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Chapter 3

HUMAN RIGHTS AND EDUCATION

RIGHT TO EDUCATION: INTERNATIONAL MECHANISM

Education is a human right which ought to be accessible to everyone, without any

discrimination. All children must be able to go to school, and thereby benefit from the

same opportunities to build a future. Additionally, educational instruction must be equally

gratuitous so that children from disadvantaged environments will be able to enjoy their

right to an education. Beyond the question of accessibility, the right to an education also

supposes that the objectives of learning will be attained. This means that all children have

the right to benefit from a quality education adapted to their needs. Moreover, professors

must be trained in techniques of teaching which combine pedagogy and play for the

purpose of arousing children’s interest. It is the responsibility of countries to guarantee

each child’s right to an education. They must focus their efforts on primary instruction so

as to make schools accessible and free for all children and thus enable them to learn to read

and write.

The human rights rationale for compulsory education provides useful guidance as it

merges otherwise dissociated strategies and sectors. Initially in world parameter there is

rarely a ministry dealing with children (Tomasevski, 2003). The law on education

substantively differ from labour law; while the development or poverty eradication

strategies may follow an approach different from both. It is useful to recall the economic

rationale behind the linkage between education and child labour. It constitutes one of the

oldest parts of the international human rights law and emerged therein because of its sound

economic rationale. The International Labour Organization linked the age for competition

of compulsory education and minimum age for employment in 1921. The ILO Convention

no. 10 prohibited employment which prejudices children’s school attendance and set

minimum age for employment at 14 years. The ILO Convention on Minimum Age for

Employment obliges all states that become party to set such minimum age officially.

According to Tomasevski (2003) the idea of free education and compulsory education are

linked, that education should be made free that it could be compulsory, has fallen into

oblivion. Education is a fundamental human right and essential for the exercise of all other

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human rights. It promotes individual freedom and empowerment and yields important

development benefits. Yet millions of children and adults remain deprived of educational

opportunities, many as a result of poverty. Normative instruments of the United Nations

and UNESCO (United Nation Economic and Social Council Organization) lay down

international legal obligations for the right to education. These instruments promote and

develop the right of every person to enjoy access to education of good quality, without

discrimination or exclusion. These instruments bear witness to the great importance that

Member States and the international community attach to normative action for realizing

the right to education. It is for governments to fulfil their obligations both legal and

political in regard to providing education for all of good quality and to implement and

monitor more effectively education strategies. Education is a powerful tool by which

economically and socially marginalized adults and children can lift themselves out of

poverty and participate fully as citizens. 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. 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. Parents have a prior right to

choose the kind of education that shall be given to their children. Somehow and some

where these concepts of right to education with its implementation part according to the

UN guidelines are being violated. The main causes of these violations of right to education

are lack of knowledge, lack of appropriate awareness about the fundamental right, lack of

dignity of women in the society etc. Especially the women counterpart of the Schedule

Tribe are lacking behind due to their illiteracy. They are neglected in every sphere.

This has since been affirmed in numerous global human rights treaties, including

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

Convention against Discrimination in Education (1960), the International Covenant on

Economic, Social and Cultural Rights (1966) and the Convention on the Elimination of All

Forms of Discrimination against Women (1981). These treaties establish an entitlement to

free, compulsory primary education for all children; an obligation to develop secondary

education, supported by measures to render it accessible to all children, as well as

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equitable access to higher education; and a responsibility to provide basic education for

individuals who have not completed primary education. Furthermore, they affirm that the

aim of education is to promote personal development, strengthen respect for human rights

and freedoms, enable individuals to participate effectively in a free society, and promote

understanding, friendship and tolerance. The right to education has long been recognized

as encompassing not only access to educational provision, but also the obligation to

eliminate discrimination at all levels of the educational system, to set minimum standards

and to improve quality. In addition, education is necessary for the fulfilment of any other

civil, political, economic or social right.

Normative framework

The importance of the right to education is such that, according to the United Nations’

Committee on Economic, Social and Cultural Rights (CESCR), it “epitomizes the

indivisibility and interdependence of all human rights”(Committee on Economic, Social

and Cultural Rights, General Comment 11, Plans of action for primary education

(Twentieth session, 1999). The right to education is asserted in numerous international

treaties and texts of varying legal nature, and it has been affirmed by both legally binding

and non-binding instruments.

The first international normative instrument on the right to education is the 1960

UNESCO Convention against Discrimination in Education (CADE), which, in addition to

discrimination, addresses equality of opportunity, access to free primary education and the

rights of minority groups. Article 4 of the CADE not only formulates the legally binding

clause, but also sanctions the following duties and actions for States Parties to implement:

i. Make primary education free and compulsory;

ii. Make secondary education in its different forms generally available and accessible

to all;

iii. Make higher education equally accessible to all on the basis of individual capacity;

iv. Assure compliance by all with the obligation to attend school as prescribed by law;

v. Ensure that the standards of education (Outcomes, processes, structure, content) are

equivalent in all public educational institutions of the same level, and that the

conditions relating to the quality of the education provided are also equivalent;

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vi. Encourage and intensify by appropriate methods the education of persons who have

not received any primary education or who have not completed the entire primary

education course and the continuation of their education on the basis of

individual capacity;

vii. Provide training for the teaching profession without discrimination.

Article 5(1) (a) of the CADE adds that 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 (Regarding the issue of human rights education, OHCHR and

UNESCO developed a Self-assessment Guide for Governments).

UNESCO and the Right to Education

The right to education has been firmly enshrined in every major human rights treaty since

the Universal Declaration of Human Rights in 1948. These treaties are international,

customary law, and every country in the world has become party to at least one of them.

With currently more than 100 million children not attending school – most of them girls –

the world continues to face a great challenge. At the World Education Forum in Dakar,

Senegal, in April 2000, 164 governments rose to this challenge and reaffirmed the right to

education as the fundamental principle of Education for All (EFA). The EFA process, with

UNESCO as the lead agency, aims to ensure access to free and compulsory good-quality

primary education by 2015, achieve gender equality in education, and improve levels of

literacy and all aspects of the quality of education, from early childhood care to the life

skills of youth and adults. In September 2000, the United Nations Millennium Declaration

(MD) reaffirmed this pledge to achieve universal primary education, and to promote

gender equality and empowerment of women through education by 2015.

Both the EFA and MD frameworks are fundamentally rights based and, together

with the legal treaties, form a powerful set of instruments to ensure the right of everyone to

education. Joining hands with the rest of the United Nations family and other partners,

UNESCO leads the international co-ordination of the EFA process, advises and assists

Member States in embedding the right to education in national legislation, educational

policies and plans, and in core areas such as teacher training and curriculum development.

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UNESCO is mandated to work with education in its many aspects, and places the language

of rights at the very heart of its efforts, with emphasis on inclusion, lifelong learning and

non-discrimination.

Principal instruments on the right to education

• Universal Declaration of Human Rights, 1948;

• UNESCO Convention against Discrimination in Education, 1960;

• International Convention on the Elimination of All Forms of Racial

Discrimination, 1965;

• International Covenant on Economic, Social and Cultural Rights, 1966;

• International Covenant on Civil and Political Rights, 1966;

• ILO Convention on the Minimum Age of Employment, 1973;

• Convention on the Elimination of All forms of Discrimination against Women,

1979;

• Convention on the Rights of the Child, 1989;

• ILO Convention concerning Indigenous and Tribal Peoples, 1989;

• UNESCO Convention on Technical and Vocational Education, 1989;

• International Convention on the Protection of the Rights of All Migrant Workers

and Members of Their Families, 1990;

• ILO Convention on the Worst Forms of Child Labour, 1999.

International Covenant on Economic, Social and Cultural Rights

Furthermore, the International Covenant on Economic, Social and Cultural Rights

(ICESCR, 1966) is a cornerstone for the international protection of human rights. India

acceded to this Convention on 10 April 1979. The ICESCR is, after the CADE, one of the

most comprehensive texts on the right to education, and reiterates CADE’s main

provisions, especially in its Articles 13 and 14.The first paragraph of Article 13 refers to

educational aims while the second paragraph lays out obligations by which the State must

abide with at all levels of education, primary, secondary and post-secondary (or higher). It

also makes reference to literacy, scholarships, and the conditions of teaching staff.

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Article 13

1. The States Parties to the present Covenant recognize the right of everyone to

education. They agree that education shall be directed to the full development of the

human personality and the sense of its dignity, and shall strengthen the respect for

human rights and fundamental freedoms. They further agree that education shall

enable all persons to participate effectively in a free society, promote understanding,

tolerance and friendship among all nations and all racial, ethnic or religious groups,

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

2. The States Parties to the present Covenant recognize that, with a view to achieving

the full realization of this right:

a. Primary education shall be compulsory and available free to all;

b. Secondary education in its different forms, including technical and vocational

secondary education, shall be made generally available and accessible to all by

every appropriate means, and in particular by the progressive introduction of

free education;

c. Higher education shall be made equally accessible to all, on the basis of

capacity, by every appropriate means, and in particular by the progressive

introduction of free education;

d. Fundamental education shall be encouraged or intensified as far as possible for

those persons who have not received or completed the whole period of their

primary education;

e. The development of a system of schools at all levels shall be actively pursued,

an adequate fellowship system shall be established, and the material conditions

of teaching staff shall be continuously improved[…] Paragraphs 3 and 4

address the freedom of choice in education. They establish the right of parents

to choose an alternative school (as opposed to a public one), as well as the right

of individuals to establish and direct educational institutions.

Article 14 of the Covenant is entirely dedicated to primary education. The 1966

International Covenant on Civil and Political Rights also evokes the right to education

within the broader context of freedom of thought, conscience and religion. Article 18.4

states that, ‘States Parties to the present Covenant undertake to have respect for the liberty

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of parents and, when applicable, legal guardians to ensure the religious and moral

education of their children inconformity with their own convictions’.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not

been able to secure in its metropolitan territory or other territories under its jurisdiction

compulsory primary education, free of charge, undertakes, within two years, to work out

and adopt a detailed plan of action for the progressive implementation, within a reasonable

number of years, to be fixed in the plan, of the principle of compulsory education free of

charge for all.

Article 14 of the International Covenant on Economic, Social and Cultural Rights

requires each State party which has not been able to secure primary education, free of

charge, to undertake, within two years, to work out and adopt a detailed plan of action for

the progressive implementation, within a reasonable number of years, to be fixed in the

plan, of the principle of compulsory primary education free of charge for all. In spite of the

obligations undertaken in accordance with article 14, a number of States parties have

neither drafted nor implemented a plan of action for free and compulsory primary

education.

The right to education, recognized in articles 13 and 14 of the Covenant, as well as

in a variety of other international treaties, such as the Convention on the Rights of the

Child and the Convention on the Elimination of All Forms of Discrimination against

Women, is of vital importance. It has been variously classified as an economic right, a

social right and a cultural right. It is all of these. It is also, in many ways, a civil right and a

political right, since it is central to the full and effective realization of those rights as well.

In this respect, the right to education epitomizes the indivisibility and interdependence of

all human rights.

In line with its clear and unequivocal obligation under article 14, every State party

is under a duty to present to the Committee a plan of action drawn up along the lines

specified in paragraph 8 below. This obligation needs to be scrupulously observed in view

of the fact that in developing countries, 130 million children of school age are currently

estimated to be without access to primary education, of which about two thirds are girls.

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The Committee is fully aware that many diverse factors have made it difficult for States

parties to fulfil their obligation to provide a plan of action. For example, the structural

adjustment programmes that began in the 1970s, the debt crises that followed in the 1980s

and the financial crises of the late 1990s, as well as other factors, have greatly exacerbated

the extent to which the right to primary education is being denied. These difficulties,

however, cannot relieve States parties of their obligation to adopt and submit a plan of

action to the Committee, as provided for in article 14 of the Covenant.

Plans of action prepared by States parties to the Covenant in accordance with

article 14 are especially important as the work of the Committee has shown that the lack of

educational opportunities for children often reinforces their subjection to various other

human rights violations. For instance these children, who may live in abject poverty and

not lead healthy lives, are particularly vulnerable to forced labour and other forms of

exploitation. Moreover, there is a direct correlation between, for example, primary school

enrolment levels for girls and major reductions in child marriages. Article 14 contains a

number of elements which warrant some elaboration in the light of the Committee's

extensive experience in examining State party reports.

• Compulsory

The element of compulsion serves to highlight the fact that neither parents, nor guardians,

nor the State are entitled to treat as optional the decision as to whether the child should

have access to primary education. Similarly, the prohibition of gender discrimination in

access to education, required also by articles 2 and 3 of the Covenant, is further underlined

by this requirement. It should be emphasized, however, that the education offered must be

adequate in quality, relevant to the child and must promote the realization of the child's

other rights.

• Free of charge

The nature of this requirement is unequivocal. The right is expressly formulated so as to

ensure the availability of primary education without charge to the child, parents or

guardians. Fees imposed by the Government, the local authorities or the school, and other

direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its

realization. They are also often highly regressive in effect. Their elimination is a matter

which must be addressed by the required plan of action. Indirect costs, such as compulsory

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levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or

the obligation to wear a relatively expensive school uniform, can also fall into the same

category. Other indirect costs may be permissible, subject to the Committee's examination

on a case by case basis. This provision of compulsory primary education in no way

conflicts with the right recognized in article 13.3 of the Covenant for parents and guardians

“to choose for their children schools other than those established by the public authorities”.

• Adoption of a detailed plan

The State party is required to adopt a plan of action within two years. This must be

interpreted as meaning within two years of the Covenant's entry into force of the State

concerned, or within two years of a subsequent change in circumstances which has led to

the non-observance of the relevant obligation. This obligation is a continuing one and

States parties to which the provision is relevant by virtue of the prevailing situation are not

absolved from the obligation as a result of their past failure to act within the two year limit.

The plan must cover all of the actions which are necessary in order to secure each of the

requisite component parts of the right and must be sufficiently detailed so as to ensure the

comprehensive realization of the right. Participation of all sections of civil society in the

drawing up of the plan is vital and some means of periodically reviewing progress and

ensuring accountability are essential. Without those elements, the significance of the

article would be undermined.

• Obligations

A State party cannot escape the unequivocal obligation to adopt a plan of action on the

grounds that the necessary resources are not available. If the obligation could be avoided in

this way, there would be no justification for the unique requirement contained in article 14

which applies, almost by definition, to situations characterized by inadequate financial

resources. By the same token, and for the same reason, the reference to ‘international

assistance and cooperation’ in article 2.1 and to ‘international action’ in article 23 of the

Covenant are of particular relevance in this situation. Where a State party is clearly lacking

in the financial resources and/or expertise required to ‘work out and adopt’ a detailed plan,

the international community has a clear obligation to assist.

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Progressive implementation

The plan of action must be aimed at securing the progressive implementation of the right

to compulsory primary education, free of charge, under article 14 of International

Covenant on Economic, Social and Cultural Rights. Unlike the provision in article 2.1,

however, article 14 specifies that the target date must be “within a reasonable number of

years” and moreover, that the timeframe must “be fixed in the plan”. In other words, the

plan must specifically set out a series of targeted implementation dates for each stage of

the progressive implementation of the plan.

The Committee calls upon every State party to which article 14 of International

Covenant on Economic, Social and Cultural Rights is relevant to ensure that its terms are

fully complied with and that the resulting plan of action is submitted to the Committee as

an integral part of the reports required under the Covenant. Further, in appropriate cases,

the Committee encourages States parties to seek the assistance of relevant international

agencies, including the International Labour Organization (ILO), the United Nations

Development Programme (UNDP), the United Nations Educational, Scientific and

Cultural Organization (UNESCO), the United Nations Children’s Fund (UNICEF), the

International Monetary Fund (IMF) and the World Bank, in relation both to the preparation

of plans of action under article 14 and their subsequent implementation. The Committee

also calls upon the relevant international agencies to assist States parties to the greatest

extent possible to meet their obligations on an urgent basis (CESCR, Twentieth session,

Geneva, 26 April - 14 May, 1999). India ratified ILO (Convention No. 29) on 30

November 1954.

