CHALLENGES IN IMPLEMENTATION OF RIGHT TO … · FISCAL POLICY INSTITUTE PROJECT REPORT CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009 A Critical

FISCAL POLICY INSTITUTE

PROJECT REPORT

CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND

COMPULSORY EDUCATION ACT, 2009

A Critical Analysis of India with special focus on Karnataka

Submitted as part of Summer Internship

by

KHUMTIYA DEBBARMA

NLSIU, Bangalore

January to March 2011

CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009

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Letter of Transmittal

Mr. P.R. Devi Prasad, IES Place: Bangalore

Director Date:

Fiscal Policy Institute

Finance Department

Government of Karnataka

Dear Sir,

I am pleased to submit herewith the project report titled, “Challenges in Implementation of Right

to Free and Compulsory Education Act, 2009: A Critical Analysis of India with special focus on

Karnataka”. I hereby declare that this is an original work done by me at FPI, Bangalore and the

findings of this work have not been previously submitted for any publication.

Khumtiya Debbarma

Summer Intern

National Law School of India University, Bangalore


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Certificate

This is to certify that the project report titled “Challenges in Implementation of Right to Free and

Compulsory Education Act, 2009: A Critical Analysis of India with special focus on Karnataka”

submitted by Ms. Khumtiya Debbarma as a part of summer internship is the result of the work

done by her at Fiscal Policy Institute, Bangalore, Finance Department, Government of

Karnataka, from January to March 2011 under my guidance.

Place: Bangalore

Date:

Mr. P. R. Devi Prasad, IES

Director, Fiscal Policy Institute

Finance Department

Government of Karnataka


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Acknowledgements

I would like to extend my indebted gratitude to Mr. P. R. Devi Prasad, IES, Director, FPI,

Finance Department, Bangalore, for his invaluable guidance and feedback provided during the

course of the project.

I am deeply obliged for the guidance and invaluable inputs during all phases provided to me by

Ms. Nelleri Umeshwari, Special Officer, FPAC.

I would like to express my heartfelt thanks to Ms. Munawwara Shakila, Consultant, FPI, for her

guidance during every stage of this project.

I am thankful to Mr. Y.C. Shivakumar, Deputy Director (Administration), FPI, Ms. Anita V.

Nazare, Special Officer, FPI and Mr. Mandar Nayak, Consultant, ERC, for their guidance and

support in this project.

I am thankful to my fellow interns, Ms. Batool Zahoor Quazi, Mr. Mustafezur Mallick, Mr.

Sharmendra Chaudhry and Ms. Suvalaxmi Dash, pursuing LLM at NLSIU for their enormous

support, guidance and help at every juncture through exchange of ideas and views while doing

the project.

I am also thankful to Mr. Abhilash Kumar and Mr. Varun Chhabra, summer interns from IIM,

Lucknow for giving comments and suggestions for the project report.

I am thankful to Officers and Staff at FPI and FPAC who have extended cooperation and support

throughout the course of the project.

I would like to thank Government of Karnataka for giving me an opportunity to work on this

project at FPI.

Any errors and omissions are the responsibility of the author.

Khumtiya Debbarma

Summer Intern

National Law School of India University, Bangalore


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Table of Contents

Letter of Transmittal ................................................................................................................................................... i

Certificate ................................................................................................................................................................... ii

Acknowledgements ................................................................................................................................................... iii

List of Tables ............................................................................................................................................................ vi

Abbreviations ........................................................................................................................................................... vii

1. INTRODUCTION ............................................................................................................................................... 1

1.1 Objectives of the Study .............................................................................................................................. 2

1.2 Research Methodology ............................................................................................................................. 2

1.3 Limitations and further research ................................................................................................................ 2

2. RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION IN INTERNATIONAL

PERSPECTIVE............................................................................................................................................. 3

2.1 Aims and Objectives of Education in International Covenants and Treaties ............................................. 3

2.2 Key treaty provisions on Free and Compulsory Education........................................................................ 3

2.3 Role of International Agencies in making Education available for all ...................................................... 5

2.4 Constitutional Guarantees of the Right to Education in various Countries ............................................... 8

3. CONSTITUTIONAL MANDATE – RIGHT TO EDUCATION ..................................................................... 10

3.1 The Constitution (Eighty-Sixth Amendment) Act, 2002 ......................................................................... 10

3.2 Constitutional Articles / Schedules safeguarding the interest of the child ............................................... 11

3.3 Supreme Court Judgments on Right to Education ................................................................................... 14

4. RIGHT TO FREE & COMPULSORY EDUCATION IN INDIA .................................................................... 16

4.1 Introduction .............................................................................................................................................. 16

4.2 Studies conducted on quality of education and the role of communities ................................................. 17

4.3 Sarva Shiksha Abhiyan and RTE ............................................................................................................. 18

4.4 Status of Implementation of RTE Act, 2009 in India .............................................................................. 18

4.5 Challenges with RTE ............................................................................................................................... 23

5. RIGHT TO FREE AND COMPULSORY EDUCATION, CRITICAL ANALYSIS IN KARNATAKA ........ 26

5.1 Acts and Rules enforced in Karnataka ..................................................................................................... 26

5.2 Literacy in Karnataka ............................................................................................................................... 28

5.3 EDI of Karnataka and Districts ................................................................................................................ 29

5.4 Elementary Education in Karnataka ......................................................................................................... 30

5.4.1 Elementary Education and Five Year Plans .................................................................................... 31

5.4.2 Major State Interventions ................................................................................................................ 32

5.5 RTE Implementation Status ..................................................................................................................... 33

5.6 RTE and Budget ....................................................................................................................................... 36

5.7 Challenges for Karnataka ......................................................................................................................... 37


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6. SUGGESTIONS ................................................................................................................................................ 39

7. CONCLUSION .................................................................................................................................................. 42

8. BIBLIOGRAPHY .............................................................................................................................................. 43

9. ANNEXURES ................................................................................................................................................... 45

Annexure 9.1 – Provisions of the Constitution of India having a bearing on Education ................................. 45

Annexure 9.2 – The Constitution (Eighty-Sixth Amendment) Act, 2002 (12th December, 2002) ................. 47

Annexure 9.3 – Karnataka Task Force on Education Recommendation on SDMCs ....................................... 49

Annexure 9.4 – District-wise EDI of Karnataka for 2009-10 .......................................................................... 50

Annexure 9.5 – Circular of GoK banning Class VII public exam ................................................................... 51

Annexure 9.6 – The Right of Children to Free and Compulsory Education Act, 2009 ................................... 53


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List of Tables

Table No. Title of the Table Page

No.

Table 1 Constitutional Guarantees of the Right to Education in various Countries 9

Table 2 Provisions of the Constitution of India having a bearing on Education 12

Table 3 The Right of Children to Free and Compulsory Education Act, 2009 – an

Abstract 16

Table 4 Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011 18

Table 5 Literacy Rate 2001-2011 for India & Karnataka 28

Table 6 EDI – Karnataka‟s Position at Primary, Upper Primary and Composite

level 29


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Abbreviations

AIR All India Report

DISE District Information System for Education

DPEP District Primary Education Programme

EFA Education For All

EE Elementary Education

FYP Five Year Plan

GoI Government of India

GoK Government of Karnataka

IIM Indian Institute of Management

ILO International Labour Organization

MDG Millennium Development Goal

NE North Eastern

NGO Non Government Organization

NCPCR National Commission for Protection of Child Rights

NPEGEL National Programme for Educational of Girls at Elementary Level

NUEPA National University of Educational Planning and Administration

RTE Right to Education

SC Supreme Court

SCPCR State Commission for Protection of Child Rights

SSA Sarva Shiksha Abhiyan

SDMC School Development Monitoring Committees

UN United Nations

UNICEF United Nations International Child‟s Emergency Fund

UDHR Universal Declaration of Human Rights

UEE Universalization of Elementary Education

UNESCO United Nations Educational, Scientific and Cultural Organization

UTs Union Territories

http://www.google.co.in/url?sa=t&source=web&cd=1&ved=0CDQQFjAA&url=http%3A%2F%2Fwww.unesco.org%2F&ei=IfKnTcmRCoymvgOMweWACg&usg=AFQjCNGothJfQFH0qdN7f5d6BxaB3HG-IQ&sig2=sGjw5y-F-hp6EUY9qerQiw


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1. INTRODUCTION

The United Nation General Assembly adopted and proclaimed the Universal Declaration of

Human Rights in India in the year 1992. Under Article 26 of UDHR children have the Right to

Education. Education shall be free at least at the elementary level. The Constitution of India also

provides Free and Compulsory Education. The 86th

amendment of the Constitution of India

states that every child between the ages 6-14 years has the right to Free and Compulsory

Education. It means that education is now legally enforceable duty of the State and the Center.

Center and the State have to provide Free and Compulsory Education under the said age group.

As such the Government of India has undertaken a number of reforms in the field of elementary

education, which has made education accessible to all children in the country.

The Right to Education bill has been passed by the Parliament on 4th

August 2009. The bill

describes the methods of the provisions of Free and Compulsory Education of a child between

the age group of 6-14 years in India under Article 21 of Constitution of India. The bill makes it

Fundamental Right for all children between the age of 6 and 14. The bill also specifies the

responsibilities and roles of various stakeholders like Government, Local bodies, schools, and

teachers, for achieving UEE. It has a provision for reservation of 25% seats in the private schools

for the poor children. As such this bill was notified as a law on 3rd

September 2009 as child‟s

right to free and compulsory education.

The Free and Compulsory Education has been a challenge in India. The education in public

school remained riddled with absenteeism, poor management and conflict of interest as

government is a both a regulator authority and managing authority. Despite the facilities like free

books, food, etc in the government schools, parents prefer sending their children to private

schools. As such many children have been denied the right to education. There is no free or

quality of education in India.

In this project report, the researcher will be discussing the Child‟s Right To Free And

Compulsory Education in international perspective in the second chapter, Constitutional mandate

on Elementary Education in third chapter, Right To Free And Compulsory Education in India in

the fourth chapter and critical analysis of challenges in the implementation of Right To Free And

Compulsory Education in Karnataka, in the fifth Chapter.


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1.1 Objectives of the Study

The objectives of the study are:

1. To study Right to Free and Compulsory Education in International Perspective.

2. To study Constitutional mandate and landmark judgments on education in India

3. To study Right to Free and Compulsory Education Act 2009 in India

4. To critically analyze the challenges in implementation of Right to Free and

Compulsory Education in Karnataka

1.2 Research Methodology

A descriptive and analytical method is followed throughout the course of this paper. The study is

primarily based on analysis of secondary data. The sources are Right to Free and Compulsory

Education Act 2009, Constitution of India, International Conventions and other related

legislations.

1.3 Limitations and further research

i. This report is limited to secondary source of data. Primary data collection and analysis

was not carried out.

ii. The RTE Act has not yet been implemented in Karnataka. Hence the study sees the

current scenario and suggestions for combating challenges during implementation

have been given.

iii. Due to time constrain in-depth analysis could not be done.

iv. Various States / UTs are in different stages of implementation of processes that lead to

implementing the Act. The Act itself has not been implemented in any State / UT.

