  Lack of facilities, proximity to schools discourage children from joining schools                      

ü  Poor quality of education and teachers                           

ü  The Revised policy on education (1992) suggested provisions of adequate classrooms and teachers . But still many schools are being run in the open, in tents and kutcha buildings.

Efforts are on to improve school environment and facilities.  The Education guarantee scheme (2000) is viewed as an effective way to improve enrolment. National policies lay stress on eradicating illiteracy altogether and to provide universal elementary education to all in the shortest possible time.

India has made a concrete effort to address the issue of education by amending its Constitution to make quality elementary education the right of every child. Elementary education has been made a fundamental right .  With the amendment to the constitution, elementary education  is made free and compulsory for  all the country’s children.

Right to Education Act 2010

The Right of children to Free and Compulsory Education Act come into force from April 1, 2010. Some of the features of this Act are

ü  Every child in the age group of 6-14 years will be provided 8 years of elementary education in an  appropriate classroom in the vicinity of his/her neighbourhood.                    

ü  The state  has the responsibility of enrolling the child as well as ensuring attendance and completion of 8 years of schooling                                                                                      

ü  No child shall be denied admission for want of documents;                                                                  

ü  no child shall be turned away if the admission cycle in the school is over and no child shall be asked to take an admission test.                                                                             

ü  Children with disabilities will also be educated in the mainstream schools                                

ü  All private schools shall be required to enroll children from weaker sections and disadvantaged communities to the extent of 25% of their enrolment, by simple random selection. No seats in this quota can be left vacant.

While this Act is a welcome development , it should be noted that this act covers only upto age 14.  As a signatory to the United Nations Child Rights Convention, India has accepted the international definition of a child as someone under the age of 18 years. The Act therefore does not cover the rights of 0-6  and 14-18 age group.

Legislative framework

Article 45, of the Constitution of India originally stated:

“

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.”

This article was a directive principle of state policy within India, effectively meaning that it was within a set of rules that were meant to be followed in spirit and the government could not be held to court if the actual letter was not followed. However, the enforcement of this directive principle became a matter of debate since this principle held obvious emotive and practical value, and was legally the only directive principle within the Indian constitution to have a time limit.

• Article 45 was substituted by this article (the Ninety-third amendment bill) which read:

“

Provision for early childhood care and education to children below the age of six years: The State shall endeavour to provide early childhood care and education for all children until they complete the age of sixteen years.

”

Following initiatives by the Supreme Court of India during the 1990s the Ninety-third amendment bill suggested three separate amendments to the Indian constitution:

• The constitution of India was amended to include a new article, 21A, which read:

“

The State shall provide free and compulsory education to all children of the age of six to fourteen years in a such manner as the State may, by law, determine.

”

• Another article, 51A, was to additionally have the clause:

“

...a parent or guardian [shall] provide opportunities for education to his child or, as the case may be, [a] ward between the age of six to fourteen years.

”

The bill was passed unanimously in the Lok Sabha, the lower house of the Indian parliament, on November 28, 2001.^[101] It was later passed by the upper house—the Rajya Sabha—on May 14, 2002. After being signed by the President of India the Indian constitution was amended formally for the eighty sixth time and the bill came into effect. Since then those between the age of 6–14 have a fundamental right to education.
Article 46 of the Constitution of India holds that:

“

The State shall promote, with special care, the education and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of social exploitation'.

”

Other provisions for the Scheduled Castes and Scheduled Tribes can be found in Articles 330, 332, 335, 338–342. Both the 5th and the 6th Schedules of the Constitution also make special provisions for the Scheduled Castes and Scheduled Tribes.

@Notes courtesy of Aparna, Shruti Gokhale, Dhanika and myself