The Convention on the Rights of the Child

The Convention on the Rights of the Child (CRC, 1989) refers to education in Articles 28

and 29. Article 28 affirms the right of the child to education and the State’s duty, notably,

to ensure primary education is free and compulsory. In addition, it states that school

discipline should be administered in a manner consistent with a child’s human dignity.

India acceded to the Convention on 11 December 1992. Optional Protocol to the

Convention on the Rights of the Child (CRC) on the Involvement of Children in Armed

Conflict, 2000 and India ratified the Optional Protocol on 30 November 2005.

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Article 28

1. 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 to all;

b. Encourage the development of different forms of secondary education,

including general and vocational education, make them available and accessible

to every child, and take appropriate measures such as the introduction of free

education and offering financial assistance in case of need;

c. Make higher education accessible to all on the basis of capacity by every

appropriate means;

d. Make educational and vocational information and guidance available and

accessible to all children;

e. Take measures to encourage regular attendance at schools and the reduction of

drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is

administered in a manner consistent with the child’s human dignity and in conformity

with the present Convention.

3. States Parties shall promote and encourage international co-operation in matters

relating to education, in particular with a view to contributing to the elimination of

ignorance and illiteracy throughout the world and facilitating access to scientific and

technical knowledge and modern teaching methods. In this regard, particular account

shall be taken of the needs of developing countries.

Article 29

This article adds that the education of the child shall be directed towards the

development of the child’s personality, talents, and mental and physical abilities to their

fullest potential. Besides the international instruments cited above, the following is a non-

exhaustive list of international and regional normative instruments, both binding and non-

binding that enshrine the right to education:

• the American Declaration of the Rights and Duties of Man (1948) in Article 12;

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• the First Protocol to the European Convention for the Protection of Human Rights

and Fundamental Freedoms (1963) in Article 2;

• the International Convention on the Elimination of All Forms of Racial

Discrimination (1965) in Articles 5(v) and 7;

• the American Convention on Human Rights ‘Pact of San Jose, Costa Rica’ (1969)

in Articles 12(4) and 26;

• the Convention on the Elimination of Discrimination against Women (1979) in

Article 10;

• the African Charter on Human and Peoples’ Rights (1981) in Articles 11 and 17;

the Protocol of San Salvador (1988) in Article 13;

• the International Labour Organization Convention No. 169 Concerning Indigenous

and Tribal Peoples in Independent Countries (1989) in Articles 26 and 27;

• the International Convention on the Protection of the Rights of All Migrant

Workers and Members of their Families (1990) in Articles 30 and 45; and

• the Convention on the Rights of Persons with Disabilities (2006) in Article 24.

Education as international goals

In addition to international standards, two frameworks of internationally agreed education

goals were set in 2000: the Education for All (EFA) Goals (exclusively focusing on

education), and the Millennium Development Goals (MDG), which include an education-

related goal (Goal 2: Achieve Universal Primary Education).

State obligations to implement the right to education

According to General Comment No. 13 (21st Session, 1999) on the Right to Education

(Article 13 of the CESCR) of the Committee on Economic, Social and Cultural Rights,

there are three types of obligations on States: respect, protect and fulfil the right to

education. The obligation to respect requires States to avoid measures that hinder or

prevent the enjoyment of the right to education. The obligation to protect requires States

Parties to take measures that prevent third parties from interfering with the enjoyment of

the right to education. The obligation to fulfil incorporates both an obligation to provide

and to facilitate and requires States to take positive measures to enable and assist

individuals and communities to enjoy the right to education.

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The right to education implies that national education systems of States must meet

minimum standards in four interdependent areas. They are as follows:

• Educational institutions and facilities have to be available in sufficient quantity

(buildings, sanitation facilities for sexes, safe drinkable water, trained teachers

receiving domestically competitive salaries, teaching materials);

• Educational institutions have to be accessible to everyone, without discrimination,

in law and in fact;

• The form and substance of education have to be acceptable to both students and

parents: relevant, culturally appropriate and of good quality;

• Education has to be flexible, adaptable to the needs of changing societies and

responding to the needs of students within their diverse social and cultural settings.

• The right to education can be progressively implemented, in accordance with

available resources. Nevertheless, some aspects of the law must be implemented

immediately because they constitute the heart of the right to education – its core

content. These include:

• Ensuring the right of access to public educational institutions and programmes on a

non-discriminatory basis;

• Ensuring that education conforms to the objectives set out in international

standards;

• Providing primary education for all;

• Adopting and implementing a national educational strategy that includes provision

for fundamental, secondary, and higher education;

• Ensuring free choice of education without interference from the State or third

parties, subject to conformity with ‘minimum educational standards’.

Some potential violations of the core content of the right to education may include the

following:

• The introduction of legislation that discriminates against individuals or groups, or

failure to repeal this kind of legislation, and the failure to take measures that

address de facto educational discrimination;

• The use of curricula inconsistent with the educational objectives set out in

international standards;

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• The failure to introduce, as a matter of priority, primary education that is

compulsory and available free to all, and the failure to take ‘deliberate, concrete

and targeted’ measures towards the progressive realization of fundamental,

secondary, and higher education;

• The prohibition of private educational institutions and the failure to ensure private

educational institutions conform to the ‘minimum educational standards’;

• The denial of academic freedom and the closure of educational institutions in times

of political tension;

• This is based on Human Rights-Based Approaches (HRBA) to education, which

promote the empowerment of learners, establish the obligations of States and

outline mechanisms of accountability before the law in the case of rights violations.

Areas of special focus

1. Girls’ and women’s right to education

Girls and women constitute the majority of out-of-school children and illiterate

adults as their learning opportunities are compromised by a number of in- and out-

of-school barriers. They also represent the majority of people living in poverty, are

subject to gender-based discrimination and violence and are less likely to have

access to services including education. Gender inequalities manifested in all aspects

of education process (e.g. access, retention, completion, treatment, learning

outcomes and education and career choices) disproportionally affect girls and

women. This is both a cause and a result of chronic and systemic discrimination and

gender stereotyping. Achieving gender equality in education necessitates an

approach that equally empowers male and female learners, facilitating access to,

retention in and completion of education for all. Gender equality to, in and through

education requires action at multiple levels – within and outside the education

system.

2. Inclusive education

Inclusive education is about putting the right to education into action by including

all learners, respecting their diverse needs, abilities and characteristics and

eliminating all forms of discrimination in the learning environment. To make the

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right to education a reality for all, it is necessary to offer wide educational

opportunities in formal, non-formal and informal settings, to vulnerable groups; in

particular in post-conflict situations (Regarding Post Conflict and Post Disaster

(PCPD) contexts and education in emergency, it would be useful to refer to INEE

Minimum standards which include specific indicators and guidelines for education

in emergency) where formal education systems may not be functional. As non-

formal education systems mostly rely on a flexible, voluntary and non-mandatory

basis, they have a greater chance to reach learners who would not be able to access

or stay in the formal system and to adapt to their particular educational needs.

Universal Declaration of Human Rights, 1948 (Article 26)

• 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.

• 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.

• Parents have a prior right to choose the kind of education that shall be given to

their children.

According to Article 26, Universal Declaration of Human Rights; articles 2, 22, 23,

27, 28 and 32, Convention on the Rights of the Child; article 13, International

Covenant on Economic, Social and Cultural Rights; article 10, Convention on the

Elimination of All Forms of Discrimination against Women; articles 4 and 5,

UNESCO Convention against Discrimination in Education; article 24, Convention on

the Rights of Persons with Disabilities (opened for signature 30 March 2007).

Obligations to ensure the right of access to education

• Provide free and compulsory primary education.

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• Develop forms of secondary education that are available and accessible to

everyone, and introduce measures to provide free education and financial

assistance in cases of need.

• Provide higher education that is accessible on the basis of capacity by every

appropriate means.

• Provide accessible educational and vocational information and guidance.

• Introduce measures to encourage regular attendance and reduce drop-out rates.

• Provide education on the basis of equal opportunity.

• Ensure respect for the right to education without discrimination of any kind on any

grounds.

• Ensure an inclusive education system at all levels.

• Provide reasonable accommodation and support measures to ensure that children

with disabilities have effective access to and receive education in a manner

conducive to achieving the fullest possible social integration.

• Ensure an adequate standard of living for physical, mental, spiritual, moral and

social development. • Provide protection and assistance to ensure respect for the

rights of children who are refugees or seeking asylum.

• Provide protection from economic exploitation and work that interferes with

education.

Jomtien (1990)10

Every person – child, youth and adult – shall be able to benefit from educational

opportunities designed to meet their basic learning needs. Recalling that education is a

fundamental right for all people, women and men, or all ages, throughout the world;

Universal access to, and completion of, primary education (or whatever higher level of

education is considered as ‘basic’) by the year 2000; meeting basic learning needs

constitutes a common and universal human responsibility. It requires international

10

World Declaration on Education for All and Framework for Action to Meet Basic Learning Needs, Adopted by the World Conference

on Education for All, 5–9 March 1990, Jomtien, Thailand, UNESCO, Paris, April 1990.

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solidarity and equitable and fair economic relations in order to address existing economic

disparities.

Beijing Declaration and Platform for Action (1995)11

The Beijing Declaration and Platform for Action of 1995 is a visionary agenda for the

empowerment of women. It still remains today the most comprehensive global policy

framework and blueprint for action, and is a current source of guidance and inspiration to

realize gender equality and the human rights of women and girls, everywhere.

The Platform for Action covers 12 critical areas of concern that are as relevant

today as 20 years ago: poverty; education and training; health; violence; armed conflict;

economy; power and decision-making; institutional mechanisms; human rights; media;

environment; and the girl child. For each critical area of concern, strategic objectives are

identified, as well as a detailed catalogue of related actions to be taken by Governments

and other stakeholders, at national, regional and international level. As the international

community is in the final stages of crafting a post-2015 development agenda, this

anniversary edition of the Beijing Declaration and Platform for Action, together with the

outcomes of the twenty-third special session of the General Assembly, is a timely reminder

that gender equality is not only a goal in itself, but a means for achieving all other goals on

the global agenda. Today, more than ever, urgent and sustained action is needed to

transform the structures, institutions and norms – economic, political and social – that are

holding back progress on gender equality. These systemic changes must be deep and

irreversible.

This requires:

• Governments to demonstrate strong determined leadership and commitment to

advance women’s rights;

• Reaching the most marginalized women and girls by tackling stark and rising

inequalities and multiple forms of discrimination;

11

Fourth World Conference on Women, held in Beijing, China, in September 1995.

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• Strengthening accountability for gender equality and supporting national gender

equality mechanisms and women’s movements to exert greater influence in policy

decisions;

• Greater contributions of men as gender equality advocates; and

• Exponentially increasing investments in gender equality and women’s rights.

Gender equality is a shared vision of social justice and human rights. Everyone has

a responsibility to act, particularly governments as the primary duty bearers. We must

seize all opportunities at national, regional and global levels and give new impetus to the

achievement of gender equality, the empowerment of women and women’s and girls’

enjoyment of their human rights.

Dakar (2000)12

With this specification it was affirmed that all children, young people and adults have the

human right to benefit from an education that will meet their basic learning needs.

Education is a fundamental human right. Ensuring that by 2015 all children, particularly

girls, children in difficult circumstances and those belonging to ethnic minorities, have

access to and complete free and compulsory primary education of good quality to improve

the quality of life of individual.

Achieving Education for All will require additional support by countries and it

increased development assistance and debt relief for education by bilateral and multilateral

donors, estimated to cost in the order of $8 billion a year. The consequences of defining

education as a human right are corollary duties and responsibilities, entailing changes in

policies and practices of the respective agencies. Rights entail corresponding obligations as

well as remedies for violations.

The Millennium Development Goals and Female Education

The U.N. Millennium Summit, held in September 2000, produced a set of eight

Millennium Development Goals (MDGs) covering a range of development issues,

including reducing child mortality, fighting various infectious diseases, eradicating

illiteracy, and empowering women. The MDGs and their associated targets and indicators

12

The Dakar Framework for Action - Education for All: Meeting Our Collective Commitments, Text adopted by the World Education

Forum, Dakar, Senegal, 26–28 April 2000

82

were designed as benchmarks for monitoring progress in developing countries and to

provide a framework for sustaining development and eliminating poverty. The

international community recognizes that unless girls’ education improves, few of the

MDGs will be achieved. Two of the goals deal specifically with female education and

women’s empowerment.

• Goal 2: Achieve universal primary education. Target: Ensure that, by 2015, all

children, boys and girls alike, will have access to a full course of primary

education. Indicators for this goal: the net enrolment ratio in primary education; the

proportion of pupils starting grade 1 who reach grade 5; and the literacy rate of 15-

to-24-year-olds.

• Goal 3: Promote gender equality and empower women. Target: Eliminate gender

disparities in primary and secondary education, preferably by 2005, and at all

levels of education no later than 2015. Indicators for this goal: the ratio of girls to

boys in primary, secondary, and tertiary education; the ratio of literate females to

males among 15 to 24 year-olds; the share of women in wage employment in the

non-agricultural sector; and the proportion of seats in national parliament held by

women.

The spread of education among the weaker sections of our society is vital as

education is a prime requisite for socio-economic development. The policy to promote

educational interests of the weaker sections of the people, especially the Scheduled Castes

and Scheduled Tribes, has been enshrined in our Constitution as a Directive Principle of

State Policy. In the days of yore tribal people had a well-organized system of education.

The child learnt at home and at ‘dormitories’ and this training related to various activities

of tribal life. Lack of social mobility and the problem of inter-cultural communication are

major retarding factors in tribal education. As the teacher and the taught in the tribal areas

belong to different cultures the communication barrier becomes almost insurmountable.

Most of the teachers appointed in tribal areas are a disinterested lot due to various

problems faced by them such as lack of proper residential facility, good salary,

communication facility and social distance from the tribal people.

Thus the teacher feels isolated and unhappy and a disgruntled teacher is, certainly,

not the best communicator of modern ideas and messages to tribal children. So even

though the government has come up in recent times with various plans and programs to

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improve the educational lot of the tribal, there is not much result to show as there is lack of

sincerity on the part of the officials charged with the implementation of these programs. In

fact a credibility gap has emerged between such officials and the tribal people. If all these

problems are to be tackled successfully, the government has to bring about a change in the

basic orientation in tribal education.

The government in its zeal to provide facilities to the tribal has constructed hostels

for the tribal students, supplied textbooks, provided different types of scholarship, etc. But

instead of bridging the gap it has widened the rift. The tribal students staying in separate

hostels, availing themselves of separate scholarships, feel naturally ostracized. This should

change and instead there might be some percentage reservation of seats for tribal in a

general hostel and tribal students should be encouraged to take an active part in various

college as well as hostel activities. As regards appointment of teachers, more and more

appointments should be made from among the tribal population so that the teachers

become ‘accepted’ and they deal with the tribal students by using a more permissive and

motivational approach. The existing teachers should be provided with adequate facilities

and they should be properly oriented. It should be a must for the teachers to learn the tribal

language and there can also be attempts at writing textbooks in tribal languages.

Moreover the education of girl children has little functional importance to them.

Even after secondary education there can be no gainful employment. Thus there is no

incentive for education. So the existing curricula should be related to socio-economic and

cultural life of the tribal. Emphasis must be on imparting skills and modern information on

agriculture, poultry, forestry and carpentry, etc.

Only by providing better communication facilities, sanitary programs, teaching

materials and methods the government can hope to bring about an attitudinal change in the

tribal population towards education. Otherwise with the present state of affairs the dream

of our Constitution makers about tribal education would always remain a dream. In spite of

certain outstanding examples of individual achievement of Indian woman and a definite

improvement in their general condition over the last one hundred years, it remains true that

our woman still constitute a large body of under - privileged citizens. Women of course do

not form a homogenous group in class or caste terms. Nevertheless, they face distinctive

problems that call for special attention. The Backward Classes Commission set up by the

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Government of India in 1953 classified women of India as a backward group requiring

special attention.