After implementation, if research is carried out, then a better evaluation of

implementation of RTE act can be done.


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2. RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION IN

INTERNATIONAL PERSPECTIVE

The Right to Education is a Fundamental Human Right. Every individual, irrespective of race,

gender, nationality, ethnic or social origin, religion or political preference, age or disability, is

entitled to a free elementary education. This right is explicitly stated in the United Nations in

various Conventions and Treaties.

Katerina Tomasevski, former United Nations Special Rapporteur on the right to education, points

out: "There is a large number of human rights problems, which cannot be solved unless the right

to education is addressed as the key to unlock other human rights. Education operates as

multiplier, enhancing the enjoyment of all individual rights, freedoms where the right to

education is effectively guaranteed, while depriving people of the enjoyment of many rights and

freedoms where the right to education is denied or violated."

2.1 Aims and Objectives of Education in International Covenants and Treaties

Some of the aims and objectives of education, as defined in the international covenants and

treaties, includes the following:

i. To develop human personality and individual talent, a sense of dignity and self worth,

and mental and physical ability.

ii. To instil respect for human rights and fundamental freedoms, as well as for cultural

identity, language and values.

iii. To enable people to participate effectively in a free society.

iv. To promote of understanding, tolerance, friendship among all groups, and to maintain

peace.

v. To promote gender equality and respect for the environment.1

2.2 Key treaty provisions on Free and Compulsory Education

International Human Rights law asserts the public responsibility for ensuring free and

compulsory primary education.

1 Right to Education project promoting mobilization and legal accountability.


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Some of the provisions are mentioned below:

i. Universal Declaration of Human Rights (1948): Education shall be free, at least in the

elementary and fundamental stages. Elementary education shall be compulsory.

ii. European Convention on Human Rights, Protocol 1 (1952): No person shall be denied the

right to education.

iii. UNESCO Convention against Discrimination in Education (1960): The States Parties to

this Convention undertake to formulate, develop and apply a national policy which will

tend to promote equality of opportunity and of treatment and in particular: a) to make

primary education free and compulsory.

iv. International Covenant on Economic, Social and Cultural Rights (1966): Primary

education shall be compulsory and available free for all.

v. Protocol of San Salvador to the American Convention on Human Rights (1988): The

States Parties to this Protocol recognize that in order to achieve the full exercise of the

right to education: a. Primary education should be compulsory and accessible to all

without cost.

vi. Convention on the Rights of the Child: (1989): States Parties recognize the right of the

child to education, and with a view to achieving this right progressively and on the basis

of equal opportunity, they shall, in particular: a) make primary education compulsory and

available free for all.

vii. Charter on the Rights and Welfare of the African Child (1990): States Parties to the

present Charter shall take all appropriate measures with a view to achieving the full

realization of [the right to education] and shall in particular: a) provide free and

compulsory basic education.

viii. (Revised) European Social Charter (1996): With a view to ensuring the effective exercise

of the right of children and youngsters to grow up in an environment which encourages

the full development of their personality and of their physical and mental capacities, the

Parties undertake, either directly or in co-operation with public and private organizations,

to take all appropriate and necessary measures designed to provide to children and young

persons‟ a free primary and secondary education as well as to encourage regular

attendance at schools.


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2.3 Role of International Agencies in making Education available for all

Some of the International Agencies and Organizations which help in the implementation of Right

to Free and Compulsory Education are mentioned below:

2.3.1 Universal Declaration of Human Rights (UDHR)

The General Assembly of the United Nation adopted and proclaimed the UDHR on December

10th

1948. The Article 26 of the UDHR states about Right to Free and Compulsory Education

which is as under:

“(1) Everyone has the right to education. Education shall be free, at least in the elementary and

fundamental stages. Elementary education shall be compulsory. Technical and professional

education shall be made generally available and higher education shall be equally accessible to

all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the

strengthening of respect for human rights and fundamental freedoms. It shall promote

understanding, tolerance and friendship among all nations, racial or religious groups, and shall

further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their

children”.2

In the years since the Universal Declaration of Human Rights was proclaimed, its principles have

inspired a great number of internationally agreed normative texts of all kinds: treaties,

Recommendations and Declarations.

Also five principal International Treaties influenced by UDHR and relating directly to education

are:

i. International Covenant on Economic, Social and Cultural Rights (1966);

ii. Convention against Discrimination in Education (1960);

2Article 26 of Universal Declaration of Human Rights.


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iii. Protocol Instituting a Conciliation and Good Offices Commission to be

Responsible for Seeking the Settlement of any Disputes which may arise between

States Parties to the Convention Against Discrimination in Education (1962)

iv. Convention on the Rights of the Child (1989); and

v. Convention on Technical and Vocational Education (1989).3

2.3.2 The Commission on Human Rights

The United Nations Commission on Human Rights is a UN‟s principle mechanism and

international forum concerned with the promotion and protection of human rights. Right to Free

and Compulsory Education is one among the major concerns in the Commission on Human

Rights.

As part of the United Nations Literacy Decade (2003-2012), the Commission on Human Rights

urged member states:

"(1) To give full effect to the right to education and to guarantee that this right is recognized

and exercised without discrimination of any kind;

(2) To take all appropriate measures to eliminate obstacles limiting effective access to

education, notably by girls, including pregnant girls, children living in rural areas, children

belonging to minority groups, indigenous children, migrant children, refugee children, internally

displaced children, children affected by armed conflicts, children with disabilities, children with

human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and children

deprived of their liberty." (Resolution 2002/23)”.4

2.3.3 United Nations Educational, Scientific and Cultural Organization (UNESCO)

The main objective of UNESCO is to contribute to peace and security in the world by promoting

collaboration among nations through education, science, culture, and communication. This will

3 World education report 2000.

4 United Nations Literacy Decade (2003-2012)


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further universal respect for justice, for the rule of law, and for the human rights and fundamental

freedoms that are affirmed for the peoples of the world, without distinction of race, sex,

language, or religion, by the Charter of the United Nations. The United Nations Literacy Decade

(2003-2012) aims to extend the use of literacy to those who do not currently have access to it.

2.3.4 United Nations Child’s Fund (UNICEF)

Created by the United Nations General Assembly in 1946 to help children after World War II in

Europe, UNICEF was first known as the United Nations International Children's Emergency

Fund. In 1953, UNICEF became a permanent part of the United Nations system, its task being to

help children living in poverty in developing countries. Its name was shortened to the United

Nations Children's Fund, but it retained the acronym "UNICEF," by which it is known to this

day.

Believing in quality education for all, UNICEF helps children get the care and stimulation they

need in the early years of life and encourages families to educate girls as well as boys. UNICEF

supports young people, wherever they are, in making informed decisions about their own lives,

and strives to build a world in which all children live in dignity and security. UNICEF's work is

geared toward ensuring that all children realize their right to education, and that every child has

the opportunity to develop to his or her full potential. Working with national governments, non-

governmental organizations (NGOs), other United Nations agencies and private-sector partners,

UNICEF protects children and their rights by providing services and supplies and by helping

shape policy agendas and budgets in the best interests of children.

2.3.5 World Bank

Since it began funding education funding in 1963, the World Bank has provided over U.S. $30

billion in loans and credits. It currently finances 153 projects in 79 countries. Working closely

with national governments, United Nations agencies, donors, NGOs, and other partners, the

Bank helps developing countries in their efforts to reach the Education For All (EFA) goals and

achieving universal primary education for all children by 2015 of reducing the education gap

between boys and girls.


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2.3.6 International Labour Organization (ILO)

The ILO founded in 1919 is the UN specialized agency that seeks the promotion of social justice

and internationally recognized human and labour rights. The ILO is known for its long-standing

work on vocational training policy and structures, but it also has an active program in education.

The ILO's specialty lies in its detailed technical knowledge of what constitutes good employment

practices recruitment, career development, salaries, working conditions, and labor relations as

the basis for education reform and quality. Since the 1950s, ILO's work has focused on

researching, promoting, and sharing information on standards and best practices. It is important

(though often over looked in education sector work) because the salaries of educational

personnel take up 60 to 95 percent of governments' annual expenditures on education; it is

highest in developing countries.

2.4 Constitutional Guarantees of the Right to Education in various Countries

In a number of countries the right to education is being progressively realized, and international

co-operation is facilitating progress in quite a few of these. The postulate of the Convention on

the Rights of the Child where by all children should have guaranteed access to education

regardless of their legal status, or that of their parents, is also gradually being translated into

practice. The exclusion of children without citizenship from education may amount to a denial of

their right to education, or it may be that they are subjected to different conditions.

Right to Free and Compulsory Education is Fundamental Right under Article 21A of the Indian

Constitution. Right to life under Article 21 is not assured and also the dignity of the individual is

not assured unless it is companied by Right to education. Along with India, many other countries

have free and compulsory education guaranteed constitutionally as illustrated in the Table5

below. In some countries, however, the right to education is formally restricted to legal citizens.

In some countries there is progressive realization or partial guarantees to Right to Free and

Compulsory Education. And in some countries there is no explicit Constitutional guarantee of

the right to education.

5 Katarina Tomaševski, “Free and compulsory education for all children: the gap between promise & performance”


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Table 1: Constitutional Guarantees of the Right to Education in various countries

Free and compulsory education for all

constitutionally guaranteed:

Albania, Algeria, Argentina, Australia, Austria,

Azerbaijan, Barbados, Belgium, Belize, Bolivia, Bosnia

and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde,

Chile, China, Colombia, Congo/Brazzaville, Costa Rica,

Croatia, Cuba, Denmark, Democratic People‟s Republic

of Korea, Ecuador, Egypt, Estonia, Finland, France,

Gambia, Georgia, Germany, Ghana, Haiti, Honduras,

Iceland, India, Ireland, Italy, Japan, Latvia,

Liechtenstein, Lithuania, Macedonia, Madagascar,

Malta, Mauritius, Mexico, Moldova, Netherlands,

Norway, Palau, Panama, Paraguay, Peru, Poland,

Portugal, Romania, Russia, Rwanda, Saudi Arabia,

Senegal, South Africa, Spain, Sri Lanka, Suriname,

Sweden, Switzerland, Tajikistan, Thailand, Trinidad and

Tobago, Tunisia, Ukraine, United Arab Emirates, United

Kingdom, Uruguay, Venezuela, Yugoslavia

Guarantees restricted to citizens or residents:

Armenia, Bahrain, Cambodia, Chad, Cyprus, Czech

Republic, Dominican Republic, El Salvador, Equatorial

Guinea, Greece,Grenada, Guatemala, Guyana, Hungary,

Jordan, Kazakhstan,Kuwait, Kyrgyzstan, Libya,

Luxembourg, Malawi, Mali,Morocco, New Zealand,

Nicaragua, Philippines, Qatar,Republic of Korea, Sao

Tome, Seychelles, Slovakia, Slovenia, Syria, Turkey,

Turkmenistan, Viet Nam, Yemen

Progressive realization or partial guarantees:

Bangladesh, Belarus, Benin, Bhutan, Burma, Cameroon,

Comoros, Guinea, Guinea-Bissau, Iran, Iraq, Israel,

Maldives, Micronesia, Monaco, Mongolia, Namibia,

Nepal, Nigeria, Pakistan, St Kitts and Nevis, Sierra

Leone, Sudan, Tanzania, Togo, Uganda, Uzbekistan,

Zimbabwe

No constitutional guarantee:

Angola, Antigua and Barbuda, Bahamas, Botswana,

Brunei, Burkina Faso, Burundi, Central African Rep.,

Cote d‟Ivoire, Djibouti, Dominica, Eritrea, Ethiopia,

Fiji, Gabon, Indonesia, Jamaica, Kenya, Kiribati, Laos,

Lebanon, Lesotho, Liberia, Malaysia, Marshall Islands,

Mauritania, Mozambique, Nauru, Niger, Oman, Papua

New Guinea, St Lucia, St Vincent, Samoa, San Marino,

Singapore, Solomon Islands, Swaziland, Tonga, Tuvalu,

USA, Vanuatu, Zambia

Source: Free and compulsory education for all children: the gap between promise & performance, authored by K. Tomaševski

Right to Education has been included as a fundamental right in many of the countries. This right

acts as a foundation for other human rights. This right has been explicitly stated in many

international conventions and treaties. By incorporating this as a fundamental right and

implementing it in all countries, the goal of UEE / MDG can be achieved.


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3. CONSTITUTIONAL MANDATE – RIGHT TO EDUCATION

In the Fifty-third Year of the Republic of India, a new Federal Right stated that “The state shall

provide free and compulsory education to all children of the age 6 to 14 years in such manner as

the state may, by law, determine”. This new Article 21A was inserted by the Constitution

(eighty-sixth amendment) Act, 2002. Under Article 21A of the Indian Constitution, the Right to

Free and Compulsory Education is a Fundamental Right.

In 2009, the historic legislation of the Right of Children to Free & Compulsory Education (RTE)

Act was enacted. In January, 2010, the Model Rules for the Right to Education which state

governments will use (in total or with modifications) for their implementation of the Act were

approved. With the RTE coming into force on April 1, 2010, India joined the league of over 130

countries all over the world that have legal guarantees to provide free and compulsory education

to children.

Since the inception of our Constitution in 1950, the right to education was kept under the

category of the Directive Principles of State Policy. These directive principles act as important

guidelines towards making laws to establish a just society in the country. But unlike

Fundamental Rights, these are non-justifiable rights of the people.

The need to address inadequacies in retention, residual access, particularly of un-reached

children, and the questions of quality are the most compelling reasons for the insertion of Article

21-A in the Constitution of India and the passage of the RTE Act, 2009 in the Parliament.

3.1 The Constitution (Eighty-Sixth Amendment) Act, 2002

The Government introduced the Constitution (Ninety-third) Amendment Bill, 2001in the

parliament to make free and compulsory elementary education for children of the age group 6-14

years a fundamental right. Earlier the Government had introduced the Constitution (Eighty-

Third) Amendment Bill, 1997, on the same subject. When the ninety-third Amendment Bill,

2001 was passed by the Parliament, it became the Constitution (eighty-sixth amendment) Act,

2002.


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The 86th

Amendment (Annexure 9.2) inserted Article 21A, substituted Article 45 and added

clause in Article 51A. The provisions made by the Amendment are discussed below:

Article 21A: This Article falls under the Fundamental Rights. Providing education to children

between the age of six to fourteen years by the State was made mandatory though States were

given flexibility (in such manner as the State may, by law, determine).

Article 45: Original Article 45 of the Constitution incorporated the duty of the state to provide

free and compulsory education to all children up to the age of 14 by 1960, as a Directive

Principle. After the substitution, the Provision for early childhood care and education to children

below the age of six years was responsibility of the State.

Article 51A: This article falls under Fundamental Duties. After the Amendment, a clause was

added after clause (J), and the parent and guardian shall have to provide opportunities for child‟s

education from the age of six to fourteen years.

The Amendment made it mandatory on the state to provide education for children between 6-14

years, before the age of six years the State should make provisions for education and

parents/guardians were also taken into the ambit of providing education for children.

3.2 Constitutional Articles / Schedules safeguarding the interest of the child

Various Articles / Schedules in the Constitution of India safeguard the interest of the child.

Among them attention may be invited to the following Articles falling under the Fundamental

Rights and Directive Principles. The provisions in the Constitution of India on Education are

listed in Annexure 9.1 and some of the important provisions are listed below. The provisions on

education are listed in The Fundamental Rights, Directive Principles of State Policy,

Fundamental Duties, The Panchayats, The Municipalities and The Scheduled and Tribal Areas.

i. Article 13 secures the paramountcy of the Constitution in regard to fundamental rights.

ii. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of

birth. But Article 15 (3) states that nothing in this article shall prevent the state from

making any special provisions for women and children.


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Table 2 : Provisions of the Constitution of India having a bearing on Education

Part Title

Article /

Schedule Title

III

Fundamental

Rights

13 Laws inconsistent with or in derogation of the fundamental rights

15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

21A Right to education

[Inserted by the 86th Amendment in December, 2002 and passed by the Parliament in July, 2009.

The provisions of the Act came into force from 1st April, 2010]

28 Freedom as to attendance at religious instruction or religious worship in certain educational

institutions

30 Right of minorities to establish and administer educational institutions

IV

Directive

Principles of State

Policy

37 Application of the principles contained in this Part

38 State to secure a social order for the promotion of welfare of the people

39 Certain principles of policy to be followed by the State

41 Right to work, to education and to public assistance in certain cases

45 Text in force –

Provision for free and compulsory education for children

[Inserted by the 86th Amendment in December, 2002 and passed by the Parliament in July,

2009.The provisions of the Act came into force from 1st April, 2010]

Provision for early childhood care and education to children below the age of six years

46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and

other weaker sections

47 Duty of the State to raise the level of nutrition and the standard of living and to improve public

health

Source: Dept of Higher Education, MHRD, GoI

iii. Article 21 relates to freedom as to attendance at religious instruction or religious worship

in certain educational institution.

iv. Article 30 talks about the right of minorities to establish and administer educational

institutions.

v. According to Article 37, the provisions pertaining to the directive principles of state

policy contained in Part IV of the Constitution "shall not be enforceable by any court, but

the principles therein laid down are nevertheless fundamental in the governance of the

country and it shall be the duty of the state to apply these principles in making laws".

vi. Article 38 relates to secure a social order for the promotion of welfare of the people.


Page | 13

vii. Among the more important directive principles of the state policy, attention may be

invited to Article 39 (e) and (f) which state that the state shall, in particular, direct its

policy towards securing:

viii. “(e) that the health and strength of workers, men and women, and the tender age of

children are not abused and that citizens are not forced by economic necessity to enter a

vocations unsuited to their age or strength;

ix. (f) that children are given opportunities and facilities to develop in a healthy manner and

in conditions of freedom and dignity and that childhood and youth are protected against

exploitation and against moral and material abandonment”.6

x. Article 41 gives the right to work, to education and to public assistance in certain cases.

xi. Article 46 talks about the promotion of right to education and economic interests of the

scheduled castes and scheduled tribe and other weaker section of the society.

xii. Article 47 relates about the duty of the State to raise the level of nutrition and the

standard of living and to improve public health.

xiii. Article 51A relates about the fundamental duties of every citizens of India.

xiv. Article 243 relates about the Powers, authority and responsibilities of Panchayat.

xv. Eleventh Scheduled relates about the Education including primary and secondary

schools, Technical training and vocational education, Adult and non-formal education.

xvi. Article 243Q talks about the Constitution of municipalities.

xvii. Article 243W Powers, authority and responsibilities of Municipalities, etc.

xviii. Twelfth Schedule relates about the promotion of cultural, educational and aesthetic

aspects.

The above mentioned Articles / Schedules directly or indirectly impact Education. Though many

of the above have not been amended since their inclusion in the Constitution, only after

education was declared fundamental right and RTE Act was enforced, can we foresee UEE in

India.

6Article 39 (e) and (f) of the Constitution of India.


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3.3 Supreme Court Judgments on Right to Education

Supreme Court, the Apex Court of India is the guardian protector of Fundamental Rights.

Supreme Court has delivered milestone judgments with regard to Right to Free and Compulsory

Education.

Ms. Mohini Jain v State of Karnataka and others: The Supreme Court observed in Ms. Mohini

Jain v State of Karnataka and others7 that the directive principles which are fundamental in the

governance of the country cannot be isolated from the fundamental rights guaranteed under Part

III of the Constitution. Without making right to education under Article 41 of the Constitution a

reality, the fundamental rights under Chapter III shall remain beyond the reach of the large

majority which is illiterate.

The court further held that 'right to life' is the compendious expression for all rights which the

courts must enforce "because they are basic to the dignified enjoyment of life. The right to

education flows directly from right to life. The right to life under Article 21 and the dignity of an

individual are not being assured unless it is accompanied by the right to education. The state is

under an obligation to make endeavor to provide educational facilities at all levels to its

citizens" The fundamental rights guaranteed under Part III of the Constitution of India including

the right to freedom of speech and expression and other rights under Article 19 cannot be

appreciated and fully enjoyed unless a citizen is educated and is conscious of his individualistic

dignity. The petitioner had challenged the right order of the Government of Karnataka which

permitted the private medical colleges to receive high amount of fees for the purpose of

admission. The Court held that charging a high capitation fee is illegal and cannot be permitted.

Unni Krishnan J P and others v State of Andhra Pradesh and others: It was observed in Unni

Krishnan case8 that Article 21 is the heart of Fundamental Rights. The Supreme Court once

again decided that the right to education flows directly from right to life guaranteed by Article 21

of the Constitution. The court held that "the effect of holding that right to education is implicit in

the right to life is that the state cannot deprive the citizens of his right to education except in

7 Ms. Mohini Jain v State of Karnataka and others, AIR 1992, SC, 1858

8 Unni Krishnan J P and others v State of Andhra Pradesh and others, AIR 1993 SC 2178


Page | 15

accordance with the procedure prescribed by law". The court further held that "the three Articles

45, 46 and 41” are designed to achieve the said goal, among others. It is in the light of these

articles that the content and parameters of the right to education have to be determined. The right

to free education is available only to children until they complete the age of 14 years. Thereafter,

the obligation of the state to provide education is subject to the limits of its economic capacity".

To this extent, the earlier decision of the Supreme Court in Mohini Jain case stood modified.

In Mohini Jain case, the apex court pronounced that directive principles cannot be isolated from

the fundamental rights. In Unni Krishnan case, the Court pronounced that basic education

(education up to the age of 14 years) is a fundamental right of every child. The declarations of

the right to education as a fundamental right, has been further upheld and confirmed by the

eleven-Judge Constitutional Bench of the Supreme Court in 2002 in T.M.A. Pai Foundation v.

State of Karnataka.