A changing society and a developing economy cannot make any headway if

education, which is one of the important agents affecting the norms of morality and

culture, remains in the hand of traditionalists who subscribe to a fragmented view of the

country’s and the world’s heritage. The differences between the positions of men and

women in society will not lessen; leave aside disappear, as long as there are differences

between the education of men and women. Inadequate education or no education is the

most important factor contributing to the backwardness of our masses, especially our

womenfolk. It is the low literacy among women which brings national literacy figure so

low. This gap which exists between the literacy rates of the two sexes also exists between

the enrolment of girls and boys at all levels of education. Right from the primary school to

the university, we find that the number of girl students is considerable lower than the

number of boy students.

According to Article 45 of the Constitution of India, universal compulsory and free

education until the age of 14 was to be achieved by the year 1960. Looking at the present

condition of primary education in villages, it seems doubtful that 100 per cent enrolment of

girls can be achieved by the end of this century. There is no doubt that we have made great

headway in the education of women in the last century. It is unfortunately true of our

society that children are sent to school not according to their intelligence or aptitude but

according to their sex. Such attitudes need to be changed without further delay if we want

to achieve 100 per cent enrolment of the primary school-going children. Although the

disparity between the enrolment of girls and boys has been lessening in the urban areas,

the gap between their enrolments is still very wide especially in rural areas. The reasons

for this are both economic and social.

The economic structure of rural areas is such that children, especially girls, are

required to help in household work and perform their chores. Young girls have to look

after their younger brothers and sisters, have to get water from the well, have to carry food

to the father in the field, etc. Since there is so much to be done at home, they cannot be

spared for the luxury of attending a school. The resources of the poor farmer are so limited

that he does not have anything to spare for the education of his children. It is the boy who

will be sent to school first if there are resources available. Parents also do not see the value

85

of educating their children specially daughters who would get married after all and be only

housewives. Since they cannot see any direct relationship between education and

economic betterment, they have very little motivation to send their children to school. It is

still not being realized that there is definite connection between education, good

motherhood and efficient house management.

The management of millions of household and the upbringing of millions of

children in thus is the hands of illiterate women. It is here that a change is required if our

democratic and socialistic intensions are not to remain a mere pretence. People can be

motivated to have their children educated only if educational system is directly linked with

economic and social development. As long as our education remains oblivious of the felt

needs of people to solve their immediate problems and on the contrary, actually alienates

them from their natural, social and cultural surroundings, they will rightly resist sending

their children to school. It is the area of primary education, especially in rural areas, which

should be given maximum attention. Primary education for both girls and boys is what we

should be concerned about while planning our policies and allocation funds. It is this

sector of our education structure that gets neglected in favour of all sorts of institutes of

‘higher learning’ and ‘research’ of a kind that are neither relevant nor pertinent to our

pressing problems. The role of women outside home is becoming an important and even

essential feature of our present day reality.

Table 3.1: Comparative analysis of Right to Education of different countries

India China Germany USA Japan

Run by State State State State Public/Pvt.

Started 2010 1980 1982 1870 1947

Compulsory

Period

(years)

8 13 10 13 9

Age of Child

(years)

6-14 6-19 6-16 5-18 6-15

86

Attendance

%

99% 99% 90% 99% 99.98%

System Co-

educatio

n

Co-

educatio

n

Co-education Co-

educatio

n

Co-education

Articles 21A 19,24,46 3,5,6,7,9,19,91

b

Human

Rights

Act

10,11,12,14,20,23,

26

Constitution

al promises

Yes Yes Yes Yes Partial

Similar rules

for entire

country

Yes Differen

t in

States

Different in

States

Differen

t in

States

Different in

States

Source: HDI of Selective countries, 2013

If one observes carefully, the Indian government has concentrated only on primary

education, ignoring the rest of the goals. According to UNESCO’s report on progress in

primary education, around 7.74 core children around the world are out of school. Three-

fourths of these out-of-school children reside in 15 countries including India, Bangladesh,

Pakistan, Indonesia, China, Brazil and the African nations. With one-third of the world’s

illiterate, the report places India 105th among 128 nations. It was to battle this grim

situation and with an emphasis on teachers, educationists and activists that the Right of

Children to Free and Compulsory Education Act, 2009 came into being and it came into

force from 1st April, 2010.

According to the 2011 census, India has 36 core children in the age-group 0-14

years, constituting 35.3% of its total population. In the age-group 5-14, there were 25.10

core children (24.6% of the total population). It is for these children that the Right to

Education Act, 2009 was brought out. According to government report, 18.78 core

children are being taught by 58.16 lakh teachers in 13 lakh schools across the country.

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District Information of School Education (Census, 2011), of the total number of primary

schools in India, 80.51% are government-run and 19.49% are private. In 2010, of the total

number of admissions to Classes 1-5, 72.13% were in government schools and 27.87% in

private schools. Similarly, of the total number of admissions to Classes 6-8, 63.10% were

in government schools and 36.90% were in private schools. Thus, 69.51% of children in

Classes 1-8 were in government schools and 30.42% took admission in private schools.

Whilst the number of children in government schools remains greater, their declining

popularity and the simultaneous growth of private schools is an early warning of the

country’s deteriorating education system.

RIGHT TO EDUCATION: INDIAN SCENARIO

A. The University Education Commission, 1948

The era of educational reconstruction inevitably followed in the wake of social and

economic reconstruction initiated by the National Government after 1947, education being

the chief instrument for reconstruction and transformation of society. The first steps taken

in the direction of educational reconstruction were the appointment of a series of

commissions to survey, study, review and recommend improvements in the different

sectors of education.

To look into the problems of University education, the University Education

Commission was appointed by the Government of India in 1948 under the Chairmanship

of Prof. S. Radhakrishnan in pursuance of the recommendations of the Central Advisory

Board of Education and also of the Inter-University Board. The Commission made

important suggestions for improving the standard of university education in the country.

Introduction of a three-year degree course for the first university degree, greater use of

tutorial system of instruction, formulation of new aims, emphasis on developing know

ledge and critical thinking rather than mechanical passing of examinations, establishment

of Rural Universities and introduction of moral education were some of its salient

recommendations. The Commission, however, thought it unfortunate that neither the

public nor the Government had realised the importance of Intermediate Colleges in the

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Indian educational systems. To coordinate University Education in the country, the

establishment of the University Grants Commission was also recommended.

After India became independent the first governmental act to organise the

education system in the light of independence was the setting up of the University

Education Commission, headed by Prof. S. Radhakrishnan to ‘suggest improvements and

extensions that may be desirable to suit the requirements of the country’. The Commission

covered the problems of admission, length and contact of courses, the relation between

teaching and research, examination, student discipline, teachers' service conditions etc.

Widely acclaimed, the report of the Commission on the issue of women's education

referred that: “Women’s present education is entirely irrelevant to the life they have to

lead. It is not only a waste but often a definite disability. The present system of women's

education, based as it is upon men's needs, does not in any way make them fit for coping

with the problems of daily life. The modern educated Indian women are neither happy nor

contented nor socially useful. They will be misfit in life and of course highly suppressed as

a consequence. So they need opportunities for self-expression and self-reliance. The new

education policy would provide the opportunities to women who the most deprived section

of the society” (Report of the University Education Commission, 1948-49).

The Constitution introduced in 1950 included a number of important provisions which

had direct and indirect bearing on education. After two years the country entered into a

new era of planned development through the Five Year Plans. The First Five Year Plan

visualised education as the vehicle for the successful achievement of planned

development. Deriving lessons from the University Education Commission's

recommendations on women's education the 1st Plan stated that “everyone realises the

significance of the problem of women’s education in the special circumstances of our

country today and the need for adopting social measures for solving it. The general

purpose and objective of women's education cannot of course be different from the

purpose and objective of men's education. There are, however, vital differences in the way

in which this purpose has to be realized” (First Five Year Plan, 1951).

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B. The Secondary Education Commission, 1952

The Radhakrishnan Commission had surveyed the field of secondary education in a

passing manner and had admitted that ‘our secondary education remains the weakest link

in our educational machinery and needs urgent reform’ (Radhakrishnan Commission,

1948). This fact was the raison d’etre of an All India Commission for Secondary Education

appointed in 1952 under the Chairmanship of Dr. A. Lakshmanswamy Mudaliar. This

Commission offered a numbers of suggestions to adjust secondary education with the new

goals and needs of free India. The aim was now to train our youth for intermediate

leadership and for democratic citizenship.

Secondary education was to be a terminal stage for a large majority of the nation's

youth, who would take up their places in society after their school education and provide

leadership to the general masses. The Commission was equally concerned with qualitative

improvement of the schools. To develop individual talent, curricular offerings were

extended and diversified. To achieve the new aims of education, changes in methods of

teaching were suggested. New trends in examination, guidance and extracurricular work

were brought into the school programmes. Multipurpose secondary school was a new

concept recommended by the Commission. Inclusion of craft, social studies and general

science in the curriculum was aimed at orienting students towards an industrial and

science-centred democratic life. The following were the main recommendations of the

Commission:

1. New Organization pattern

i. Secondary education should commence after four or five years period of primary or

junior basic education and should include :

1. the middle or senior basic secondary stage of 3 years, and

2. thehigher secondary stage of 4 years;

• The present intermediate stage should be replaced by the higher secondary

stage which should be of four years' duration, one year of the present

intermediate being included in it;

90

• As a consequence of the preceding recommendations, the first degree course

in the university should be of three years' duration;

• For those. who pass out of the High School, there should be provision of a

pre-University course of one year;

• Admission to professional colleges should be open to those who have

completed the higher secondary course, or have taken the pre-University

course;

• Multi-purpose schools should be established wherever possible to provide

varied courses of interest to students with diverse aims, aptitudes and

abilities.

ii. Technical Education

Technical schools should be started in large number either separately or as part of

multi-purpose schools. Such schools should be located in close proximity to appropriate

industries and they should function in close cooperation with the industry concerned.

iii. Study of Languages

1. The mother-tongue or the regional language should generally be the medium of

instruction throughout the secondary school stage,

2. During the middle school stage, every child should be taught at least two

languages. English and Hindi should be introduced at the end of the junior

basic stage, subject to the principle that no two languages be introduced in the

same year.

3. At the high and higher secondary stage, at least two languages should be

studied, one of them being the mother tongue or the regional language.

iv. Curriculum

1. At the middle School state, the curriculum should include,

a. languages,

b. social studies,

c. general science,

d. mathematics,

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e. art and music,

f. craft and

g. physical education.

2. In the second year of high school or higher secondary stage, diversified

courses’ of instruction should be provided. They- should include following

seven groups:

a. humanities,

b. sciences,

c. technical subjects,

d. commercial subjects,

e. agricultural subjects,

f. fine arts and

g. home science.

3. A certain number of core subjects should be common to allstudents whatever

diversified course of study they may take. These should consist of -

a. Languages,

b. General science,

c. Social studies and

d. A craft.

4. Miscellaneous

a. Educational guidance should receive much greater attention on the part

of educational authorities; the services of trained guidance officers and

career masters should be made available gradually and in increasing

measure to all educational institutions.

b. The number of external examinations and subjectivity in the essay-type

tests should be minimized by introducing objective tests and also by

changing the type of questions.

The Commission's recommendations were integrated in the successive five-year

plans and began to be implemented, both at the Centre and in the States, in 1954 (The

Report of Secondary Education Commission, 1952:16). The commencement of 1st Plan

92

coincided with the appointment of Secondary Education Commission headed by A. L.

Mudaliar (1952-53). Mention may be made here, that the government constituted special

commissions for university education and secondary education to go into the details of

problems and hurdles and suggest ways and means to remove them but till now no special

Commission has been constituted to enquire the problems of elementary education which

is the most important stage for the educational development in terms of both quality and

quantity (Some states have constituted Committees to look into the issue of pre-primary or

primary education i.e. Karnataka in 1961, Rajasthan 1969 etc.). The secondary education

commission on the issue of girls education stated interlay “in a democratic society where

all citizens have to discharge their civic and social obligations, differences which may lead

to variations in the standard of intellectual development achieved by boys and girls cannot

be envisaged” (Report of the Secondary Education Commission, 1953). A National

Committee on Women's Education was appointed by the Government in 1958 to go into

the difficulties that hindered the progress of girl's education and to make recommendations

in order to bring girls’ educational par with the boys. The Committee had recommended

several measures which were generally accepted by the Government.

In essence these measures were:

• Top priority for the expansion of girls education at the elementary stage;

• Campaign against the traditional prejudices against girls education;

• Appointment of women teachers; on demand separate schools for girls at higher

secondary stage;

• Incentives, special central assistance to all states till 80 percent of girls in the age

group 6-11 are enrolled;

• Parity between boys and girls be reached as soon as possible;

• Establishment of National Council for Women’s Education (Government of

India,1959).

The Government appointed another Committee on differentiation of curricula for

boys and girls in 1963 (Report of the Committee on the Differentiation of Curricula for

boys and girls). The Committee proposed common curricula for both boys and girls up to

primary stage. The Committee also recommended core curricula of home-science for both

sexes at the middle stage and inclusion of crafts or handiwork or productive labour on the

general courses at the secondary level.

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C. Committee on Higher Education for Rural Areas: Rural institutions, 1954

The Committee on Higher Education for Rural Areas: Rural Institutions 1954, was

appointed by Government of India under the Chairmanship of Shri K.L. Shrimali to

undertake a comprehensive survey of experiments in the field of higher education in rural

areas as to determine specific projects and Institutions to carry on experimental work in

this field and to recommend a possible pattern for rural universities with reference to aims,

content of higher education and its relationship to basic and secondary education. The

three years diploma courses and as well as the two and one year certificate courses should

be open to candidates who have completed higher secondary or Post-basic education. The

teaching diploma course should be of two kinds, one for graduates and the other for those

who have completed higher secondary or post-basic course, and also for those who have

completed the one or two years certificate course.

D. The National Council for Women’s Education, 1958

The problems of education of girls and women in the country, acquired a new

significance since the attainment of Independence. The Educational Panel of the Planning

Commission, in July 1957, re- commended that “a suitable Committee should be appointed

to go into the various aspects of the question relating to the nature of education for girls at

the elementary, secondary and adult stages and to examine whether the present system was

helping them to lead a happier and more useful life”. The Conference of the State

Education Ministers in 1957 also agreed that a special committee should be appointed to

examine the whole question of women’s education (Aggarwal, 2008).

Durgabai Deshmukh Committee was the 1st committee which argued for the

improvised educational system for women. The National Committee on Women’s

Education was accordingly set up by the Government in May 1958, with Smt. Durgabai

Deshmukh as Chairman. The Committee, in its report published in 1959, recommended

that the highest priority should be given to establishing parity between the education of

boys and girls and a bold and determined effort should be made by the Centre and the

States to face the difficulties and magnitude of the problem. It recommended co-

education up to the middle school stage but separate institutions for girls at the high school

stage where more diversified curriculum suited to girls should be introduced. The

Committee desired ample provision for school mothers, crèches, training of women

94

teachers and employment facilities for adult women (Report of the National Committee on

Women’s Education May 1958- January, 1959, P. I.). It also desired that suitable

atmosphere should be created for greater enrolment girls, for greater efforts by voluntary

organisations, more provision for scholarships for girls at all stages and particularly at

university stage (Ibid:196-225). Some of the important recommendations of the Committee

are below:

1. The education of women should be regarded as a major and special problem in

education for a good many years to come, and that a bold and determinate effort

should be made to face its difficulties;

2. Steps should be taken to constitute as early as possible a National Council for the

Education of Girls and Women;

3. A separate unit for Women's Education, under an Educational Adviser, should be

set up at the Centre;

4. In each State, a woman should be appointed as Joint Director and placed in charge

of education of girls;

5. Lady teachers should be appointed in all schools where there are no women;

6. There should be identical curricula for boys and girls at the primary stage. At the

secondary stage, there is need for differentiation of the courses;

7. Vocational training courses with ‘Primary’ as basic qualification may be conducted

in school during the day, alongside general education. Courses with ‘Middle’ and

‘Secondary’ as basic qualifications may be organized in vocational sections of

middle and secondary schools, in multipurpose schools, in separate vocational

schools, in apprenticeship classes, in training centers, in workshops and/or in

continuation schools.