Right to education was observed to flow directly from Right to Life (Article 21) which envisages

Protection of Life and Personal liberty. The judgments in the case of Mohini Jain and Unni

Krishnan J P showed the importance of right to education and catalyzed the process of enacting

the Act.


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4. RIGHT TO FREE & COMPULSORY EDUCATION IN INDIA

4.1 Introduction

The emerging knowledge-based economy, characterized by rapid technological changes and

open and competitive economies, has placed education systems all over the world under

tremendous pressure. Economic and social progress in the coming years will clearly depend on

the quality of human resources-well-educated and healthy people capable of adapting to the

knowledge and skill demands of the fast-changing economic scene. The education system in

India is also in the midst of this fluid situation, faced with rising expectations of the people on

the one hand, and the pressures of an economy undergoing structural reforms on the other. The

critical requirement at this point of time is to take a long-term view and initiate strategic

measures, in both policy-making and operational spheres, in order to create an education system.

Having acknowledged the importance of eight years EE, the foundation of the pyramid in the

education system, India first amended its Constitution by inserting Article 21-A in 2002 and then

passed the RTE Act, 2009 in the Parliament.

Table 3: The Right of Children to Free and Compulsory Education Act, 2009 – an Abstract

Chapter Title Contents

1 Preliminary Name of the Act and Definitions

2 Right to Free and Compulsory

Education

Right of child, Special provisions for children

not admitted / completed EE, transfer rights

3 Duties of Appropriate

Government, Local Authority

and Parents

Duties like provision of infrastructure,

teacher‟s training, quality education: Sharing

of financial and other responsibilities

4 Responsibilities of Schools and

Teacher

Extent of school‟s responsibility, no capitation

fee, no corporal punishment, no denial of

admission, school recognition, no denial of

admission, norms and standards for school

5 Curriculum and Compilation of

Elementary Education

Examination and Completion certificate

6 Protection of Right of Children Monitoring, grievance redressal

7 Miscellaneous Power to make rules, issue directions

The Schedule Norms and Standards for a

School

Norms and standards for teaching and

infrastructure Source: Right to Free and Compulsory Education Act 2009


Page | 17

The Table gives a snapshot of the RTE Act, 2009. The Act consists of seven Chapters

accompanied by Schedule. The Act effectively sums-up all actions which are required to achieve

UEE. The Act has been framed keeping holistic view of education, equity, access to all

especially traditionally excluded categories, gender concern, centrality of teacher, moral

compulsion on all stake holders, convergent and integrated system of educational management. It

also provides flexibility for States to modify some norms as per requirement.

The Act lays down minimum norms and standards for all schools, government and private,

through a mandatory Schedule. This includes number of teaching days per year, number of

teaching hours per day, number of rooms, availability of teaching learning materials, library,

toilets, safe drinking water, playground, kitchen for mid-day meals, TPR, subject teachers in

classes VI to VIII, part time art, work and physical instructors and so on.

4.2 Studies conducted on quality of education and the role of communities

Moral compulsion is imposed through the RTE Act on parents, teachers, educational

administrators and other stakeholders. Pre-RTE Act some studies have been conducted to know

the quality of education received by children especially impact of public participation. The study

“Findings from Baseline Surveys in Three Indian States”, assessed public participation, teacher

accountability and school outcomes in states of MP, UP and Karnataka. It was found that at the

end of grade IV only 22% in UP, 33% in MP and 73% in Karnataka could read a simple

sentence. Knowledge in Mathematics was more miserable. Teacher attendance and engagement

in teaching were low in MP and UP and much higher in Karnataka. One basic reason for low

ratings in UP and MP was that the communities were largely uninformed or unprepared or did

not have the capacity to hold teachers‟ accountable.

The scope of the study was further extended and the researchers launched structured campaign

providing information to communities about their oversight roles in schools in Karnataka, MP

and UP. They found a positive impact on process and behaviour outcomes, delivery of inputs to

students, teacher effort and learning outcomes in all three States. Outcomes at baseline were

much higher in Karnataka suggesting greater efficiency in delivery than in MP and UP. The


Page | 18

differences in impact may be due to the differences in the initial conditions and also in the

different decentralization set-ups in different States.

4.3 Sarva Shiksha Abhiyan and RTE

The Sarva Shiksha Abhiyan (“Education for All” movement) was initiated in 2001 for

achievement of Universalisation of Elementary Education (UEE). It is the flagship programme of

GoI. Sarva Shiksha Abhiyan (SSA) is the culmination of all previous endeavors and experiences

in implementing various education programmes. While each of these programmes and projects

had a specific focus – Operation Blackboard on improving physical infrastructure; DPEP on

primary education – SSA has been the single largest holistic programme addressing all aspects of

elementary education. SSA is being implemented in partnership with State Governments to cover

the entire country and address the needs of 192 million children in 1.1 million habitations. SSA

seeks to provide quality elementary education including life skills with special focus on girl‟s

education and children with special needs.

SSA will act as a vehicle for implementing the RTE Act. SSA will assist State governments in

implementation. The funding for RTE will be shared by central government and State

Governments in the ratio 65:35. The provisions under SSA need to be aligned with the legally

mandated norms and standards and free entitlements mandated by the RTE Act.

4.4 Status of Implementation of RTE Act, 2009 in India

SSA has reviewed the implementation of RTE in all the 35 States / UT (Union Territories). The

table below shows the status of implementation of RTE Act, 2009, till mid March 2011. Except

two states where data is not available, almost all states / UTs have initiated the process to make

EE free and compulsory though none have yet implemented RTE Act in totality.

Table 4: Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011

S.

No State State Rules SCPCR

Academic

Authority

8 year

E.E.

cycle

No

Detention

No

Corporal

Punishment

No Board

Examinations

Private tuition,

screening

procedure and

capitation fees

Working days/

Instructional

hours

1 Andaman &

N Island

Central Rules

adopted

Constitution

of REPA in

process

NCERT Yes Yes Yes Yes Instructions not

issued so far.

P.-200/800

U.PP- 20/1000

2 Andhra

Pradesh

Yes

Constitution

of REPA in

SCERT notified In

process

Yes Yes Yes Yes Notified

P-6 hr 35 min


Page | 19

S.

No State State Rules SCPCR

Academic

Authority

8 year

E.E.

cycle

No

Detention

No

Corporal

Punishment

No Board

Examinations

Private tuition,

screening

procedure and

capitation fees

Working days/

Instructional

hours

process UP- 7 hr. 10 min

3 Arunachal

Pradesh

Yes

Constitution

of REPA in

process

SIE notified Yes

Yes

Yes

Yes

Instructions not

issued so far.

Notified

4 Assam In process Yes In process In

Process

Yes Notification

awaited

Notification

awaited

Instructions not

issued so far.

Notification awaited

5 Bihar Draft rules

formulated

Yes SCERT going to

be notified

Yes Yes Yes Yes Yes In process

6 Chandigarh Central Rules

adopted

Constitution

of REPA in

process

Will notify SIE Yes Yes Yes Yes Yes P-235/1175

UPP-235/1175

7 Chhattisgarh Yes

Yes SCERT will be

notified

Yes In

process

Yes In process Instructions not

issued so far.

Notification in

process

8 Dadra &

Nagar

Haveli

- - - - - - - - -

9 Daman &

Diu

In process

Constitution

of REPA in

process

GCERT - - - - Yes 45 working

hours in a week

10 Delhi In process Yes SCERT Yes Yes Yes Yes Yes P-200/800

UPP-220/1000

11 Goa

12 Gujarat In process No GCERT Yes Yes Yes Yes Yes Yet to be issued.

13 Haryana Yes REPA SCERT Yes Yes Yes Yes Yes Primary and U.PP- 220

14 Himachal

Pradesh

In process Constitution

in process

In process Yes Yes Yes Yes Yes Pri.& UPP-228

15 Jammu &

Kashmir

In process Yes No Yes Yes Yes Yes Yes Under consideration

16 Jharkhand In process

No In process Yes Yes Yes Yes Yes 6 hrs for school and

240 days of school in a

year

17 Karnataka In process

No DSERT will be

notified

In

process

In

process

In

process

In

process

Instructions not

issued so far.

Prim- 200/800

UPP-220/1100

18 Kerala No No Not notified No Yes Yes Yes Yes Under consideration

19 Lakshadweep In process

Constitution

of REPA in

process

Department of

Education will be

notified

Yes Yes Yes Yes Yes Yes

20 Madhya

Pradesh

Yes

Yes SCERT Notified

Yes Yes Yes Yes Yes P- 232/800

UP-232/1000

21 Maharashtra In process Yes SCERT Notified In process Yes Yes Yes Yes Yes

22 Manipur Yes

No SCERT and

BoSEM

Yes In

process

In

process

Yes Instructions not

issued so far.

Yet to be

complied

23 Meghalaya No

In process No In

process

In

process

In

process

In process Instructions not

issued so far.

Under process

24 Mizoram In process Yes (REPA) SCERT notified Yes Yes Yes Yes Instructions not

issued so far.

Yes

25 Nagaland In process No SCERT Yes No Yes No Instructions not

issued so far.

Yet to be issued

26 Orissa Yes

Will be made

functional

soon

Director, Teacher

Education &

SCERT

No Yes Yes Yes Instructions not

issued so far.

Not

27 Puducherry In process Constitution No All Yes Yes Yes No Not yet issued

28 Punjab In process

No Dual Academic

Authority(SCERT

& PSEB)

Yes Yes Yes Yes Yes Under consideration

29 Rajasthan Yes

Yes SIERT Yes Yes Yes Yes Instructions not

issued so far.

In process

30 Sikkim Yes Yes SCERT notified Yes Yes Yes Yes Yes Yes

31 Tamil Nadu In process

Constitution

in process

TeacherEducation

Research and

Training

Yes Yes Yes Yes Yes 220/1100

32 Tripura In Process Constitution

in process

SCERT Yes Yes Yes Yes Yes 252/1000

33 Uttar

Pradesh

In Process Constitution

in process

SCERT in process Yes In

process

Yes In process Yes 6 Hours a week

34 Uttarakhand In process

Constitution

in process

SCERT Yes Yes No In process Instructions not

issued so far.

Action yet to be taken

35 West Bengal In process

Constitution

in process

SCERT WBBPE,

WBCROS,WBB

ME and WBBSE

Yes Yes Yes Yes Instructions not

issued so far.

P.- 200/1000

UPP- 220/1100

Source: State Supplementary Appraisal Report 2010


Page | 20

Number of States fulfilling the various requirements

S.