8. Educational facilities for adult women in the form of condensed courses –

i. That prepare women for the middleschool examination, and

ii. Those that prepare them for the high school or higher secondary examination

should be provided more extensively in all States; and

9. Part-time employment of women teachers should be encouraged as largely as

possible in order to enable women to manage their responsibilities at home as well

as to do some teaching work.

10. On the recommendations of the Committee, the Government of India has set up a

National Council for Women's Education at the Centre (Mukherji, 1966:251-52).

95

Hansa Mehta Committee was appointed by the National Council for Women’s

Education in 1962under the Chairmanship of Smt. Hansa Mehta to examine carefully the

differentiation of curriculum for boys and girls at all stages of education. The committee

analyzed the issue threadbare and thereafter made the following recommendations:

1. There is a need to make differentiation in the curriculum on the basis of sex;

2. At higher secondary level, home science is a useful subject for girls but it should

not be made mandatory;

3. Music, drawing, painting and fine arts are the subjects of interest for girls and,

therefore, proper facilities for their teaching should exist in the educational

institutions.

4. Girls in sufficient number should be encouraged to offer science and mathematics

subjects;

5. In place of physical education, hand work should form a part of education (Kohli,

1974:47).

A year later the Bhaktavaslam Committee (1963) was appointed to look into the

causes for the lack of public support particularly in rural areas for girl's education and to

enlist public cooperation. The Committee after going into details of the causes suggested

inter-alia “the strategy for the development of the education of girls and women will have

to take two forms. The first is to emphasise the special, programmes recommended by the

National Committee on Women's Education and the second is to give attention to the

education of girls at all stages and in all sectors as an integral part of the general

programmes for the expansion and improvement of education”. Particularly this is the

committee where the importance of rural girls’ education has been firmly uttered.

The Education Commission (1964-66) which discussed at great length almost all

aspects of education, on the issue of women's education endorsed all recommendations

made by the previous Committees on girl’s education. In addition the Commission

recommended that “education of women should be regarded as a major programme for

some years to come and bold and determined effort should be made to face difficulties

involved and to close the existing gap between the education of men and women in as

short a time as possible”. Based on the broad recommendations of the Education

Commission the Government declared a National Policy on Education in 1968 whose aim

96

was to achieve “economic and cultural development of the country for national integration

and for realising the ideal of a socialistic pattern of society” (NPE,1968). The policy

committed for a continuous effort for the expansion and equalization of educational

opportunity, sustained effort to raise quality, emphasis on development of science and

technology and cultivation of moral and social values (Sharma, 1968:201).

Regarding girl’s education the policy stated ‘the education of girls should receive

emphasis not only on grounds of social justice but also because it accelerates social

transformation’. Despite these efforts the Committee on the Status of women in India12 in

1975 identified that in 1971, about 68 per cent of the total number of women in the age

group 15-25 years and nearly 87 per cent in the age group of 25 years and above were

illiterate. The significant point to be noted according to the Committee report was that

although the enrolment has increased at a faster rate but the rate of increase in literacy is

rather slow. On the basic issues of non-enrolment wastage, drop-out and non-retention the

Committee observed that in classes I to V one girl out of every three in the age group 6-11

years is out of school and one girl out of every five in the age group 11-14 years is in the

school. The drop-out rate among girls is very high. Of every 100 girls enrolled in class I

only about 30 reach class V. The problem of non-retention, wastage and stagnation are

therefore found to be much higher among girls. The Committee was of the view that the

educational gap between boys and girls is narrowing more rapidly at the higher level than

at till primary and secondary level. The year 1975 must be regarded as a watershed when

rethinking on women's issues started when United Nationals declared 1975-85 as women's

decade. The year coincided with the publication of the report of the Committee on the

status of women in India, the findings of this report provided shock to many people. Most

of the recommendations made by the Committee were accepted by the Empowered

Committee and thus were incorporated into the National Plan of Action for women. The

post ’75 phase saw more official concern towards improving women's access to education.

The draft sixth Five Year Plan (1978-83) prepared by the Janata Government took

a very critical view of the education structure existing so far. The plan mentioned that the

benefits from the education system failed to reach majority of population due to

“inadequate principle of national education policy”. The plan envisaged to change in the

priorities in order to bring everyone into the fold of education system. Eradication of

illiteracy and promotion of adult education programmes and more emphasis on

97

universalization were given priority on the educational front. In fact these were the issues

mostly affecting girls and women. When the Government at the Centre changed in a span

of 30 months the new Government incorporated most of these issues on priority basis in

the Sixth Plan Document. Thus the Sixth Five Year Plan (1980-85) emphasized eradication

of illiteracy, universal primary education and introduction of job-orientation. The plan for

the first time includes a chapter on ‘Women and Development’ (1985) which deals with

the issues of education, health and employment of women. On the issues of education,

efforts were directed towards higher enrolment and retention of girls in schools, income

generating work for girls outside the school hours to supplement the family income,

increase in the number of women teachers specially in the rural areas, construction of

residential quarters for women teachers, strengthening science teaching in girls’ schools

and colleges, streaming the admission policy to promote greater enrolment of women in

professional courses like engineering, electronics, agriculture, veterinary science, fisheries

and forestry, expansion of functional literacy programmes especially in areas having low

female literacy, special non-formal educational programme for girls in the age groups 15-

20 years who could not complete formal schooling earlier, construction of more hostels for

women belonging to backward classes and “instead of increasing separate women's

polytechnics for imparting training in arts, crafts etc. co-educational institutions would

encouraged as far as possible”. The Seventh Plan (1986-90) executed by a large envisages

of similar measures.

E. Kothari Commission (1964-66)

In the post- Independence period, a major concern of the Government of India and of

the States has been to give increasing attention to education as a factor vital to national

progress and security. Problems of educational reconstruction were reviewed by several

commissions and committees, notably the University Education Commission (1948-49)

and the Secondary Education Commission (1952-53). Some steps to implement the

recommendations of these Commissions were taken; and with the passing of the

Resolution on Scientific Policy under the leadership of Jawaharlal Nehru, the development

of science, technology and scientific research received special emphasis. Towards the end

of the Third Five Year Plan, a need was felt to hold a comprehensive review of the

educational system with a view to initiating a fresh and more determined effort at

educational reconstruction; and the Education Commission (1964-66) was appointed to

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advise the Government on the national pattern of education and on the general principles

and policies for the development of education at all stages and in all aspects. The Report of

the Education Commission has since been widely discussed and commented upon. The

Government is happy to note that a general consensus on the national policy on education

has emerged in the course of these discussions.

The Government of India is convinced that a radical reconstruction of education on the

broad lines recommended by the Education Commission is essential for economic and

cultural development of the country, for national integration and for realizing the ideal of a

socialistic pattern of society. This will involve a trans- formation of the system to relate it

more closely to the life of the people; a continuous effort to expand educational

opportunity; a sustained and intensive effort to raise the quality of education at all stages;

an emphasis on the development of science and technology; and the cultivation of moral

and social values. The educational system must produce young men and women of

character and ability committed to national service and development. Only then will

education be able to play its vital role in promoting national progress, creating a sense of

common citizenship and culture, and strengthening national integration. This is necessary

if the country is to attain its rightful place in the comity of nations in conformity with its

great cultural heritage and its unique potentialities. The main recommendations of Kothari

Commission were:

1. Free and Compulsory

Education Strenuous efforts should be made for the early fulfilment of the Directive

Principle under Article 45 of the Constitution seeking to provide free and

compulsory education for all children up to the age of 14. Suitable programmes

should be developed to reduce the prevailing wastage and stagnation in schools and

to ensure that every child who is enrolled in school successfully completes the

prescribed course.

2. Status, Emoluments and Education of Teachers

Of all factors which determine the quality of education and its contribution to

national development, the teacher is undoubtedly the most important. It is on his

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personal qualities and character, his educational qualifications and professional

competence that the success of all educational endeavour must ultimately depend.

Teachers must, therefore, be accorded an honoured place in society. Their

emoluments and other service conditions should be adequate and satisfactory,

having regard to their qualifications and responsibilities.

i. The academic freedom of teachers to pursue and publish independent

studies and researches and to speak and write about significant national and

international issues should be protected.

ii. Teacher education, particularly in-service education, should receive due

emphasis.

3. Development of Languages

i. Regional Languages: The energetic development of Indian languages and

literature is a sine qua non for educational and cultural development. Unless

this is done, the creative energies of the people will not be released,

standards of education will not improve, knowledge will not spread to the

people, and the gulf between the intelligentsia and the masses will remain, if

not widen further. The regional languages are already in use as media of

education at the primary and secondary stages. Urgent steps should now be

taken to adopt them as media of education at the university stage.

ii. Three-Language Formula: At the secondary stage, the State Governments

should adopt, and vigorously implement, the three-language formula which

'includes the study of a modern Indian language, preferably one of the

southern languages, apart from Hindi and English in the Hindi-speaking

States, and of Hindi along with the regional language and English in the non-

Hindi speaking States. Suitable courses in Hindi and/or English should also

be available in universities and colleges with a view to improving the

proficiency of students in these languages up to the prescribed university

standards.

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iii. Hindi: Every effort should be made to promote the development of Hindi. In

developing Hindi as the link language, due care should be taken to ensure

that it will serve, as provided for in Article 351 of the Constitution, as a

medium of expression for all the elements of the composite culture of India.

The establishment in non-Hindi States, of colleges and other institutions of

higher education which use Hindi as the medium of education should be

encouraged.

iv. Sanskrit: Considering the special importance of Sanskrit to the growth and

development of Indian languages and its unique contribution to the cultural

unity of the country, facilities for its teaching at the school and university

stages should be offered on a more liberal scale. Development of new

methods of teaching the language should be encouraged, and the possibility

explored of including the study of Sanskrit in those courses (such as modern

Indian languages, ancient Indian history, Indology and Indian philosophy) at

the first and second degree stages, where such knowledge is useful.

v. International Languages: Special emphasis needs to be laid on the study of

English and other international languages. World knowledge is growing at a

tremendous pace, especially in science and technology. India must not only

keep up this growth but should also make her own significant contribution to

it. For this purpose, study of English deserves to be specially strengthened.

4. Equalization of Educational Opportunity

There is also equalization of educational opportunity. Strenuous efforts should be

made to equalize educational opportunity.

i. Regional imbalances in the provision of educational facilities should be

corrected and good educational facilities should be provided in rural and other

backward areas.

ii. To promote social cohesion and national integration the Common School

System as recommended by the Education Commission should be adopted.

Efforts should be made to improve the standard of education in general

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schools. All special schools like Public Schools should be required to admit

students on the basis of merit and also to provide a prescribed proportion of

free-studentships to prevent segregation of social classes. This will not,

however, affect the rights of minorities under Article 30 of the Constitution.

iii. The education of girls should receive emphasis, not only on grounds of social

justice, but also because it accelerates social transformation.

iv. More intensive efforts are needed to develop education among the backward

classes and especially among the tribal people.

v. Educational facilities for the physically and mentally handicapped children

should be expanded and attempts should be made to develop integrated

programmes enabling the handicapped children to study in regular schools.

5. Identification of Talent For the cultivation of excellence

It is necessary that talent in diverse fields should be identified at as early an age as

possible, and every stimulus and opportunity given for its full development.

6. Work-experience and National Service

The school and the community should be brought closer through suitable

programmes of mutual service and support. Work-experience and national service,

including participation in meaningful and challenging programmes of community

service and national reconstruction, should accordingly become an integral part of

education. Emphasis in these programmes should be on self-help, character

formation and on developing a sense of social commitment.

7. Science Education and Research

With a view to accelerating the growth of the national economy, science education

and research should receive high priority. Science and mathematics should be an

integral part of general education till the end of the school stage.

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8. Education for Agriculture and Industry

Special emphasis should be placed on the development of education for agriculture

and industry.

i. There should be at least one agricultural university in every State. These

should, as far as possible, be single campus universities; but where necessary,

they may have constituent colleges on different campuses.

ii. In technical education, practical training in industry should form an integral

part of such education.

iii. There should be a continuous review of the agricultural, industrial and other

technical manpower needs of the country and efforts should be made

continuously to maintain a proper balance between the output of the

educational institutions and employment opportunities.

9. Production of Books

The quality of books should be improved by attracting the best writing talent

through a liberal policy of incentives and remuneration. Immediate steps should be

taken for the production of high quality textbooks for schools and universities.

Special attention should be given to books for children and to university level

books in regional languages.

10. Examinations

A major goal of examination reforms should be to improve the reliability and

validity of examinations and to make evaluation a continuous process aimed at

helping the student to improve his level of achievement rather than at 'certifying'

the quality of his performance at a given moment of time.

11. Secondary Education

i. Educational opportunity at the secondary (and higher) level is a major

instrument of social change and transformation. Facilities for secondary

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education should accordingly be extended expeditiously to the areas and

classes which have been denied these in the past.

ii. There is a need to increase facilities for technical and vocational education at

this stage. Provision of facilities for secondary and vocational education

should conform broadly to the requirements of the developing economy and

real employment opportunities. Such linkage is necessary to make technical

and vocational education at the secondary stage effectively terminal.

12. University Education

i. The number of whole time students to be admitted to a college or university

department should be determined with reference to the laboratory, library and

other facilities and to the strength of the staff.

ii. Considerable care is needed in establishing new universities. These should be

started only after an adequate provision of funds has been made for the

purpose and due care has been taken to ensure proper standards.

iii. Special attention should be given to the organization of postgraduate courses

and to the improvement of standards of training and research at this level.

iv. Centres of advanced study should be strengthened and a small number of

'clusters of centres’ aiming at the highest possible standards in research and

training should be established.

v. There is a need to give increased support to research in universities generally.

The institutions for research should, as far as possible, function within the fold

of universities or in intimate association with them.

13. Part-time Education and Correspondence Courses

Part-time education and correspondence courses should be developed on a large

scale at the university stage. Such facilities should also be developed for secondary

school students, for teachers and for agricultural, industrial and other workers.

Education through part-time and correspondence courses should be given the same

status as full-time education. Such facilities will smoothen transition from school to

work, promote the cause of education and provide opportunities to the large

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number of people who have the desire to educate themselves further but cannot do

so on a full-time basis.

14. Spread of Literacy and Adult Education

i. The liquidation of mass illiteracy is necessary not only for promoting

participation in the working of democratic institutions and for accelerating

programmes of production, especially in agriculture, but for quickening the

tempo of national development in general. Employees in large commercial,

industrial and other concerns should come from the industrial undertakings in

the public sector. Teachers and students should be actively involved in

organizing literacy campaigns, especially as part of the social and National

Service Programme.

ii. Special emphasis should be given to the education of young practising farmers

and to the training of youth for self- employment.

iii. This will enhance the chances of literacy among the ST of rural areas.

15. Games and Sports

Games and sports should be developed on a large scale with the object of

improving the physical fitness and sportsmanship of the average student as well as

of those who excel in this department.

16. Education of Minorities

Games and sports should be made not only to protect the rights of minorities but to

promote their educational interests as suggested in the statement issued by the

conference of the Chief Ministers of States and Central ministers held in August

1961.

17. The Educational Structure

It will be advantageous to have a broadly uniform educational structure in all parts

of the country. The ultimate objective should be to adopt the 10+2+3 pattern, the

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higher secondary stage of two years being located in schools, colleges or both

according to local conditions.

F. National Committee on Women’s Education, 1970

A National Committee on Women’s Education was constituted for reviewing the progress

of women’s education of the country and suggesting measures for further development and

improvement. The main recommendations of the committee are following:

i. Priority should be given women’s education in future programme of the

development of education of the country;

ii. Discrimination between the education of boys and girls should be curbed and both

should expand on an equal footing;

iii. The national government should encourage states to launch various programmes

associated with the development of women’s education;

iv. Proper facilities and protection should be provided to women teachers serving in

the rural areas.

With the committee recommendations the government has taken more care on the

women education issues and they should implement the policies in a better way.

G. The National Policy on Education (NPE, 1968)

The National Policy on Education (NPE) is a policy formulated by the Government of

India to promote education amongst India's people. The policy covers elementary

education to colleges in both rural and urban India. The first NPE was promulgated in

1968 by the government of Prime Minister Indira Gandhi, and the second by Prime

Minister Rajiv Gandhi in 1986. It emphasizes three aspects in relation to elementary

education:

i. Universal access and enrolment;

ii. Universal retention of children up to 14 years of age;

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iii. A substantial improvement in the quality of education to enable all children to

achieve; and

iv. Revival of Sanskrit and other classical languages for contemporary use.

Since the nation's independence in 1947, the Indian government sponsored a variety of

programmes to address the problems of illiteracy in both rural and urban India. Maulana

Abul Kalam Azad, India's first Minister of Education envisaged strong central government

control over education throughout the country, with a uniform educational system. The

Union government established the University Education Commission (1948–1949) and the

Secondary Education Commission (1952–1953) to develop proposals to modernise India's

education system. The Resolution on Scientific Policy was adopted by the government

of Jawaharlal Nehru, India's first Prime Minister. The Nehru government sponsored the

development of high-quality scientific education institutions such as the Indian Institutes

of Technology. In 1961, the Union government formed the National Council of

Educational Research and Training (NCERT) as an autonomous organisation that would

advise both the Union and state governments on formulating and implementing education

policies.

Based on the report and recommendations of the Education Commission (1964–1966),

the government of Former Prime Minister Indira Gandhi announced the first National

Policy on Education in 1968, which called for a ‘radical restructuring’ and equalise

educational opportunities in order to achieve national integration and greater cultural and

economic development (NPE report, 1968) The policy called for fulfilling compulsory

education for all children up to the age of 14, as stipulated by the Constitution of India, and

the better training and qualification of teachers (NPE report,1968). The policy called for

focus on learning of regional languages, outlining the ‘three language formula’ to be

implemented in secondary education - the instruction of the English language, the official

language of the state where the school was based, and Hindi, the national language (NPE

report, 1968). Language education was seen as essential to reduce the gulf between

the intelligentsia and the masses. Although the decision to adopt Hindi as the national

language had proven controversial, the policy called for use and learning of Hindi to be

encouraged uniformly to promote a common language for all Indians (NEP report, 1968).

The policy also encouraged the teaching of the ancient Sanskrit language, which was

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considered an essential part of India's culture and heritage. The NPE of 1968 called for

education spending to increase to six per cent of the national income (NPE report, 1968).

H. The National Policy on Education, 1986

Having announced that a new policy was in development in January, 1985, the

government of Prime Minister Rajiv Gandhi introduced a new National Policy on

Education in May, 1986. The new policy called for “special emphasis on the removal of

disparities and to equalise educational opportunity”, especially for Indian

women, Scheduled Tribes (ST) and the Scheduled Caste (SC) communities. To achieve

these, the policy called for expanding scholarships, adult education, recruiting more

teachers from the SCs, incentives for poor families to send their children to school

regularly, development of new institutions and providing housing and services. The NPE

called for a ‘child-centred approach’ in primary education, and launched ‘Operation

Blackboard’ to improve primary schools nationwide. The policy expanded the Open

University system with the Indira Gandhi National Open University, which had been

created in 1985. The policy also called for the creation of the ‘rural university’ model,

based on the philosophy of Indian leader Mahatma Gandhi, to promote economic and

social development at the grassroots level in rural India. A committee was set up under the

chairmanship of Acharya Ramamurti in May 1990 to review NPE and to make

recommendations for its modifications. This Committee submitted its report in January

1992.The National Policy of 1968 marked a significant step in the history of education in

post-Independence India. It aimed to promote national progress, a sense of common

citizenship and culture, and to strengthen national integration. It laid stress on the need for

a radical reconstruction of the education system, to improve its quality at all stages, and

gave much greater attention to science and technology, the cultivation of moral values and

a closer relation between education and the life of the people.

Since the adoption of the 1968 Policy, there has been considerable expansion in

educational facilities all over the country at all levels. More than 90 per cent of the

country's rural habitations now have schooling facilities within a radius of one kilometre.

There has been sizeable augmentation of facilities at other stages also. Perhaps the most

notable development has been the acceptance of a common structure of education

throughout the Country and the introduction of the 10+2+3 system by most States. In the

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school curricula, in addition to laying down a common scheme of studies for boys and

girls, science and mathematics were incorporated as compulsory subjects and work

experience assigned a place of importance. A beginning was also made in restructuring of

courses at the undergraduate level. Centres of Advanced Studies were set up for post-

graduate education and research. And we have been able to meet our requirements of

educated manpower.

While these achievements are impressive by themselves, the general formulations

incorporated in the 1968 Policy did not, however, get translated into a detailed strategy of

implementation, accompanied by the assignment of specific responsibilities and financial

and organisational support. As a result, problems of access, quality, quantity, utility and

financial outlay, accumulated over the years, have now assumed such massive proportions

that they must be tackled with the utmost urgency. Education in India stands at the

crossroads today. Neither normal linear expansion nor the existing pace and nature of

improvement can meet the needs of the situation.

In the Indian way of thinking, a human being is a positive asset and a precious

national resource, which needs to be cherished, nurtured and developed with tenderness,

and care, coupled with dynamism. Each individual's growth presents a different range of

problems and requirements, at every stage from the womb to the tomb. The catalytic action

of Education in this complex and dynamic growth process needs to be planned

meticulously and executed with great sensitivity. India’s political and social life is passing

through a phase, which poses the danger of erosion to long-accepted values. The goats of

secularism, socialism, democracy and professional ethics are coming under increasing

strain.

The rural areas, with poor infrastructure and social services, will not get the benefit

of trained and educated youth, unless rural-urban disparities are reduced and determined

measures are taken to promote diversification and dispersal of employment opportunities.

The growth of our population needs to be brought down significantly over the coming

decades. The largest single factor that could help achieve this is the spread of literacy and

education among women. Life in the coming decades is likely to bring new tensions

together with unprecedented opportunities. To enable the people to benefit in the new

environment will require new designs of human resource development. The coming

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generations should have the ability to internalise new ideas constantly and creatively. They

have to be imbued with a strong commitment to human values and to social justice. All

this implies better education. Besides, a variety of new challenges and social needs make

it imperative for the Government to formulate and implement a new Education Policy for

the country. Nothing short of this will meet the situation (Part I, NEP, 1986).

The National Policy on Education 1986 is quite remarkable in the sense that for the

first time in the history of educational development in the country (perhaps in the world) a

separate section on ‘Education for Equality’ has been incorporated whose Preamble reads

"the new policy will lay special emphasis on the removal of disparities and to equalize

educational opportunity by attending to the specific needs of those who have been denied

equality so far” (National Policy on Education, 1986:6). The sub-section entitled

‘Education for Women’s Equality’ envisages three distinct functions of the education

system:

i. a positive interventionist role in the empowerment of women;

ii. development of new values through redesigned curricula and text books and

iii. promotion of women’s studies as part of various courses and to encourage

educational institutions to take up active programmes to further women’s

development.

The National Policy on Education 1986 recommended having undifferentiated

curriculum for both boys and girls up to secondary level. Consequently we are following

common undifferentiated curriculum for both boys and girls upto secondary level till date.

Besides, the National Policy on Education 1986 and its POA (revised in 1992) emphasized

the need to use education for promoting gender equality and for removing gender bias

from school curriculum, textbooks and curriculum transaction. To translate the

recommendations of NPE, 86 into action, the Government of India, especially the NCERT

has been working consistently for promoting gender equality through school curriculum,

textual material and curriculum transaction. The School Curriculum for Elementary and

Secondary Education brought out by NCERT in 1988 included Equality between Sexes as

one of the ten crore components of National Curriculum. The NCERT has evaluated its

textbooks from gender point of view. Several states have also evaluated their textbooks

and tried to make them gender inclusive. The NCERT and state/district level institutions

sensitise textbooks writers, teacher educators and teachers to promote gender equality

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through textbooks, other teaching-learning material and curriculum transaction. Today,

there is a need to adopt a substantive approach towards equality of outcome, where

diversity, differences and disadvantage are taken into account” (NCERT, 2005). It further

states “in order to make it possible for marginalised learners, especially girls to claim their

rights as well as play an active role in shaping collective life, education must empower

them to overcome the disadvantages of unequal socialization and enable them to develop

their capabilities of becoming equal citizens” (NCF 2005:6).

NCERT is in the process of writing new set of textbooks based on NCF 2005. Great

care has been taken not only to make them free from gender bias and gender stereotyping

but also to reflect contribution of women in different walks of life. Inspite of all these

efforts you may still find some textbooks (which are the main means of curriculum

transaction even today in rural remote areas) having gender bias/stereotyping, for example

the books showing:

1. pre-dominance of male characters

2. men in lead roles and women in passive/serving roles

3. pre dominance of males in occupational roles like doctors, farmers, leaders,

engineers, shopkeepers etc. and women appearing in domestic roles like mother,

wife, daughter, maid etc. You would have to take your own initiatives in undoing

the damage, which such textbooks and other teaching-learning material can do to

children by giving the message that men are powerful, strong and efficient and

women are weak, dependent and less efficient.

Curriculum Transaction Teacher’s expectation, encouragement and attitude

influence self-concept/ self-perception of children which in turn affects their academic

performance. A large number of our girls especially from rural areas have very low self

concept right from very early age (this is because of our socialization practices where boys

are valued more). Our socialization practices lead girls to believe that keeping quiet,

restrained and subdued are womanly virtues. The low self-concept among girls affects

their participation in classroom activities, their academic achievement and later on their

participation in non-traditional courses and occupations. Very few girls raise their hands to

answer difficult questions even if they know the answer especially in some subjects like

Science and Mathematics. Number of girls studying Science, Mathematics, Technical-

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professional courses is gradually increasing but is comparatively much lower than that of

boys still today. Your attitude and practises must nurture positive self-concept among girls.

You have to discover their potential and nurture it by giving appropriate opportunities and

encouragement. Through your classroom behaviour you must communicate to the girls

that they are as able, valuable and responsible as boys. The following hints may be useful

in improving participation of girls in schooling/classroom process.

• Do not segregate boys/girls in the classroom (if you are teaching in a co-

educational school) e.g. letting girls sit at one side and boys on the other side of the

classroom.

• Have two sets of monitors in a class- a girl and a boy.

• Give opportunities to both girls and boys to participate in all types of activities.

Discourage gender-based distribution of roles and responsibilities in school like

asking girls to receive a chief guest and boys to demonstrate gymnastics.

• For group activities make mixed groups of boys and girls.

• If girls in the class are passive listeners, make special efforts to improve their

participation e.g. by asking them to read aloud in class and directing questions at

them and encouraging them to answer.

• Avoid gender based allocation of activities under Work Education or work

experience e.g. cooking, sewing work for girls and maintenance of electrical

gadgets for boys.

• Discourage gender based participation of children in games, sports and cultural

activities organized in and outside the school.

Education for women’s equality

Education will be used as an agent of basic change in the status of woman. In order to

neutralise the accumulated distortions of the past, there will be a well-conceived edge in

favour of women. The National Education System will play a positive, interventionist role

in the empowerment of women. It will foster the development of new values through

redesigned curricula, textbooks, the training and orientation of teachers, decision-makers

and administrators, and the active involvement of educational institutions. This will be an

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act of faith and social engineering. Women’s studies will be promoted as a part of various

courses and educational institutions encouraged taking up active programmes to further

women's development (part IV, NEP, 1986). The removal of women’s illiteracy and

obstacles inhibiting their access to, and retention in, elementary education will receive

overriding priority, through provision of special support services, setting of time targets,

and effective monitoring. Major emphasis will be laid on women’s participation in

vocational, technical and professional education at different levels. The policy of non-

discrimination will be pursued vigorously to eliminate sex stereo-typing in vocational and

professional courses and to promote women’s participation in non-traditional occupations,

as well as in existing and emergent technologies (Part IV, NEP, 1986).

Education for Scheduled Tribe

The following measures will be taken urgently to bring the Scheduled Tribes on par with

others:

i. Priority will be accorded to opening primary schools in tribal areas. The

construction of school buildings will be undertaken in these areas on a priority basis

under the normal funds for education, as well as under the Jawahar Rozgar Yojana

(1989), Tribal Welfare Schemes, etc.

ii. By merging the two erstwhile wage employment programme – National Rural

Employment programme (NREP) and Rural Landless Employment Guarantee

Programme (RLEGP) the Jawahar Rozgar Yojana (JRY) was started with effect

from April, 1, 1989 on 80:20 cost sharing basis between the centre and the States.

The main objective of the JRY was additional gainful employment for the

unemployed and under-employed persons in rural areas. The other objective was the

creation of sustained employment by strengthening rural economic infrastructure

and assets in favour of rural poor for their direct and continuing benefits. Though

the people below the poverty line were the target group for employment, the

preference was to be given to the Scheduled Castes, Scheduled Tribes and freed

bonded labourers. Thirty percent of the employment opportunities were to be

reserved for women in rural areas. Gram Panchayats were to be involved in the

planning and implementation of the programme.

iii. The socio-cultural milieu of the STs has its distinctive characteristics including, in

many cases, their own spoken languages. This underlines the need to develop the

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curricula and devise Instructional materials in tribal languages at the initial stages,

with arrangements for switching over to the regional language.

iv. Educated and promising Scheduled Tribe youths will be encouraged and trained to

take up teaching in tribal areas.

v. Residential schools, including Ashram Schools, will be established on a large

scale.

vi. Incentive schemes will be formulated for the Scheduled Tribes, keeping in view

their special needs and life styles. Scholarships for higher education will emphasise

technical, professional and para-professional courses. Special remedial courses and

other programmes to remove psycho-social impediments will be provided to

improve their performance in various courses.

vii. Aanganwadis, Non-formal and Adult Education Centres will be opened on a priority

basis in areas predominantly inhabited by the Scheduled Tribes.

viii. The curriculum at all stages of education will be designed to create an awareness of

the rich cultural identity of the tribal people as also of their enormous creative talent

(Part IV, NEP, 1986).

With the specification of the education for Scheduled Tribe, there are so many

recommendations from different Commissions and Committee on educational

development of India in different era. But National Policy on Education, 1992 has been

totally the pathways towards ST’s educational enlighten up writs.

I. National Policy on Education, 1992

The 1986 National Policy on Education was modified in 1992 by the P.V. Narasimha

Rao government. In 2005, Prime Minister Manmohan Singh adopted a new policy based

on the ‘Common Minimum Programme’ of his United Progressive Alliance (UPA)

government. Programme of Action (PoA), 1992 under the National Policy on Education

(NPE), 1986 envisaged conduct of a common entrance examination on all India basis for

admission to professional and technical programmes in the country. For admission to

Engineering and Architecture/Planning programmes, Government of India vide Resolution

dated 18 October 2001 has laid down a Three – Exam Scheme (Joint Entrance

Examination and AIEEE at the National Level and the State Level Engineering Entrance

Examinations (SLEEE) for State Level Institutions – with an option to join AIEEE). This

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takes care of varying admission standards in these programmes and helps in maintenance

of professional standards. This also solves problems of overlaps and reduces physical,

mental and financial burden on students and their parents due to multiplicity of entrance

examinations.