N

o

State State Rules

SCPCR Academic

Authority

8 year

E.E.

cycle

No

detention

No corporal

punishment

No Board

Examinations

Private tuition,

screening

procedure and

capitation fees

Working days/

instructional

hours

1 Completed 9(notified)

+2(central rules

adopted)= 11

11 20(In 3

cases, dual authorities

have been notified)

24 26 27 25 19 13

2 Not

completed

2 7 4 2 1 1 1 14

3 In process 20 15 9 6 5 4 6 0 20

4 Information

not available

2 2 2 3 3 3 3 2 2

Source: State Supplementary Appraisal Report 2010

State Rules: The appropriate Government, may, by notification, make rules, for carrying out the

provisions of RTE act. Two states have adopted the central rules on RTE, 9 States have made

and notified their own rules. Only one-third of the States / UTs have notified rules and the rest

are still in the process of making rules. Foremost for implementation of the Act is to prepare and

notify rules. If States are lagging behind in this stage, then it indicates that they are not aware,

which is not true or they do not have the required skills, which again is debatable or they are not

serious in implementing the Act.

Constitution of NCPCR / SCPCR: The National Commission for Protection of Child Rights

(NCPCR) or State Commission for Protection of Child Rights (SCPCR) is authorized to examine

and review the safeguards for rights provided under the Act, inquire into complaints and

recommend measures for effective implementation of the Act.

NCPCR is the apex monitoring body for implementation of the Act. As part of monitoring, they

have initiated social audits of Government schools under 250 Gram Panchayats across 10 States.

They are also studying how SDMCs can effectively monitor the administration and management

of primary schools under Section 21 of the Act.

Where the SCPCR has not been constituted in the State, a temporary authority i.e., Right to

Education Protection Authority (REPA) should be constituted which has the same powers and

responsibilities as SCPCR. As depicted in the Table, 3 states / UTs have constituted REPA and 8

have constituted SCPCR. Two-thirds of the states are yet to constitute the Commission which

monitor‟s child‟s RTE.


Page | 21

Academic Authority: The Academic Authority will look into the academic matters. The

curriculum and evaluation procedure shall be laid down by the said authority. The Authority has

been notified in twenty States, in three States dual authorities have been notified. Generally

States have notified SCERT (State Council of Research and Training) as the academic authority.

Eight years Elementary Education Cycle: Elementary education of eight years forms the

foundation for future education and to gain better life skills. The States can be grouped into two:

those having seven year EE and those having eight year EE cycle. But now all States need to

follow eight year EE cycle. Two-thirds of the states have adopted eight year cycle.

No Detention policy: No child admitted shall be held back in any class or expelled from school

till the completion of EE in a school. The instructions have been issued by 26 States and 5 States

are in the process of issuing. But child-centered teaching and continuous evaluation are alien to a

system accustomed to eliminating a majority of children by declaring them „fail' sooner or later.

Also, the quality of education a child receives has to be continuously monitored.

No corporal punishment: As per this Act no child shall be subjected to physical punishment or

mental harassment. Whoever contravenes the provision shall be liable according to the

disciplinary action under the service rules applicable to such person. Such instructions have been

notified by 27 States / UTs and 4 are in the process of adopting.

No Board Examinations: No child shall be required to pass any Board examination till

completion of EE. Twenty-five States/UTs have notified the rules. To counteract the ill-effects of

this rule that may lead to decline in educational quality received by the child, the act envisages

for comprehensive and continuous evaluation of child‟s understanding of knowledge and his /

her ability to apply the same.

Private tuitions, Screening procedure and Capitation fees: As per RTE rules, no school or

person shall collect capitation fee and subject the child or his parents to any screening procedure

during admission. Also, teachers are banned from engaging in private tuitions. Instructions on

these rules have been issued by 19 States.


Page | 22

Working days / Instructional hours: The Act has fixed minimum number of working days and

instructional hours in an academic year separately for primary and upper primary classes. For

primary classes (first class to fifth class), a minimum of 200 working days and 800 instructional

hours have been fixed. For upper primary (sixth class to eight class) a minimum of 220 working

days and 1000 instructional hours have been fixed. Notices on these instructions have been

issued by 13 States and 20 are in the process of adopting.

As per DISE Flash Statistics 2009-10, the average working days in all states for all schools is

224. Manipur, Meghalaya, Nagaland and Kerala have less than 200 working days on an average.

The percent of Lower Primary Schools with Less than 200 Working Days (Government & Aided

Managements) is 5.92 %. The percent of Upper Primary Schools/Sections with Less than 220

Working Days (Government & Aided Managements) is 30.28 %. This indicates that more Upper

primary schools have to increase their working hours as compared to primary schools to meet the

minimum requirement.

As can be seen from the above Tables, only three States of Haryana, Madhya Pradesh and

Sikkim have fully adopted the various rules mentioned in the Act. Various States are in different

stages of enforcing RTE Act. Various circulars have been issued to notify the rules. The timing

of issue of circular is also important. Goa government issued circular for not detaining any

students and infact promote them to the next class, after the schools already had declared their

results, in which several students were failed. But no State / UT has implemented the Act even

after completion of one year of RTE act enforcement. To know how many States will actually

implement the Act, one has to wait till the next academic year 2012-13.

Other Provisions in the RTE Act

Reservation of 25% seats in schools: As per the Act, Private unaided and special category

schools shall admit atleast 25% of students from weaker sections and disadvantaged groups. This

provision has been widely challenged. There is pressure on Ministry of HRD as several petitions

are lined up in the Supreme Court by private schools for excluding them from this reservation.

Teacher Pupil Ratio: The schedule of the RTE Act prescribes minimum TPR for classes I to V

as 1:30 and for classes VI to VIII as 1:35. TPR for all States is at 1:33. At primary level it is 1:33


Page | 23

and at upper primary level it is 1:31. But the problem is the disparities across various States. In

Bihar, U.P. and Jharkhand the number of pupils per teacher is 57, 47 and 45 at primary level and

61, 44 and 47 at upper primary level respectively. While allocating resources the status quo in

various States has to be analyzed and accordingly allocation has to be done.

Duties of appropriate authorities: There is a certain overlap and complementarities in

functioning of authorities. However, the appropriate government shall lay down policy, prescribe

curriculum, make arrangements for teacher recruitment and their proper deployment, and make

financial arrangements, and provide technical support. The local authority on the other hand will

ensure the enumeration, admission and attendance of children, school mapping and availability

of neighbourhood schools, and monitoring.

4.5 Challenges with RTE

The main challenge is with respect to the allocated budgets to fructify this act. The Center and

the States have to share the financial responsibility of RTE in the ratio of 65:35. The Finance

Commission has already provisioned `24,000 crore annually and the Center has also made a

provision of `15,000 crore and `21,000 crore in Budget 2010-11 and 2011-12 respectively

towards the same. Going by the RTE and its objective, this budget is considered much lower than

the requirement.

Academic experts are of the opinion that though the budget may have presented an optimistic

picture with an overall increase for allocation to education it does not reflect on the preparedness

of the States with respect to RTE on counts related to finance and infrastructural facilities.

According to experts, RTE Act is a non-starter because of grossly inadequate budgetary

provisions for rolling it country-wide. Although the Expenditure Finance Commission has

suggested a 65:35 Centre-State share, most state governments with huge deficits are demanding

for larger Central assistance. For instance, Uttar Pradesh Government has refused to implement

the Act unless the contribution by the Centre is 90% while a few other State Governments like

West Bengal, Gujarat, Goa and Haryana are demanding for a 75:25 funding pattern.


Page | 24

Now, the next challenge is to implement the 25 percent reservation for disadvantaged and

economically weaker section children, keeping all children in school until class VIII while

reaching acceptable standard learning levels, monitoring private schools‟ recognition,

establishing School Management Committees that function well, and all done with similar

mechanism in all States and Union Territories.

RTE has made it compulsory for all aided and unaided private schools to reserve 25 percent of

total seats in elementary education for disadvantaged and economically weaker section children.

These so called reserved seats, that promise free education, would only give relief from tuition

fees and not from other expenditures – which are quite considerable. The RTE does not consider

the cost of school books, education tools, co-curricular fees, extra tuition needed and fees

demanded in other development activities, which are quite high in good private schools.

To ensure proper school mapping and availability of neighbourhood schools, a GIS (Geographic

Information System) mapping of schooling facilities could assist the appropriate Governments to

understand the geographic dispersal of schools, the distance to schools from the habitations and

the physical barriers, if any, as some State Governments are already doing. This would require

the appropriate Government and the local authority to work in unison.

RTE Act has already made it compulsory for all schools to maintain a student to teacher ratio of

30:1. Various pan-India surveys indicate that currently schools are struggling with a ratio of 50:1

(and some schools with 80:1), not to rule out those schools which are running with just a single

teacher. With many teacher positions vacant, the attainment of such globally-practiced ratios

seems quite challenging. In addition to this an equal amount of untrained teachers are at the

primary level, who have to be trained to match the qualification prescribed by the RTE within

the next five years.

Besides having parameters to measure the inputs to ensure the UEE, there is an unequivocal

requirement for ensuring the quality of the outcomes achieved. Quality of outcomes refers

specifically to the learning levels of the children, the difference which has come about in

retention and survival rates of children, and whether or not the coming about of this act has had

any positive impact on the transition rate of children from primary to upper primary levels.


Page | 25

A direct co-relation needs to be established and strictly monitored periodically as to how input in

terms of infrastructural guarantees, accessibility to neighbourhood schools, availability of

qualified teachers assures the certificate issued on the finishing of eight years of free and

compulsory education actually reflects the enhanced reading and writing skills of the children

between the age of 6 to 14 years.

There is an urgent need to expedite the execution of the provisions of this Act, which is primarily

the responsibility of the central and state governments working alongside local authorities. There

needs to be an in-built mechanism to ensure that the adoption of the provisions of the Act is done

with reference to concrete goals, which can realistically be achieved through inputs being fed

into the system by the means of the RTE Act.


Page | 26

5. RIGHT TO FREE AND COMPULSORY EDUCATION, CRITICAL ANALYSIS IN

KARNATAKA

Karnataka is ranked sixteenth among the 35 States/UTs in EDI. The literacy rate is 75.6 percent

in 20119 as compared to 66.64 percent in 2001 and 56.04 percent in 1991. Literacy rate has

increased over the decades. Significant progress has been achieved in improving the access for

schools in terms of both population and habitation. The State has time and again enforced rules

to improve the education facilities. Even then a quarter of the state‟s population is illiterate after

six decades of framing the constitution. The RTE Act and its implementation in totality can lead

to achieving the goal of Universal Elementary Education (UEE) and Millenium Development

Goals (MDG).

The RTE Act has various provisions for the removal of all barriers to school admission including

financial and procedural ones in order to provide free and compulsory education for all students

in the 6-14 age group. Among others it also focuses on quality education, social responsibility

like quota in private schools, ban on physical punishment and mental harassment, non-detention

and non-expulsion of the student in the elementary grades and the obligation of

5.1 Acts and Rules enforced in Karnataka

RTE Act is not the first of its kind for Karnataka. The State has enforced various Acts and Rules

for achieving the goal of UEE.