All the schemes for the economic and financial support are directly linked with the

educational attainment rate so it is obvious that employment schemes will be successful

when education schemes are going to implement appropriately. This appropriateness has

done to more consciously for the tribal population. The tribes are very much sensitive

about their own traditions and identity so they have to make aware but with very much

care and attention. To make the education system more effective Government of India has

enacted The Right of Children to Free and Compulsory Education Act, 2009.

J. The Right of Children to Free and Compulsory Education Act, 2009

An Act to provide for free and compulsory education to all children of the age of six to

fourteen years has been enacted. Be it enacted by Parliament in the Sixtieth Year of the

Republic of India as follows:

1. Short title, extent and commencement:

a. This Act may be called the Right of Children to Free and Compulsory

Education Act, 2009.

b. It shall extend to the whole of India except the State of Jammu and Kashmir.

c. It shall come into force on such date13 as the Central Government may, by

notification in the Official Gazette, appoint.

d. 14[Subject to the provisions of articles 29 and 30 of the Constitution, the

provisions of this Act shall apply to conferment of rights on children to free

and compulsory education.

e. Nothing contained in this Act shall apply to Madras as, Vedic Pathsalas and

educational institutions primarily imparting religious instruction.]

13

1st April, 2010, vide Notification No. S.O. 428(E), dated the 16th February, 2010, see Gazette of India, Extraordinary, 2010, Pt.II, s.3,

sub-section (i). 14

Ins. by Act 30 of 2012, s. 2 (w.e.f 25-07-2012).

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2. Definitions: In this Act, unless the context otherwise requires,

a. ‘appropriate Government’ means-

• in relation to a school established, owned or controlled by the Central

Government, or the administrator of the Union territory, having no legislature,

the Central Government;

• in relation to a school, other than the school referred to in sub-clause (i),

established within the territory of –

(A) a State, the State Government;

(B) a union territory having legislature, the Government of that Union

territory;

b. ‘capitation fee’ means any kind of donation or contribution or payment other

than the fee notified by the school;

c. ‘child’ means a male or female child of the age of six to fourteen years;

d. ‘child belonging to disadvantaged group’ means 15[a child with disability or] a

child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and

educationally backward class or such other group having disadvantage owing to

social, cultural, economic, geographical, linguistic, gender or such other factor,

as may be specified by the appropriate Government, by notification;

e. ‘child belonging to weaker section’ means a child belonging to such parent or

guardian whose annual income is lower than the minimum limit specified by

the appropriate Government, by notification; 16[(ee) ‘child with disability’

includes,

• a child with ‘disability’ as defined in clause (i) of section 2 of the Persons

with Disabilities (Equal Opportunities, Protection of Rights and Full

Participation) Act, 1995, (1 of 1996).

15

Ins. by s. 3, ibid (w.e.f 25-07-2012). 16

Ins. by s. 3, ibid (w.e.f 25-07-2012)

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• a child, being a person with disability as defined in clause (j) of section 2

of the National Trust for Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act, 1999; 44 of 1999(C) a

child with ‘severe disability’ as defined in clause (o) of section 2 of the

National Trust for Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act, 1999]( 44 of 1999).

f. ‘elementary education’ means the education from first class to eighth class;

g. ‘guardian’, in relation to a child, means a person having the care and custody

of that child and includes a natural guardian or guardian appointed or declared

by a court or a statute;

h. ‘local authority’ means a Municipal Corporation or Municipal Council or Zila

Parishad or Nagar Panchayat or Panchayat, by whatever name called, and

includes such other authority or body having administrative control over the

school or empowered by or under any law for the time being in force to

function as a local authority in any city, town or village;

i. ‘National Commission for Protection of Child Rights’ means the National

Commission for Protection of Child Rights constituted under section 3 of the

Commissions for Protection of Child Rights Act, 2005; (4 of 2006).

j. ‘notification’ means a notification published in the Official Gazette;

k. ‘parent’ means either the natural or step or adoptive father or mother of a child;

l. ‘prescribed’ means prescribed by rules made under this Act;

m. ‘Schedule’ means the Schedule annexed to this Act;

n. ‘school’ means any recognised school imparting elementary education and

includes-

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i. a school established, owned or controlled by the appropriate Government or a

local authority;

ii. an aide school receiving aid or to meet whole or part of its expenses from the

appropriate Government or the local authority;

iii. a school belonging to specified category; and

iv. an unaided school not receiving any kind of aid or grants to meet its expenses

from the appropriate Government or the local authority;

o. ‘screening procedure’ means the method of selection for admission of a child,

in preference over another, other than a random method;

p. ‘specified category’, in relation to a school, means a school known as Kendriya

Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a

distinct character which may be specified, by notification, by the appropriate

government;

q. ‘State Commission for Protection of Child Rights’ means the State

Commission for Protection of Child Rights constituted under section 3 of the

Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

3. Right of child to free and compulsory education:

17[(1) Every child of the age of six to fourteen years, including a child referred to in

clause (d) or clause (e) of section 2 shall have the right to free and compulsory education

in a neighbourhood school till the completion of his or her elementary education.]1819[(3)

A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall,

without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995, and a child referred to in sub-

clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and

compulsory elementary education which children with disabilities have under the

provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection

17

Subs. by s. 4, ibid for sub-section (1) (w.e.f 25-07-2012). 18

Proviso omitted by s. 4, ibid (w.e.f 25-07-2012). 19

Ins. by s. 4, ibid (w.e.f 25-07-2012).

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of Rights and Full Participation) Act, 1995: 1 of 1996 Provided that a child with ‘multiple

disabilities’ referred to in clause (h) and a child with ‘severe disability’ referred to in

clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities Act, 1999 may also have the right to

opt for home-based education] (44 of 1999).

4. Special provisions for children not admitted to, or who have not completed,

elementary education:

Where a child above six years of age has not been admitted in any school or though

admitted, could not complete his or her elementary education, then, he or she shall be

admitted in a class appropriate to his or her age: Provided that where a child is directly

admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par

with others, have a right to receive special training, in such manner, and within such time-

limits, as may be prescribed: Provided further that a child so admitted to elementary

education shall be entitled to free education till completion of elementary education even

after fourteen years.

5. Right of transfer to other school:

a. Where in a school, there is no provision for completion of elementary education, a

child shall have a right to seek transfer to any other school, excluding the school

specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his

or her elementary education.

6. Duty of appropriate Government and local authority to establish school:

For carrying out the provisions of this Act, the appropriate Government and the

local authority shall establish, within such area or limits of neighbourhood, as may be

prescribed, a school, where it is not so established, within a period of three years from the

commencement of this Act.

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7. Sharing of financial and other responsibilities:

a. The Central Government and the State Governments shall have concurrent

responsibility for providing funds for carrying out the provisions of this Act.

b. The Central Government shall prepare the estimates of capital and recurring

expenditure for the implementation of the provisions of the Act.

8. Duties of appropriate Government:

The appropriate government shall(a) provide free and compulsory elementary

education to every child: Provided that where a child is admitted by his or her parents or

guardian, as the case may be, in a school other than a school established, owned,

controlled or substantially financed by funds provided directly or indirectly by the

appropriate government or a local authority, such child or his or her parents or guardian,

as the case may be, shall not be entitled to make a claim for reimbursement of expenditure

incurred on elementary education of the child in such other school.

Explanation: The term ‘compulsory education’ means obligation of the appropriate

Government to-

a. provide free elementary education to every child of the age of six to fourteen years;

and

b. ensure compulsory admission, attendance and completion of elementary education

by every child of the age of six to fourteen years;

c. ensure availability of a neighbourhood school as specified in section 6;

d. ensure that the child belonging to weaker section and the child belonging to

disadvantaged group are not discriminated against and prevented from pursuing

and completing elementary education on any grounds;

e. provide infrastructure including school building, teaching staff and learning

equipment;

f. provide special training facility specified in section 4;

g. ensure and monitor admission, attendance and completion of elementary education

by every child;

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h. ensure good quality elementary education conforming to the standards and norms

specified in the Schedule;

i. ensure timely prescribing of curriculum and courses of study for elementary

education; and

j. provide training facility for teachers.

9. Duties of local authority: Every local authority shall:

a. provide free and compulsory elementary education to every child: Provided

that where a child is admitted by his or her parents or guardian, as the case

may be, in a school other than a school established, owned, controlled or

substantially financed by funds provided directly or indirectly by the

appropriate Government or a local authority, such child or his or her parents

or guardian, as the case may be, shall not be entitled to make a claim for

reimbursement of expenditure incurred on elementary education of the child

in such other school;

b. ensure availability of a neighbourhood school as specified in section 6;

c. ensure that the child belonging to weaker section and the child belonging to

disadvantaged group are not discriminated against and prevented from

pursuing and completing elementary education on any grounds;

d. maintain records of children up to the age of fourteen years residing within its

jurisdiction, in such manner as may be prescribed;

e. ensure and monitor admission, attendance and completion of elementary

education by every child residing within its jurisdiction;(f) provide

infrastructure including school building teaching staff and learning material;

f. provide special training facility specified in section 4;

g. ensure good quality elementary education conforming to the standards and

norms specified in the Schedule;

h. ensure timely prescribing of curriculum and courses of study for elementary

education;

i. provide training facility for teachers;

j. ensure admission of children of migrant families;

k. monitor functioning of schools within its jurisdiction; and

l. decide the academic calendar.

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10. Duty of parents and guardian:

It shall be the duty of every parent or guardian to admit or cause to be admitted his or

her child or ward, as the case may be, to an elementary education in the

neighbourhood school.

11. Appropriate government to provide for pre-school education:

With a view to prepare children above the age of three years for elementary

education and to provide early childhood care and education for all children until they

complete the age of six years, the appropriate Government may make necessary

arrangement for providing free pre-school education for such children.

12. Extent of school’s responsibility for free and compulsory education:

a. For the purposes of this Act, a school,-

i. Specified in sub-clause (i) of clause (n) of section 2 shall provide free and

compulsory elementary education to all children admitted therein;

ii. specified in sub-clause (ii) of clause (n) of section 2 shall provide free and

compulsory elementary education to such proportion of children admitted

therein as its annual recurring aid or grants so received bears to its annual

recurring expenses, subject to a minimum of twenty-five per cent.

iii. Specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in

class I, to the extent of at least twenty-five per cent. of the strength of that

class, children belonging to weaker section and disadvantaged group in the

neighbourhood and provide free and compulsory elementary education till its

completion: Provided further that where a school specified in clause (n) of

section 2 imparts pre-school education, the provisions of clauses (a) to (c)

shall apply for admission to such pre-school education.

b. The school specified in sub-clause (iv) of clause (n) of section 2 providing free and

compulsory elementary education as specified in clause (c) of sub-section (1) shall

be reimbursed expenditure so incurred by it to the extent of per-child-expenditure

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incurred by the State, or the actual amount charged from the child, whichever is

less, in such manner as may be prescribed: Provided that such reimbursement shall

not exceed per-child-expenditure incurred by a school specified in sub-clause (i) of

clause (n) of section 2: Provided further that where such school is already under

obligation to provide free education to a specified number of children on account

of it having received any land, building, equipment or other facilities, either free of

cost or at a concessional rate, such school shall not be entitled for reimbursement

to the extent of such obligation.

c. Every school shall provide such information as may be required by the

appropriate Government or the local authority, as the case may be.

13. No capitation fee and screening procedure for admission:

No school or person shall, while admitting a child, collect any capitation fee and

subject the child or his or her parents or guardian to any screening procedure.

14. Proof of age for admission:

a. For the purposes of admission to elementary education, the age of a child shall be

determined on the basis of the birth certificate issued in accordance with the

provisions of the Births, Deaths and Marriages Registration Act, 1886 or on the

basis of such other document, as may be prescribed. 6 of 1886.

b. No child shall be denied admission in a school for lack of age proof.

15. No denial of admission:

A child shall be admitted in a school at the commencement of the academic year or

within such extended period as may be prescribed: Provided that no child shall be

denied admission if such admission is sought subsequent to the extended period:

Provided further that any child admitted after the extended period shall complete his

studies in such manner as may be prescribed by the appropriate Government.

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16. Prohibition of holding back and expulsion:

No child admitted in a school shall be held back in any class or expelled from school

till the completion of elementary education.

17. Prohibition of physical punishment and mental harassment to child:

a. No child shall be subjected to physical punishment or mental harassment.

b. Whoever contravenes the provisions of sub-section (1) shall be liable to

disciplinary action under the service rules applicable to such person.

18. No School to be established without obtaining certificate of recognition:

No school, other than a school established, owned or controlled by the appropriate

Government or the local authority, shall, after the commencement of this Act, be

established or function, without obtaining a certificate of recognition from such

authority, by making an application in such form and manner, as may be

prescribed.

19. Norms and standards for school:

No school shall be established, or recognised, under section 18, unless it fulfils the

norms and standards specified in the Schedule.

20. Power to amend Schedule:

The Central Government may, by notification, amend the Schedule by adding to, or

omitting there from, any norms and standards.

21. School Management Committee:

A school, other than a school specified in sub-clause (iv) of clause (n) of section 2,

shall constitute a School Management Committee consisting of the elected

representatives of the local authority, parents or guardians of children admitted in

such school and teachers: Provided that at least three-fourth of members of such

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Committee shall be parents or guardians: Provided further that proportionate

representation shall be given to the parents or guardians of children belonging to

disadvantaged group and weaker section: Provided also that fifty per cent of

Members of such Committee shall be women.

22. School Development Plan:

a. Every 20[School Management Committee, except the School Management

Committee in respect of a school established and administered by minority,

whether based on religion or language and an aided school as defined in sub-

clause (ii) of clause (n) of section 2, constituted] under sub-section (1) of

section 21, shall prepare a School Development Plan, in such manner as may

be prescribed.

b. The School Development Plan so prepared under sub-section (1) shall be the

basis for the plans and grants to be made by the appropriate Government or

local authority, as the case may be.

23. Qualifications for appointment and terms and conditions of service of

teachers:

a. Any person possessing such minimum qualifications, as laid down by an

academic authority, authorised by the Central Government, by notification,

shall be eligible for appointment as a teacher.

b. The salary and allowances payable to, and the terms and conditions of service

of, teachers shall be such as may be prescribed.

24. Duties of teachers and redressal of grievances:

a. A teacher appointed under sub-section (1) of section 23 shall perform the

following duties, namely:--

i. maintain regularity and punctuality in attending school;

ii. conduct and complete the curriculum in accordance with the provisions of

sub-section (2) of section 29;

iii. complete entire curriculum within the specified time;

20

Subs. by s. 6, ibid for “School Management Committee, constituted” (w.e.f 25-07-2012).

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iv. assess the learning ability of each child and accordingly supplement additional

instructions, if any, as required;

v. hold regular meetings with parents and guardians and apprise them about the

regularity in attendance, ability to learn, progress made in learning and any

other relevant information about the child; and

vi. perform such other duties as may be prescribed.

b. A teacher committing default in performance of duties specified in sub-section

(1), shall be liable to disciplinary action under the service rules applicable to

him or her: Provided that before taking such disciplinary action, reasonable

opportunity of being heard shall be afforded to such teacher.

c. The grievances, if any, of the teacher shall be redressed in such manner as may

be prescribed.

25. Pupil-Teacher Ratio:

a. 21[Within three years] from the date of commencement of this Act, the

appropriate Government and the local authority shall ensure that the Pupil-

Teacher Ratio, as specified in the Schedule, is maintained in each school.

b. For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1),

no teacher posted in a school shall be made to serve in any other school or

office or deployed for any non-educational purpose, other than those specified

in section 27.

26. Filling up vacancies of teachers:

The appointing authority, in relation to a school established, owned, controlled or

substantially financed by funds provided directly or indirectly by the appropriate

Government or by a local authority, shall ensure that vacancy of teacher in a school

under its control shall not exceed ten per cent/of the total sanctioned strength.

21

Subs. by s. 7, ibid for “within six months” (w.e.f 25-07-2012).