5.1.1 The Karnataka Education Act, 1983

The Karnataka Education Act, 198310

came into force in June 1995 with an objective to provide

for better organization, development, discipline and control of the educational institutions in the

State in order to foster the harmonious development of the mental and physical faculties of

students and cultivating a scientific and secular outlook through education; Chapter III of the Act

is on enforcement of compulsory primary education in specified areas. It mentions that any child

who has completed the age of five years shall not be denied admission into the school. No person

9 Census 2011 (provisional)

10 The Karnataka Education Act 1983 (Karnataka Act No 1 of 1995: Amended by Act 8 of 1998 and 13 of 2003)


Page | 27

shall employ a child in a manner which shall prevent the child from attending an approved

school. It also mentions providing free primary education in approved schools. Chapter XIII

deals with ancillary services like provision of meals and refreshments, facilities for recreation

and physical training, guidance and library services to students studying in recognized

educational institutions. It also envisages on constituting State Educational Advisory Council for

advising the Government on matters pertaining to educational policies and programmes.

Though the provisions of this Act were compulsory for approved schools, similar provisions

have been made in RTE Act but enforcement is for all kinds of schools.

5.1.2 The Karnataka Educational Institutions (Regulation of Certain Fees and Donations)

Rules, 1999

This Act had its source in Karnataka Education Act 1983.The objective of the rules was to bring

about transparency and accountability in the matter of collection of notified fees for admission of

students to unaided institutions and to prevent diversion of funds collected for purposes other

than school development. The provision for charging capitation fee for higher education in

private institutions as provided by the Act was challenged in Supreme Court in Mohini Jain v

State of Karnataka which has been discussed earlier.

5.1.3 Karnataka Task Force on Education

An Education Task Force headed by Dr. Raja Ramanna in the year 2000, gave recommendations

for quality improvement in EE. The task force toured the entire state to study the situation. It

underlined the importance of management and community participation for ensuring quality

education. It recommended setting up of SDMCs in all schools to replace village education

committees and school betterment committees (Annexure 9.3). It emphasized passing of

legislation for the establishment and empowerment of SDMCs to ensure community ownership

of the school. The Education Department implemented the recommendation with the assistance

of the Centre for Child and Law, National Law School of India University, Bangalore. Karnataka

has made substantial efforts to decentralize the education to lowest possible level.


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Prioritizing EE has been recommended by various commissions. Expenditure Reforms

Commission constituted by State Government in 2009 also recommends giving greater priority

to social priority sectors like elementary education, while increasing the share of development

expenditure in the budget.

5.2 Literacy in Karnataka

Karnataka has achieved literacy rate of 75.6 % which is marginally higher as compared to all

India average of 74.04 %. This indicates that about a quarter of the population aged 7 years and

above in Karnataka is still illiterate. There are fifteen (out of 30) districts in the State where

literacy rate is lower than the national average. More efforts have to go into reducing regional

disparities.

Table 5: Literacy Rate 2001-2011 for India & Karnataka

Literacy Rate *

2001 2011

India Karnataka India Karnataka

Persons 64.83 66.64 74.04 75.60

Males 75.26 76.10 82.14 82.85

Females 53.67 56.87 65.46 68.13 * literacy rate is the percentage of literates to population aged 7 years and above

Source: Census 2001 and 2011 (provisional)

The female literacy rate is just 68.13% as compared to male literacy rate of 82.85 % though

female literacy has increased from 56.87 % in 2001. The differential between male and female

literacy rates is 14.72 percentage points as compared to 19.23 percentage points in 2001,

indicating that the gender gap is reducing. There are fourteen districts where female literacy is

lower than the national average. The female literacy levels in the North Eastern districts of the

State continue to occupy the last bottom positions. The issues of gender disparities, lower female

literacy rate, poor literacy attainments among women, particularly in rural areas and

marginalized segments have to be addressed immediately.


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5.3 EDI of Karnataka and Districts

Educational Development index (EDI) is computed to know the position of a state vis-à-vis other

states. It shows the extent of development in education related parameters at elementary level.

Among all States and UTs, Puducherry tops EDI (0.813) and Bihar is at the bottom (0.421).

Table 6: EDI – Karnataka’s Position at Primary, Upper Primary and Composite level

Educational Development Index (EDI) of Karnataka

Level Sub-groups

2008-09 2009-10

Index Rank Index Rank

Primary

Access Index & Rank 0.559 14 0.565 14

Infrastructure Index & Rank 0.68 16 0.596 23

Teachers Index & Rank 0.758 12 0.774 12

Outcomes Index & Rank 0.839 3 0.815 4

EDI & Rank 0.693 8 0.569 15

Upper Primary

Access Index & Rank 0.789 5 0.727 8

Infrastructure Index & Rank 0.709 15 0.658 24

Teachers Index & Rank 0.662 22 0.85 13

Outcomes Index & Rank 0.749 10 0.709 10

EDI & Rank 0.723 15 0.743 15

EDI & Rank (Composite Primary &

Upper primary) 0.708 12 0.656 16

Source: DISE Flash Statistics 2009-10, NUEPA

NUEPA and Department of School Education and Literacy (GoI) have computed EDI, separately

for Primary and Upper Primary levels of education and also a composite index for the entire

Elementary education. A set of 21 indicators have been used in computing which are re-grouped

into the four sub-groups, namely Access, Infrastructure, Teachers and Outcome indicators.

The State‟s overall ranking in EDI (composite) has come down from 12th to 16th position. But it

has maintained its EDI rank at the upper primary stage. But the ranking at primary stage has

declined. Among all indices, the State has shown improvement in rank only with regard to

Teachers Index in upper primary stage. The state is in a good position with its performance on

outcome at primary stage (4th

Rank), but infrastructure at upper primary stage is comparatively

poor (24th

Rank).


Page | 30

Only in Outcome Index at primary stage, Karnataka is among Top five. As compared to other

indices, the ranking of Teachers Index is very low. Though the State has made many

interventions in improving educational facilities, EDI reflects that it has to intensify its efforts in

access, infrastructure and teacher parameters to match the performance of better performing

States and UTs.

Karnataka state has also computed EDI on the lines of NUEPA for all the districts (Annexure

9.4). Hassan occupies top position (0.72) and Yadgir occupies the lowest position (0.39). There

exists huge disparity among the 30 districts. There is a need to focus on the development of

education in North Karnataka as all the districts from this region occupy the bottom positions.

NUEPA has successfully developed District Report Cards and School Report Cards of more

than 1.3 million Primary and Upper Primary schools spread over 635 districts across 35 States &

UTs. In addition to quantitative information, the Report Cards also provide qualitative

information and a descriptive report about individual schools. The District Report Card provides

details of every district w.r.t. number of schools, teachers, performance indicators like enrolment

percent, PTR, etc. which will be very useful for Government (Central, State and Local) for

focusing their attention on backward regions while implementing provisions of RTE Act.

EDIs clearly indicate the journey a District/State has to traverse to reach the overall goal of UEE.

A study of the related parameters provide adequate insight for prioritizing interventions and

activities for improving EE in the District/State, as well as monitoring parameters that have low

EDI value.

5.4 Elementary Education in Karnataka

The state has a total of 58,295 primary schools (class I to VII / VIII) and 12,453 high schools

(class VIII to X). There are 26254 lower primary schools (class I to V) and 32041 upper primary

schools (class VI to VII/ VIII) with 74.57 lakh students studying in primary schools and 25.78

lakh studying in high schools in the State11

.

11

Economic Survey of Karnataka, 2010-11 & Planning Programme Monitoring and Statistics Department, GoK


Page | 31

Karnataka has achieved significant progress in improving access to schools in terms of both

population and habitation by opening new primary schools and upgrading upper primary schools.

Upgraded schools were provided with an additional classroom. The State‟s policy is to provide

lower primary school within area of 1 km radius, upper primary school within every 3 km radius

and high school within 5 km radius. The net enrolment ratio during 2009-10 at primary and

upper primary levels is 95.21 and 95.15 respectively.

Providing access and enrolling children to schools is not the end, but ensuring that all children

enrolled to class I continue in the system till they complete the EE. Children drop out of the

system for several reasons, some of which are also embedded in the system. Addition of class

VIII to upper primary schools (all having class VII as terminating class) has been done to arrest

the dropout rate, thereby improving the retention of children in the schools.

5.4.1 Elementary Education and Five Year Plans

More emphasis has been laid out in the Tenth and Eleventh Five Year Plans (FYP) to strengthen

EE. The main targets for the Tenth FYP (2002-2007) were to reduce drop-out rate, have 100 %

enrolment of children, increase access and increase TPR. In the State, a large number of primary

school teachers were recruited, thereby increasing the TPR to 28:1 by the end of Tenth FYP. The

number of children out of school in the age group of 7-14 was 4.02 lakh in 2002 which was

reduced to 0.75 lakh in 2006.

In the Eleventh FYP (2007-12), the main concern has been on improving the quality of school

education. The Eleventh Plan presents a comprehensive strategy for strengthening the education

sector covering all segments of the education pyramid. It is proposed to ensure that 80 percent

students studying in classes I to VIII will master at least 80 percent of competencies prescribed.

It also emphasized reduction in dropout rates to less than 5% at Lower Primary stage (1 to 5) and

less than 10% in Higher Primary stage of education and enhancement of literacy rate to 85

percent by reducing gaps between male and female literacy rates. The target of 85 % literacy rate

has been achieved by ten States and UTs viz., Kerala, Lakshadweep, Mizoram, Tripura, Goa,

Daman & Diu, Puducherry, Chandigarh, NCT of Delhi and Andaman & Nicobar Islands as per

Census 2011 (provisional).


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5.4.2 Major State Interventions

The State of Karnataka has introduced various schemes for UEE. The main objectives of these

schemes are to improve enrolment and attendance, to improve retention rate, to improve

educational level in girl child, to improve child health by increasing the nutritional level and to

enhance their learning abilities.

All the children studying from I to X Standard in Government schools are provided with one set

of free uniform under Vidya Vikasa Scheme. Distribution of free text books has also been taken

up. Free schools bags have also been distributed among students of class I to V in Government

primary schools. Massive mid day meal programme (Akshara Dasoha) covering all students

studying in Government and aided schools from class I to X is being implemented in the State.

Free bicycles have been provided to students who are below poverty line and who have enrolled

for VIII class in Government and aided schools. Non-government fee has also been reimbursed

to students of classes VI and VII.

The State has accorded special significance for the provision of infrastructure facilities under

SSA. The State has made efforts to comply with the national norm for provision of 8 basic

facilities for schools. The State has identified 5 facilities on top priority as most essential for

schools and named them as Pancha Soulabhya These are drinking water, toilets, play grounds,

compound wall and the school building. GoK has allocated `40 crore in Budget 2011-12 for

Pancha Soulabhya.

Many innovative programs have been adopted to bring out of school children to mainstream

under SSA. In habitations which are not served with a regular school, Feeder schools have been

opened. Summer Bridge Course Camps during the summer vacation like Chinnara Angala to

bring the out of school children into the mainstream, 12 Months Residential Bridge Course

(Ashakirana) to prepare the never enrolled children to attend the schools, Special Enrolment

Drive to enroll the eligible children to schools who were never enrolled are conducted. Also

Mobile Schools have been started to provide access to schools for the children in the slums and

Tent schools for children who cannot attend the regular schools. Mid day meal scheme is being

extended to many of these special schools.