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27. Prohibition of deployment of teachers for non-educational purposes:

No teacher shall be deployed for any non-educational purposes other than the

decennial population census, disaster relief duties or duties relating to elections to the

local authority or the State Legislatures or Parliament, as the case may be.

28. Prohibition of private tuition by teacher:

No teacher shall engage himself or herself in private tuition or private teaching

activity.

29. Curriculum and evaluation procedure:

a. The curriculum and the evaluation procedure for elementary education shall be

laid down by an academic authority to be specified by the appropriate

Government, by notification.

b. The academic authority, while laying down the curriculum and the evaluation

procedure under subsection (1), shall take into consideration the following,

namely:

i. Conformity with the values enshrined in the Constitution;

ii. All round development of the child;

iii. Building up child's knowledge, potentiality and talent;

iv. Development of physical and mental abilities to the fullest extent;

v. Learning through activities, discovery and exploration in a child friendly

and child-centred manner;

vi. Medium of instructions shall, as far as practicable, be in child's mother

tongue;

vii. Making the child free of fear, trauma and anxiety and helping the child to

express views freely;

viii. Comprehensive and continuous evaluation of child understands of

knowledge and his or her ability to apply the same.

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30. Examination and completion certificate:

a. No child shall be required to pass any Board examination till completion of

elementary education.

b. Every child completing his elementary education shall be awarded a

certificate, in such form and in such manner, as may be prescribed.

31. Monitoring of child's right to education:

a. The National Commission for Protection of Child Rights constituted under

section 3, or, as the case may be, the State Commission for Protection of Child

Rights constituted under section 17, of the Commissions for Protection of Child

Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to

them under that Act, also perform the following functions, namely:

i. examine and review the safeguards for rights provided by or under

this Act and recommend measures for their effective implementation;

ii. inquire into complaints relating to child's right to free and compulsory

education; and

iii. take necessary steps as provided under sections 15 and 24 of the said

Commissions for Protection of Child Rights Act.

b. The said Commissions shall, while inquiring into any matters relating to child’s

right to free and compulsory education under clause (c) of sub-section (1), have

the same powers as assigned to them respectively under sections 14 and 24 of

the said Commissions for Protection of Child Rights Act, 2005.

c. Where the State Commission for Protection of Child Rights has not been

constituted in a State, the appropriate Government may, for the purpose of

performing the functions specified in clauses (a) to (c) of sub-section (1),

constitute such authority, in such manner and subject to such terms and

conditions, as may be prescribed.

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32. Redressal of grievances:

a. Notwithstanding anything contained in section 31, any person having any

grievance relating to the right of a child under this Act may make a written

complaint to the local authority having jurisdiction.

b. After receiving the complaint under sub-section (1), the local authority shall

decide the matter within a period of three months after affording a reasonable

opportunity of being heard to the parties concerned.

c. Any person aggrieved by the decision of the local authority may prefer an

appeal to the State Commission for Protection of Child Rights or the authority

prescribed under sub-section (3) of section 31, as the case may be.

d. The appeal preferred under sub-section (3) shall be decided by State

Commission for Protection of Child Rights or the authority prescribed under

sub-section (3) of section 31, as the case may be, as provided under clause (c)

of sub-section (1) of section 31.

33. Constitution of National Advisory Council:

a. The Central Government shall constitute, by notification, a National

Advisory Council, consisting of such number of Members, not exceeding

fifteen, as the Central Government may deem necessary, to be appointed

from amongst persons having knowledge and practical experience in the field

of elementary education and child development.

b. The functions of the National Advisory Council shall be to advise the Central

Government on implementation of the provisions of the Act in an effective

manner.

c. The allowances and other terms and conditions of the appointment of

Members of the National Advisory Council shall be such as may be

prescribed.

34. Constitution of State Advisory Council:

a. The State Government shall constitute, by notification, a State Advisory

Council consisting of such number of Members, not exceeding fifteen, as the

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State Government may deem necessary, to be appointed from amongst

persons having knowledge and practical experience in the field of elementary

education and child development.

b. The functions of the State Advisory council shall be to advise the State

Government on implementation of the provisions of the Act in an effective

manner.

c. The allowances and other terms and conditions of appointment of Members

of the State Advisory Council shall be such as may be prescribed.

35. Power to issue directions:

a. The Central Government may issue such guidelines to the appropriate

Government or, as the case may be, the local authority, as it deems fit for the

purposes of implementation of the provisions of this Act.

b. The appropriate Government may issue guidelines and give such directions,

as it deems fit, to the local authority or the School Management Committee

regarding implementation of the provisions of this Act.

c. The local authority may issue guidelines and give such directions, as it

deems fit, to the School Management Committee regarding implementation

of the provisions of this Act.

36. Previous sanction for prosecution:

No prosecution for offences punishable under sub-section (2) of section 13, sub-

section (5) of section 18 and sub-section (5) of section 19 shall be instituted except

with the previous sanction of an officer authorised in this behalf, by the appropriate

Government, by notification.

37. Protection of action taken in good faith:

No suit or other legal proceeding shall lie against the Central Government, the

State Government, the National Commission for Protection of Child Rights, the State

Commission for Protection of Child Rights, the local authority, the School

Management Committee or any person, in respect of anything which is in good faith

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done or intended to be done, in pursuance of this Act, or any rules or order made there

under.

38. Power of appropriate Government to make rules:

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

provisions of this Act.

39. 22Power of Central Government to remove difficulties:

If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order, published in the Official Gazette, make such

provisions not inconsistent with the provisions of this Act, as may appear to it to be

necessary for removing the difficulty.

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the

Constitution of India to provide free and compulsory education of all children in the age

group of six to fourteen years as a Fundamental Right in such a manner as the State may,

by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act,

2009, which represents the consequential legislation envisaged under Article 21-A, means

that every child has a right to full time elementary education of satisfactory and equitable

quality in a formal school which satisfies certain essential norms and standards. Article 21-

A and RTE Act, 2009 came into effect on 1 April 2010. The title of the RTE Act, 2009

incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other

than a child who has been admitted by his or her parents to a school which is not supported

by the appropriate Government, shall be liable to pay any kind of fee or charges or

expenses which may prevent him or her from pursuing and completing elementary

education. ‘Compulsory education’ casts an obligation on the appropriate Government and

local authorities to provide and ensure admission, attendance and completion of

elementary education by all children in the 6-14 age groups. With this, India has moved

forward to a rights based framework that casts a legal obligation on the Central and State

Governments to implement this fundamental child right as enshrined in the Article 21A of

22

Ins. by s. 8, ibid (w.e.f 25-07-2012).

131

the Constitution, in accordance with the provisions of the RTE Act, 2009. The RTE Act,

2009 provides for the:

• Right of children to free and compulsory education till completion of elementary

education in a neighbourhood school.

• It clarifies that ‘compulsory education’ means obligation of the appropriate

government to provide free elementary education and ensure compulsory

admission, attendance and completion of elementary education to every child in the

six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind

of fee or charges or expenses which may prevent him or her from pursuing and

completing elementary education.

• It makes provisions for a non-admitted child to be admitted to an age appropriate

class.

• It specifies the duties and responsibilities of appropriate Governments, local

authority and parents in providing free and compulsory education, and sharing of

financial and other responsibilities between the Central and State Governments.

• It lays down the norms and standards relating inter alia to Pupil Teacher Ratios

(PTRs), buildings and infrastructure, school-working days, teacher-working hours.

• It provides for rational deployment of teachers by ensuring that the specified pupil

teacher ratio is maintained for each school, rather than just as an average for the

State or District or Block, thus ensuring that there is no urban-rural imbalance in

teacher postings. It also provides for prohibition of deployment of teachers for non-

educational work, other than decennial census, elections to local authority, state

legislatures and parliament, and disaster relief.

• It provides for appointment of appropriately trained teachers, i.e. teachers with the

requisite entry and academic qualifications.

• It prohibits-

a. physical punishment and mental harassment;

132

b. screening procedures for admission of children;

c. capitation fee;

d. private tuition by teachers and

e. running of schools without recognition.

• It provides for development of curriculum in consonance with the values enshrined

in the Constitution, and which would ensure the all-round development of the

child, building on the child’s knowledge, potentiality and talent and making the

child free of fear, trauma and anxiety through a system of child friendly and child

centred learning.

K. SARVA SHIKSHA ABHIYAN (SSA)

SSA has been operational since 2000-2001 to provide for a variety of interventions for

universal access and retention, bridging of gender and social category gaps in elementary

education and improving the quality of learning. SSA interventions include inter alia,

opening of new schools and alternate schooling facilities, construction of schools and

additional classrooms, toilets and drinking water, provisioning for teachers, regular teacher

in service training and academic resource support, free textbooks& uniforms and support

for improving learning achievement levels / outcome. With the passage of the RTE Act,

2009 changes have been incorporated into the SSA approach, strategies and norms. The

changes encompass the vision and approach to elementary education, guided by the

following principles:

• Holistic view of education, as interpreted in the National Curriculum Framework

2005, with implications for a systemic revamp of the entire content and process of

education with significant implications for curriculum, teacher education,

educational planning and management.

• Equity, to mean not only equal opportunity, but also creation of conditions in

which the disadvantaged sections of the society – children of SC, ST, Muslim

minority, landless agricultural workers and children with special needs, etc. – can

avail of the opportunity.

• Access, not to be confined to ensuring that a school becomes accessible to all

children within specified distance but implies an understanding of the educational

133

needs and predicament of the traditionally excluded categories – the SC, ST and

others sections of the most disadvantaged groups, the Muslim minority, girls in

general, and children with special needs.

• Gender concern, implying not only an effort to enable girls to keep pace with boys

but to view education in the perspective spelt out in the National Policy on

Education 1986 /92; i.e. a decisive intervention to bring about a basic change in the

status of women.

• Centrality of teacher, to motivate them to innovate and create a culture in the

classroom, and beyond the classroom, that might produce an inclusive environment

for children, especially for girls from oppressed and marginalised backgrounds.

• Moral compulsion is imposed through the RTE Act, 2009 on parents, teachers,

educational administrators and other stakeholders, rather than shifting emphasis on

punitive processes.

• Convergent and integrated system of educational management is pre-requisite for

implementation of the RTE law. All states must move in that direction as speedily

as feasible.

L. OTHER INCENTIVE PROGRAMMES TO PROMOTE EDUCATION

• Education Guarantee Scheme (EGS) and Alternative & Innovative Education

(AIE)

The EGS and AIE are an important component of SSA to bring out-of-school

children in the fold of elementary education. The scheme envisages that child-wise

planning is undertaken for each out of school child. The EGS was initially designed to

specifically address the issue of access. The EGS & AIE cover children in the age group of

6-14 years, however, for children with disabilities, it cover children up to the age of 18

years complying with the provisions of Persons with Disabilities (Equal Opportunities,

Protection or Rights and full Participation) Act, 1995 of India. EGS & AIE is based on the

assumption that the planning for universalization of elementary education (UEE) for all

children in the 6-14 years age group should be done in a holistic manner. The EGS & AIE

clearly states that every district should initially target enrolment of all children in the 6-8

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years age group in formal schools only (with some motivational camps or bridge courses,

if necessary). For elder children (9-11 years age) also, the effort should be towards

mainstreaming (admitting children to formal schools) through appropriate interventions

like bridge courses, residential camps etc.

• Integrated Child Development Services (ICDS)

ICDS is an Indian government welfare programme which provides food, preschool

education, and primary healthcare to children less than 6 years of age and their mothers.

These services are provided from Anganwadi centres established mainly in rural areas and

staffed with frontline workers. In addition to fighting malnutrition and ill health, the

programme is also intended to combat gender inequality by providing girls the same

resources as boys.

A study found that the ICDS programme (2005) was not particularly effective in

reducing malnutrition, largely because of implementation problems and because the

poorest states had received the least coverage and funding. During the 2012–13 fiscal year,

the Indian central government spent INR 159 billion (roughly USD 2.9 billion) on the

programme. Majority of children in India have underprivileged childhoods starting from

birth. The infant mortality rate of Indian children is 44 and the under-five mortality rate is

93 and 25% of newborn children are underweight among other nutritional, immunization

and educational deficiencies of children in India. Figures for India are substantially worse

than the developing country average.

ICDS was launched in 1975in accordance to the National Policy for Children in

India. Over the years it has grown into one of the largest integrated family and community

welfare schemes in the world. Given its effectiveness over the last few

decades, Government of India has committed towards ensuring universal availability of the

programme. This programmes are been very useful in the rural tribal areas with their own

people means the implementing authority has been taken good care in the vulnerable areas.

The predefined objectives of ICDS are:

1. To raise the health and nutritional level of poor Indian children below 6 years of

age.

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2. To create a base for proper mental, physical and social development of children

in India.

3. To reduce instances of mortality, malnutrition and school dropouts among

Indian children.

4. To coordinate activities of policy formulation and implementation among all

departments of various ministries involved in the different government

programmes and schemes aimed at child development across India.

5. To provide health and nutritional information and education to mothers of young

children to enhance child rearing capabilities of mothers in the country of India.

6. To provide nutritional food to the mothers of young children & also at the time

of pregnancy period.

The following services are sponsored under ICDS to help achieve its objectives:

a. Immunization

b. Supplementary nutrition

c. Health check-up

d. Referral services

e. Pre-school non formal education

f. Nutrition and Health information.

For nutritional purposes ICDS provides 300 kilocalories (with 8-10 grams of

protein) every day to every child below 6 years of age. For adolescent girls it is up to 500

kilo calories with up to 25 grams of protein every day. The services of Immunisation,

Health Check-up and Referral Services delivered through Public Health Infrastructure

under the Ministry of Health and Family Welfare. UNICEF has provided essential supplies

for the ICDS scheme since 1975. These standards were developed by World Health

Organization (WHO) through an intensive study of six developing countries since 1997.

They are known as New WHO Child Growth Standard and measure of physical growth,

nutritional status and motor development of children from birth to 5 years age (ICDS,

2011).

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• National Programme of Nutritional Support to Primary Education (NP-

NSPE) or Mid-Day Meal Scheme

With a view to enhancing enrolment, retention and attendance and simultaneously

improving nutritional levels among children, the National Programme of Nutritional

Support to Primary Education (NP-NSPE) was launched as a Centrally Sponsored Scheme

on 15th August 1995. In 2001 MDMS became a cooked Mid-Day Meal Scheme under

which every child in every Government and Government aided primary school was to be

served a prepared Mid-Day Meal with a minimum content of 300 calories of energy and 8-

12 gram protein per day for a minimum of 200 days. The Scheme was further extended in

2002 to cover not only children studying in Government, Government aided and local

body schools, but also children studying in Education Guarantee Scheme (EGS) and

Alternative & Innovative Education (AIE) centres.

In October 2007, the Scheme was extended to cover children of upper primary

classes (i.e. class VI to VIII) studying in 3,479 Educationally Backwards Blocks (EBBs)

and the name of the Scheme was changed from ‘National Programme of Nutritional

Support to Primary Education’ to ‘National Programme of Mid-Day Meal in Schools’. The

nutritional norm for upper primary stage was fixed at 700 Calories and 20 grams of

protein. The Scheme was extended to all areas across the country from 1.4.2008. The

Scheme was further revised in April 2008 to extend the scheme to recognized as well as

unrecognized Madarsas / Maqtabs (Educational institutions for Muslim students)

supported under SSA.

• The National Programme for Education of Girls at Elementary Level as a

Component of the Scheme of Sarva Shiksha Abhiyan

The Government has approved a new programme called ‘The National Programme

for Education of Girls at Elementary Level’ as an amendment to the scheme of Sarva

Shiksha Abhiyan for providing additional components for Education of Girls at

Elementary Level.

1. NPEGEL forms part of SSA and is being implemented under the umbrella of SSA

but with a distinct identity.