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The State has launched various innovative programmes having bearing on the quality of

education for enhancing girl‟s participation and retention in school. Some of the programmes for

speedy removal of gender disparities are National Programme for Educational of Girls at

Elementary Level (NPEGEL), Kasturba Gandhi Balika Vidyalaya (KGBV), Meena Groups and

Adolescence Girl‟s Camps.12

The gender parity index which is 0.94 (94 girls for 100 boys) and

0.93 for classes I to V and classes VI to VIII respectively reveals favorable trend. The State

Government launched one of its vital schemes Bhagyalakshmi during 2006 for empowerment of

the girl child in the society by way of financial assistance. Though promoting girls‟ education is

a priority for the State, however, there is a need for intensifying the efforts.

5.5 RTE Implementation Status

The RTE Act provides a legally enforceable rights framework with certain unambiguous time

lines that Governments must adhere to. The Schedule of the Act provides a three year window

for creating and developing the infrastructure as well as availability of teachers. Similarly, a five

year timeline has been set for ensuring that all teachers are professionally qualified. All quality

interventions and other provisions shall commence with immediate effect from date of effect of

RTE Act.

The Act covers all types of schools i.e., government, private aided, private unaided and schools

belonging to specified category. For the minority institutions protected under Articles 29 and 30

of the Constitution, the RTE Act shall not come in the way of their continuance or the rights of

children in such institutions.

State RTE Rules: The state has modified model RTE rules prescribed by the centre and five

drafts were prepared and circulated among all for feedback and suggestions. The final version

has been submitted for approval. These rules provide complete details on how to implement the

Act. After the RTE rules are notified the State has to form State Advisory Council to advise the

Government on effective implementation of the provisions of the Act.

School Management Committees: The Act (sections 21 and 22), prescribes constitution of

School Management Committees (SMCs) whose main function is to prepare school development 12

Economic Survey 2009-10 & 2010-11, PPMS Department, Government of Karnataka


Page | 34

plan and monitor working of school and utilization of funds. Karnataka already has School

Development Monitoring Committees (SDMCs) which were set up on the recommendation of

the Karnataka Task Force on school education, 2001, to oversee the efficient management of

schools. As the SDMCs are already performing functions similar to SMCs, the State will retain

them. The State Government has to ensure that SDMCs are enabled to function in an effective

manner as the effective implementations of various provisions, specified in the RTE Act rests

with these Committees and the school heads.

Teacher Pupil Ratio (TPR): TPR is an important indicator to describe the quality of education

received in any education unit. The TPR ratio for the State is 1:22.85 for EE. As part of

government policy of providing a teacher to each class, additional posts of teachers are being

created every year since 1993-94. But variations in TPR are observed across districts and

schools. In schools of Education Department the ratio is 1:25.2, whereas, for aided schools it is

1:42. Lower the ratio the lesser is the focus received by individual pupil and raises concern over

the quality of education received. The State has to adopt rational teacher deployment policy in all

schools to correct such imbalances.

Out Of School Children (OOSC): As per the Act, the children in age group of 6-14 who are not

going to school (never enrolled or drop-outs) will have to be identified, given special training so

that they would be brought at par with the other students. They have to be admitted in age

appropriate class in regular schools, and they would have a right to complete elementary

education even after crossing age 14. The State conducted a comprehensive household child

census survey in December 2008, which estimated 35,637 OOSC from a total of 66,26,413

children in the age group of 7-14 years. The number of OOSC is showing a decreasing trend over

the years. As per the survey, three out of every five OOSC is an SC/ST or a minority. The eight

districts in the North Eastern Karnataka region account for 53.52 % of the OOSC in the State.

The children are being mainstreamed through various programmes like enrolment drive, Feeder

schools, etc. Though OOSC is just 0.54 % of the total eligible children, the State has to intensify

its efforts especially in the North Eastern region to ensure zero percent OOSC.

Reservation for disadvantaged and weaker sections: A major RTE provision pending

implementation in the State is the neighborhood concept under which private schools will have


Page | 35

to earmark 25% of their seats for children from economically weaker sections in their vicinity

with funding from the State Government. Implementing this provision alone requires substantial

funding. Many private schools have opposed this reservation policy. But some schools like

St.Anne‟s School, Sujaya School, the Samhita Academy and Poorna School are on the opposite

end of the spectrum. They have already integrated such children in their campuses by applying

innovative strategies. Fees from privileged students are used for providing full and partial

scholarships and free accommodation in the school hostels for such students; parents provide old

text books of their children, sponsor school trip, etc. Even though children are provided

mandatory reservation by the RTE Act, they may be discriminated. Only by pursuing strategies

similar to these model schools, the children can be integrated in the system.

Recognition of Schools: As per RTE Act all schools should be recognized before they start

operations. That is they should get government approval by meeting minimum standards on

infrastructure and teaching staff. Before the RTE Act, the schools could get recognized along the

way. This Act has tightened the minimum criteria. Further, it has given deadline to meet the

criteria within three years of enforcement of RTE Act (March 2013) or face closure. It is

estimated that about 19% of all schools in India including Karnataka are facing similar existence

crisis.

Other provisions in the Act: The States have to constitute SCPCR or REPA for protection of

child rights through grievance redressal and monitoring. Karnataka has constituted KCPCR

(Karnataka Commission for Protection of Child Rights) to monitor the effective implementation

of the rights. The KCPCR has to outline the parameters that have to be monitored and factor in

on bringing effectiveness in grievance redressal.

It is the duty of the parents/guardians as per Section (10) of the Act to ensure that their

children/wards go to schools. This implies that SDMC members, local authorities and

community at large must persuade reluctant parents/guardians to fulfill their duty. The Act

prohibits teachers from private teaching activity (section 28). This prohibition is only for

teachers in EE and the Act says nothing about private tuitions conducted by other persons /

organizations.


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As per section 30, till the completion of EE, there shall be no Board Exams. GoK has already

banned (Annexure 9.5) Board Exams (which were conducted for class VII) from the academic

year 2003-04. The Act (section 16) also prohibits detention in any class or expulsion from school

until the completion of EE. Penalties and disciplinary action have also been specified for those

who contravene the Rules.

The State Government has issued many notifications to make provisions of various sections

provided in the RTE Act. It is in the process of notifying some more provisions. But the Act as

such has not yet been implemented.

5.6 RTE and Budget

The financial requirements for implementing RTE have been estimated by various committees

and organizations. NUEPA (2009) had estimated the requirement under RTE as `171,000 crore

over the five years from 2010-11 to 2014-15. Revised estimates after factoring teachers‟ salaries,

however, showed that implementation of the Act would cost the Centre a staggering `231,000

crore. Out of this, Finance Commission's allocation of `24,000 crore will be annually allocated

to State Governments. The remaining `207,000 crore will be shared by the Centre and the states

based on a 65:35 formula which indicates that annual requirement to be approximately `41,400

crore.

For the year 2011-12, budget proposed for Ministry of HRD is `52,060 crore though HRD had

requirement of `80,000 crore. For Department of School Education and Literacy it is `38,957

crore, of which `21,000 crore (including `1,912 crore earmarked for NE region) is for SSA-

RTE. In 2010-11 BE, `15000 crore was allocated for SSA13

. The allocation of `21,000/- crore

will be shared between SSA and RTE, but the requirement for the later alone is about `41,400

crore.

The funding pattern during Eleventh Plan for first year was 65:35 which gradually reduced

annually and for the last year of the Plan it was to be on 50:50 basis between Centre and the

States/UTs. However, with the operationalization of RTE Act, the funding pattern between the

Centre and the States in respect of RTE-SSA programme for the period 2010-11 to 2014-15 has

13

Union Budget 2011-12


Page | 37

been revised as 65:35 for States/UTs, retaining the existing funding pattern of 90:10 for NE

States. The State Budget 2011-12 for EE is `1,195 crore. The amount allocated for SSA is

`133.5 crore which was `130 crore in 2010-11 BE14

. Various states are demanding more funds

from the Centre for implementing RTE Act. Also, the Budget allocation in 2010-11 and 2011-12

is considered inadequate to meet the requirements for implementing RTE.

5.7 Challenges for Karnataka

Adequate measures have to be taken up immediately for bridging the regional, social and gender

gaps at all levels of education. The available statistical data like DISE data, Census 2011, can be

used for identifying the existing gaps. For example, NE districts occupy bottom positions in EDI.

After identifying the gap, the next steps involve formulating strategies, effective implementation

and monitoring.

For meeting the infrastructure requirements of new and existing schools within the defined

timelines, sufficient numbers of technically qualified staff will need to be put in place at block,

district and State level for assisting the SDMCs with technical drawings and estimates and for

quality supervision. A design cell in the civil works unit at the State and district level is essential

for Whole school development plan.

One of the main reasons for not implementing the RTE Act by States/UTs is the requirement of

more funds. Another aspect that requires consideration is effective utilization of funds. How the

funds will be allocated across various functionaries, the purposes for which money can be

utilized, monitoring tools for proper usage of funds have to be delineated.

The State has to give priority for developing and implementing monitoring systems to measure

quality related outcomes, such as students learning outcomes, teacher performance, etc. Whether

the implementation of RTE Act has led to favourable outcomes like increased literacy rate,

higher EDI value, etc can also be measured to know the impact.

Providing EE to children of 6-14 years age group requires provision of proper pre-school

education for children between 3-6 years. Also, for those who acquire EE, ample opportunities

14

Karnataka State Budget 2011-12


Page | 38

should be provided for completing secondary and higher education. The State should realize that

implementation of RTE Act is a continuous process having long term implications and develop

proper mechanisms so that it does not become redundant with time.

Education is a State subject. The RTE Act has laid down general rules on which the State has to

elaborate by including specific details. For example it is for the State Government to prescribe

the size of the playground. Most schools in the urban area may not be able to meet the criteria

due to non-availability or high prices of land. This is one of the reasons for States‟ forming their

own RTE Rules on the model rules laid down in RTE Act.


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6. SUGGESTIONS

The Right to Free and Compulsory Education Act 2009 which was passed in the Parliament

became effective on April 1, 2010. Even after completion of its first anniversary, it is found that

the implementation of the Act is a non-starter. Government of Karnataka should take all

measures for providing free and compulsory education for children as per RTE Act 2009.

Following suggestions have been made for successful implementation of the Act:

1. RTE Rules for Karnataka which govern implementation of the Act have to be notified.

2. To have a clear and definite plan of action for effective implementation of the Act.

3. Allocation of fund requirement for effective implementation of free and compulsory

education as per the RTE Act 2009 should be estimated by the Department. This

allocation of funds may be planned in different phases. The funding sources, strategies to

be adopted for implementation of the Act may also be explored by the Department.

4. The facilities or benefits may it be infrastructure (school building, playground, rooms etc),

teachers, resource materials, grants to schools should be according to requirements

obtained from the implementation level.

5. The authorities should see that all children are treated equally irrespective of their religion,

race, etc. Karnataka Commission for Protection of Child Rights (KCPCR), may examine

and review the safeguards for the rights of the child and Education Department to co-

ordinate with KCPCR.

6. Quality of education should be the main concern and the academic institutions like

DSERT and Textbook society should play a vital role in designing of curriculum, syllabus,

training of teachers, designing textbooks and making it available to students in time.

7. Co-ordinating with various Government Departments for effective implementation of

government programmes and avoid duplication of beneficiaries, fund utilization etc.

8. Girl children should be paid special attention. They should be encouraged and motivated.

Good facilities have to be provided like separate toilets, hostels, etc.

9. Existing monitoring system may be streamlined and a comprehensive monitoring system

that looks into academics and administration should be designed.


Page | 40

10. Awareness programmes on RTE Act/rules should be taken up for Teachers/Parents/

Guardians/SDMCs/CACs for sending their children/ wards to schools. Community based

NGOs may be involved to take up such programmes.

11. Distance mode (SIRD) may be explored to create awareness on the importance of the RTE

act 2009 / rules among the local authorities.

12. Teachers who play a vital role in shaping a child‟s future should be motivated. Special

incentives should be given to them for serving in rural areas. Their skills should be

constantly upgraded by providing training. Training should be given to teachers to help

attain Mastery in their subjects. This can be achieved by training them with with subject-

enrichment programmes.

13. Department should have a comprehensive data base of teachers and recruitment of

teachers to be planned as and when the vacancy of teachers arises.

14. Workshops have to be conducted regularly for initial period, say, three years with various

officials and functionaries at district and block level along with representatives from

Government and Private Schools on awareness about the rules, implementation and

monitoring of RTE Act.

15. The Act does not account for the outcome achieved and end-result aimed to be achieved

through this legislation. More importance should be given for achieving qualitative rise in

the learning level of the targeted children. The outcome needs to be ascertained in terms of

the minimum learning level that we aim to achieve for the targeted children at the end of

the eight years of elementary education; the rise in survival and retention rates of the

children at the primary and the upper primary levels; the increase in the national transition

rate of children from primary to upper primary levels, which can realistically be achieved

through inputs being fed into the system by the means of the RTE Act.

16. For improving learning, we need to focus on the characteristics of schools. Thus,

improvements in learning can be achieved by designing appropriate policies for

motivating teachers and also parents to improve their parenting and oversight practices.

17. The Act envisages continuous evaluation of children, the strategies for achieving this may

be taken up by DSERT at the State level supported by DIETs, Block Resource Centres

and Cluster Resource Centres. This has to ensure in improving the quality of education in

both teacher and the child.


Page | 41

18. There is a need for the formation of urban and rural co-coordinator along with district co-

coordinators in every State. The functions of RTE trickle down from Centre to State to

local authorities to SMC and school heads. The Act specifies the functionaries at Central

and State level like NCPCR, SCPCR, National and State advisory Councils. There is a

need to coordinate the efforts of separate functionaries for effective implementation.

19. In view of the demands of rapidly changing technology and the growth of knowledge

economy, a mere eight years of elementary education would be grossly inadequate for our

young children to acquire necessary skills to compete in the job market. Therefore, a

Mission for Secondary Education is essential to consolidate the gains and to move forward

in establishing a knowledge society. Strategy for future should include resolving problems

in the higher education sector, where there is a need to expand the system and also to

improve quality. It is also desirable to create a pre-school component attached to all the

existing primary schools


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7. CONCLUSION

Education is a key to economic development and the enjoyment of many other human rights.

Education provides a means through which all people can become aware of their rights and

responsibilities, which is an essential tool for achieving the goals of equality and peace.

Half a century after the Constitution of India directed the States (Concurrent list) to ensure free

and compulsory education for every child aged 0-14 in the republic, followed by the Millennium

Declaration of United Nations and amendment of the Constitution in 2002, the Right to Free and

Compulsory Education Act, 2009 was unanimously passed by Parliament in August 2009 and

became effective from April 1, 2010.

We are yet to get the Act off the ground; State Rules which govern the implementation of the Act

have been notified by very few States. There is shortage/excess of teachers in places; basic

facilities like toilets, drinking water are also not available in required number. One of the major

issue is inadequate budgetary provisions and the debate of who (Centre or the State) should bear

a larger share.

The Right to Education does not limit education to the primary or the first stage of basic

education, or among children of a particular age group. The Right to Education is also not an end

to itself, but an important tool to acquire basic human skills thus improving the quality of life.

The RTE Act mandates several substantive reforms that are systemic in nature. States/UTs would

need to issue appropriate rules and government orders for implementing the entire gamut of

provisions. The biggest challenge is to have an integrated approach to synthesize and integrate

the wide variety of provisions, strategies and interventions.


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8. BIBLIOGRAPHY

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Political Weekly December 15, 2001

2. Arun Mehta “Elementary Education In India”, Analytical Report 2006-07 and 2007-08,

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3. Tooley, James,“The Global Education Industry”, 2nd edition, Institute for Economic

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4. Mohammad NiazA sadullah and Nazmul Chaudhury, “Madrasas and NGOs:

Complements or Substitutes? Non-State Providers and Growth in Female Education in

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5. Felipe Barrera-Osorio1,“The Impact of Private Provision of Public Education: Empirical

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6. B.C. Mehta &KrantiKapoor, “Implementing Right To Education Act”, 07 March, 2010.

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8. The Indian Express, June 16, 1998.

9. Kaul, Rekha, “Caste, Class and Education: The Politics of the Capitation Fee

Phenomenon”, Sage Publications, New Delhi, 1993.

10. Bhatty, Kiron, “Educational Deprivation in India: A Survey of Field Studies”, Economic

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11. 1996 estimates of the Department of Public Instruction, Government of Karnataka.

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Education in South Asia”, ASPBAE, UNESCO- PROAP, New Delhi, 1998.

13. Swaminanthan, Mina :“Where have All the Children Gone?”, The Hindu, November 14,

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14. J.N. Panday, “Constitutional Law of India”, 24th

edition, Allahabad publication.


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15. Vijay Rai Naredra Kumar, “Right to Education The Way Forward”, published by Perfect

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16. Government of Karnataka, Economic Survey 2009-2010 & 2010-11, Planning

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17. World education report 2000.

18. United Nations Literacy Decade (2003-2012)

19. Fifty fifth meeting of the Central Advisory Board of Education, retrieved on 07.03.2010,

http://planipolis.iiep.unesco.org/upload/India/India_CabeAgenda100209.pdf

20. India Right to Education, retrieved on 07.03.2010, http://righttoeducation.in/

21. Sarva shikshana Abhiyana, Human Resource Department, retrieved on 07.03.2010,

http://ssa.nic.in

22. The draft rules of Karnataka to implement Right to free and Compulsory Education, Act,

2009, retrieved on 07.03.2011, http://www.edukar.gov.in/SSA/pdfdocs/rtedraftrules.pdf

23. Education in Karnataka State, 2009-10, A District-wise Analytical Report, SSA, retrieved

on 23.06.2011, http://ssakarnataka.gov.in/pdfs/data/AR_Report_2009-10.pdf

24. DISE Flash statistics, 2009-10, retrieved on 30.05.2011

25. Census 2001 and 2011 (provisional) data

26. Union Budget Document 2011-12.

27. Karnataka State Budget Document 2011-12.

http://righttoeducation.in/

http://ssa.nic.in/

http://www.edukar.gov.in/SSA/pdfdocs/rtedraftrules.pdf

http://ssakarnataka.gov.in/pdfs/data/AR_Report_2009-10.pdf


Page | 45

9. ANNEXURES

Annexure 9.1 – Provisions of the Constitution of India having a bearing on Education

Part Title Article /

Schedule Title

III

Fundamental Rights

13 Laws inconsistent with or in derogation of the fundamental rights

15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of

birth

21A Right to education

[Inserted by the 86th Amendment in December, 2002 and passed by the

Parliament in July, 2009. The provisions of the Act came into force from 1st

April, 2010]

28 Freedom as to attendance at religious instruction or religious worship in certain

educational institutions

30 Right of minorities to establish and administer educational institutions

IV

Directive Principles of

State Policy

37 Application of the principles contained in this Part

38 State to secure a social order for the promotion of welfare of the people

39 Certain principles of policy to be followed by the State

41 Right to work, to education and to public assistance in certain cases

45 Text in force –

Provision for free and compulsory education for children

[Inserted by the 86th Amendment in December, 2002 and passed by the

Parliament in July, 2009. The provisions of the Act came into force from 1st

April, 2010]

Provision for early childhood care and education to children below the age of six

years

46 Promotion of educational and economic interests of Scheduled Castes, Scheduled

Tribes and other weaker sections

47 Duty of the State to raise the level of nutrition and the standard of living and to

improve public health

IV A Fundamental Duties 51A Fundamental Duties

IX

The Panchayats

243B Constitution of Panchayats

243G Powers, authority and responsibilities of Panchayat

Eleventh

Schedule

(17) Education including primary and secondary schools

(18) Technical training and vocational education

(19) Adult and non-formal education

IX A

The Municipalities

243Q Constitution of Municipalities

243W Powers, authority and responsibilities of Municipalities, etc.

Twelfth

Schedule (13) Promotion of cultural, educational and aesthetic aspects

http://www.education.nic.in/articles/article243B.htm

http://www.education.nic.in/articles/article243G.htm

http://www.education.nic.in/articles/eleventhsch.htm

http://www.education.nic.in/articles/eleventhsch.htm


Page | 46

X

The Scheduled and

Tribal Areas

244 Administration of Scheduled Areas and Tribal Areas

Fifth

Schedule Provisions as to the Administration and Control of Scheduled Areas and

Scheduled Tribes

Sixth

Schedule Provisions as to the administration of tribal areas in the States of Assam,

Meghalaya, Tripura and Mizoram

XI

Relations between

the Union and the

States

246 Subject-matter of laws made by Parliament and by the Legislatures of States

Seventh

Schedule List I – Union List

List II – State List

List III – Concurrent List

254 Inconsistency between laws made by Parliament and laws made by the

Legislatures of States

XVII

Official Language

344 Commission and Committee of Parliament on official language

Eighth

Schedule Languages

350A Facilities for instruction in mother-tongue at primary stage

351 Directive for development of the Hindi language

XXI

Temporary,

Transitional and

Special Provisions

371 E Establishment of Central University in Andhra Pradesh


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Annexure 9.2 – The Constitution (Eighty-Sixth Amendment) Act, 2002 (12th December, 2002)


Page | 48


Page | 49

Annexure 9.3 – Karnataka Task Force on Education Recommendation on SDMCs


Page | 50

Annexure 9.4 – District-wise EDI of Karnataka for 2009-10

Source: Economic Survey of Karnataka 2010-11, PPMSD


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Annexure 9.5 – Circular of GoK banning Class VII public exam


Page | 52


Page | 53

Annexure 9.6 – The Right of Children to Free and Compulsory Education Act, 2009


Page | 54


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Page | 56


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CHALLENGES IN IMPLEMENTATION OF RIGHT TO … · FISCAL POLICY INSTITUTE PROJECT REPORT CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009 A Critical