2. NPEGEL has been formulated for education of under privileged or disadvantaged

girls from Class I to Class VIII as a separate and distinct gender component plan of

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SSA. The gender component is necessary to achieve UEE for girls in educationally

backward areas. The scheme is applicable in the following areas:

i. Educationally Backward Blocks, where rural female literacy is less than the

national average (46.13%, Census 2011) and the gender gap is above the

national average (21.59%, Census 2011).

ii. Blocks of Districts having at least 5% SC/ST population and SC/ST female

literacy rate below 10% shall also be taken up under this programme.

iii. Selected Urban Slums.

• The Kasturba Gandhi BalikaVidyalayas (KGBVs)

The Kasturba Gandhi Balika Vidyalayas (KGBVs) scheme was launched by the

Government of India in August 2004 for setting up residential schools at upper primary

level for girls belonging predominantly to the SC, ST, OBC and Minorities in difficult

areas. The scheme of the KGBV ran as a separate scheme but in harmony with the SSA,

NPEGEL and Mahila Samkhya (MS) for the first 2 years but since 1st April 2007 merged

with the SSA programme as a separate component of that programme. The scheme is

applicable in Educationally Backward Blocks having following criteria:

1. Concentration of tribal population with low female literacy (below national

average) and /or a large number of girls out of school.

2. Concentration of SC, OBC and Minority populations with low female literacy

(below national average) and /or a large number of girls out of school.

3. Areas with low female literacy (below national average).

4. Areas with a large number of small scattered habitations that do not qualify for a

school.

• Rastriya Madhyamik Shiksha Abhiyan (RMSA)

Like Sarva Shiksha Abhiyan (SSA), the Department of School Education and Literacy

of the Ministry of Human Resource Development (MHRD), Government of India is in the

process of launching Rastriya Madhyamic Shiksha Abhiyan (RMSA) with an aim to

achieve Universal Access and Quality Secondary Education. This section of Education for

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all in India presents details of activities that have been launched recently in this direction.

Under RMSA, the responsibility to develop Secondary-Education Management

Information system (SE-MIS) is given to the Department of Educational Planning,

National University of Educational Planning and Administration (NUEPA), New Delhi. In

2006, a CABE sub-committee on Secondary Education was constituted.

• Information and Communication Technology (ICT at School Scheme)

Computer education was introduced in 757 Schools and School Education

Department has covered 543 schools under the Centrally Sponsored Scheme of

Information and Communication Technology in schools benefiting 35,751 students with

286 full time teachers recruited through S.S.C in 2007-08. In 2008-09, the State

Government is implementing ICT @ School scheme for the secondary stage through West

Bengal Board of Secondary Education and 1400 schools will be covered under ICT

Scheme as approved by MHRD, Government of India. Computer Technology is applied as

Learning Aid for the learners at Upper Primary School Level. Under Computer Aided

Learning (CAL) Programme, 610 schools have been provided computers with educational

CDs and 1512 teachers have been oriented.

• Mahila Samakhya programme

“Education will be used as an agent of basic change in the status of woman. In

order to neutralise the accumulated distortions of the past, there will be a well-conceived

edge in favour of women. The National Education System will play a positive,

interventionist role in the empowerment of women. It will foster the development of new

values through redesigned curricula, textbooks, the training and orientation of teachers,

decision-makers and administrators, and the active involvement of educational institutions.

This will be an act of faith and social engineering…”(NPE, 1986).

The National Policy on Education, 1986 recognised that the empowerment of women

is possibly the most critical pre-condition for the participation of girls and women in the

educational process. The Mahila Samakhya programme was launched in 1988 to pursue

the objectives of the National Policy on Education, 1986. It recognised that education can

be an effective tool for women’s empowerment, the parameters of which are:

a. Enhancing self-esteem and self-confidence of women;

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b. Building a positive image of women by recognizing their contribution to the

society, polity and the economy;

c. Developing ability to think critically;

d. Fostering decision making and action through collective processes;

e. Enabling women to make informed choices in areas like education, employment

and health (especially reproductive health);

f. Ensuring equal participation in developmental processes;

g. Providing information, knowledge and skill for economic independence;

h. Enhancing access to legal literacy and information relating to their rights and

entitlements in society with a view to enhance their participation on an equal

footing in all areas.

According to the Union Human Resource Development Ministry, in 2010-11, 907,951

teacher posts have been lying vacant in primary schools across the country. Further,

according to the ministry, in 45.76% of primary schools, the teacher-student ratio is more

than 1:30. Likewise, in 34.34% of upper primary schools in the country, the teacher-

student ratio has been over 30. What’s more, almost 25% of teachers in most states are

para-teachers; in Jharkhand, for instance, almost half the teachers in schools are para-

teachers. This is a serious issue.

• Out of school children

As has been mentioned before, around 18.78 crore children are in school in our

country today. But there are also hundreds of thousands of out-of-school kids involved in

child labour or domestic work. In fact, of the children enrolled in school, 46% drop out

before they complete their primary education. Most of them are girls. At least 26 crore

children in the country today are of school-going age. Going by the government statistics,

18 crore children are in school. What about the remaining 8 crore?

The government needs to focus on this question in the context of the Right to

Education Act. Although the Act was notified in April last year, and all states were asked

by the Centre to implement it, its efficacy has not completely been proven. Only 19 Indian

states have notified the RTE rules. Among them are Rajasthan, Tamil Nadu, Madhya

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Pradesh, Karnataka, Andhra Pradesh and Maharashtra. Nine states are yet to notify the

rules. A major obstacle behind implementation of the RTE Act, 2009 as put forward by the

states, is paucity of funds. The Centre estimated an annual budget of Rs 231,000 crore for

implementation of the RTE Act, 2009. The Expenditure Finance Committee gave it the go-

ahead, with a Centre-state contribution ratio of 68:32. This was later approved by the

cabinet. Of the total amount, Rs 24,000 crore would come from the finance ministry and

the remaining Rs 207,000 crore from the Centre and the states. This, the government

claimed, would prevent the states from being overly burdened.

Right of Children to Free and Compulsory Education Act, 2009- fact and reality

The Act promises free and compulsory education to any child in the age-group 6-14. The

Act says that schools should be within a radius of 1-3 km from where the child lives. All

government-aided schools have to reserve 25% of their seats for students from

economically weak sections (EWS). Private schools that are not government-aided also

have to reserve 25% of their seats in Class 1 for EWS students; the government will

compensate them. All government schools will have school management committees, 75%

of whose members will be parents or guardians of the children. Fifty per cent of these have

to be women. State child rights’ commissions will monitor implementation of the RTE

Act, 2009 in their respective states. All states have to set up state education advisory

bodies. School management committees will maintain the records of all children in the

age-group 6-14 years and ensure that they are in school. Even in those states where the

RTE rules have been notified, implementation of the law has not been effective.

States’ role in implementation of the RTE Act, 2009

It has been observed that the Hindi-speaking states of Uttar Pradesh, Rajasthan, Madhya

Pradesh and Bihar have been the most half-hearted when it comes to implementation of the

RTE Act, 2009, despite the fact that 67% of out-of-school children are from these states.

Uttar Pradesh has, in fact, gone to the extent of claiming that funds given by the Centre

would be utilised to provide free and compulsory education to all children in the age-group

6-14. In other words, the state has no intention of contributing towards implementation of

the Act and will depend wholly on the Centre (Government of India, 2011). It’s a strange

irony that even as the states express concern over the financial burden of this ambitious

Act, the government has been encouraging the corporate sector by offering major subsidies

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every year. The government has also favoured the growth of private educational

institutions under the public private partnership23 (PPP) concept.

Incidentally, the budget for implementation of the RTE Act, 2009 throughout the

country is just half of the amount spent on organising the 2010 Commonwealth Games last

year. So to say that the country does not have enough funds to make the right to education

a reality is a farce. The Indian Constitution clearly says that it cannot be left to the states to

provide people their rights according to convenience. It is clearly not lack of funds that is a

hindrance in implementation of the RTE Act, 2009 but lack of intent and political will.

This kind of attitude is a grim reminder of times before Independence when foreign rulers

and the upper class discouraged the idea that poor Indian children should be empowered

with education. Around a hundred years earlier, when the first debate on the right to

education was raised by Mahatma Jyoti Rao Phule in 1882 (in proposing a body for

education), based on the argument that while the British Raj was reaping the benefits of

labour from the poor and the upper class was using this money to get a higher education,

he faced stiff opposition from big landowners, and the upper class. No one wanted the poor

to get educated.

Similarly, in 1891, a proposal in the Imperial Legislative Assembly for free and

compulsory education for all was opposed by the upper class and the ruling British.

Maharaja Darbhanga went one step further and gathered 11,000 signatures from the

influential creamy layer to oppose the move. In 1937, at a major education forum in

Maharashtra, Mahatma Gandhi tried to reason with the newly appointed education

ministers of seven Congress states that education for all was absolutely essential for the

betterment of the country. However, the ministers said they simply did not have enough

funds for basic education for all. As discussions and debate dragged on in parliament, on

the issue of free and compulsory education for all children in the age-group 0-14, it was

suggested that the upper age limit be brought down to 11. Dr B R Ambedkar argued that

the right place for children was in school, and not in the fields. Still, this provision was not

placed within the category of a basic right (Report of National Commission for Protection

of Child Rights (NCPCR), 2011).

23

A public–private partnership (PPP) is a government service or private business venture which is funded and operated through a

partnership of government and one or more private sector companies. These schemes are sometimes referred to as PPP.

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A similar argument was put forward by a group of ministers to the prime minister,

in 2006, that free and compulsory education for all children would cost the government Rs

50,000 crore annually -- an expense the government would not be able to handle. Even as

civil society, teachers and educationists fought for it, the government washed its hands of

the matter and left it to the state governments to implement the same. Now that the RTE

Act, 2009 has finally come about (with effect from 1st April, 2010), the same paucity of

funds argument is gaining momentum all over again.

Challenges in implementing the RTE Act, 2009

According to the 2011 census, 8.5 crore children are out of school in India. However, latest

figures from the Human Resource Development Ministry put the number at 80 lakh. This

disparity is because the government has been trying to divide the children into two

sections. According to the National Crime Records Bureau, every year around 65,000

children fall victim to trafficking. Only 10% of such cases are registered with the police.

Officially, therefore, only 6,500 children are trafficking victims. Besides this, around 1.20

crore children are involved in child labour (2011 census), keeping them out of school. One

of the sections into which the government has tried to divide out-of-school children is

those who have never enrolled in school. But here the question arises:

• if these children have never been enrolled in school how have they been

counted?

• By/through which agency?

• And what was the methodology adopted?

This questions should be answered properly and promptly to get rid from curse of

illiteracy. The second section includes children who have dropped out of school. Children

who do not attend school for three months are considered to have dropped out. In some

states the period is 15 days; in others it’s one month. Taking these two sections together,

the total number of out-of-school children is around 80 lakh. Nevertheless, the disparity

between the figures of the two departments - a drop from around 8 crore to 80 lakh - is

nothing short of magic! And even if the 80 lakh figure is correct, it’s still a huge number

and the children are not out of school because of choice. To believe that the RTE Act,

2009 will magically put all such kids into classrooms would be naïve. Some states have

claimed that there has been a jump of 120% in school admissions. This has to be taken

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with a pinch of salt. The 2011 census will make the picture clearer. A recent survey under

the Sarva Shiksha Abhiyan programme in Rajasthan found that 12 lakh children were out

of school. Of these, 7.13 lakh children were girls and the rest were boys. Other states must

carry out similar studies.

The schools further are not well equipped with infra-structural facilities as most of

the schools still do not have ramps, separate toilets for girls and boys, play grounds, and

special teachers/educators or adequate teacher to maintain teacher –pupil ratio. The state

has failed to ensure that all schools have facilities for students with special learning needs.

It has become more important with the ‘no failing students’; the teachers have

misunderstood the non-detention policy as ‘no examination pattern’. The schools have not

yet received the government resolution related to new evaluation system and teachers are

confused to apply the Continuous and comprehensive Evaluation (CCE) pattern at the

elementary stage. Continuous and comprehensive evaluation is an education system newly

introduced by Central Board of Secondary Education in India, for students of sixth to tenth

grades and twelfth in some schools. The main aim of CCE is to evaluate every aspect of

the child during their presence at the school. This is believed to help reduce the pressure on

the child during/before examinations as the student will have to sit for multiple tests

throughout the year, of which no test or the syllabus covered will be repeated at the end of

the year, whatsoever. The CCE method is claimed to bring enormous changes from the

traditional chalk and talk method of teaching provided it is implemented accurately. Due to

lack of coordination between the education department and teachers, the non-detention

policy may become a potential threat to the overall growth of the children as there is a fall

in the ‘learning outcome’. Student’s ability to read or write/solve simple mathematical

problems is falling drastically.

Coordination between various implementing agencies

Every other day we see children working at roadside restaurants, in people’s

homes, on the roads and in tea stalls. To pick these children up and put them in school is

hardly as easy as it sounds. To begin with, rescue of child labourers and punishing the

employer is the work of the Labour Ministry and the police. The responsibility of bringing

children to schools and providing them quality education is the work of the Human

Resource Development Ministry. Then again, monitoring implementation of the RTE Act,

2009 is the responsibility of the child rights commissions in each state, which are under the

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Women and Child Development Department. As of now, not all states have even notified

the RTE rules. It is crucial therefore that the efforts of all these agencies are coordinated

for the larger goal of providing education to all children to become a reality.

Various kinds of schools

It’s a strange irony that while on the one hand the government wants to provide quality

education to all children, across all barriers, on the other hand it recognises four kinds of

schools under the Right to Education Act, 2009.

• Government schools.

• Government-aided schools.

• Special schools recognised by the government such as Kendriya Vidyalayas,

Navodaya Vidyalaya and Sainik schools. There are others at the state level too.

• Private schools.

With such a variety of schools, it is only natural that quality of education varies. Once

again it boils down to the rich being able to afford better quality education and the poor

having to compromise with something inferior. Both individuals and countries benefit

from women's education. Individuals who invest in education receive a net monetary gain

over the course of their lifetime (Psacharopoulos et. el 2004) According to Harry Patrinos,

lead education economist at the World Bank (Patrinos, 2008), “the profitability of

education, according to estimates of private rate of return, is indisputable, universal, and

global” (Patrinos, 2008). The principle holds particularly for women, who can expect a

1.2% higher return than men on the resources they invest in education (Psacharopoulos et.

el 2004). Providing one extra year of education to girls increases their wages by 10-20%

(Levine. et. el, 2008). This increase is 5% more than the corresponding returns on

providing a boy with an extra year of schooling (Levine. et. el, 2008).

This individual monetary gain creates an increase in the overall economic

productivity of a country. Girls are underrepresented in schooling, meaning that

investments aimed specifically at educating women should produce bigger dividends

(Schultz, 2001). Although investment in women’s education is not present everywhere, but

findings show that this decision, along with other failures to invest in women are not “an

efficient economic choice for developing countries” and that “countries that under-invest

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grow more slowly” (Dollar, 1999). Looking holistically at the opportunity cost of not

investing in girls, the total missed GDP growth is between 1.2% and 1.5%. When looking

at different regions, it is estimated that 0.4-0.9% of the difference in GDP growth is

accounted for solely by differences in the gender gap in education (Klasen, 2001). The

effect of the educational gender gap is more pronounced when a country is only

moderately poor (Dollar, 1999). Thus the incentive to invest in women goes up as a

country moves out of extreme poverty.

In addition to total economic growth, women's education also increases the

equitability of the distribution of wealth in a society. Increased women's education is

important for achieving this as it targets the impoverished women, a particularly

disadvantaged group (Dollar, 1999). There is also evidence that lower gender disparity in

educational attainment for a developing country correlates with lower overall income

disparity within society. Women’s education leads to significant social development. Some

of the most notable social benefits include decreased fertility rates and lower infant

mortality rates, and lower maternal mortality rates (King et. el. 1998). Closing the gender

gap in education also increases gender equality, which is considered important both in

itself and because it ensures equal rights and opportunities for people regardless of

gender. Women’s education has cognitive benefits for women as well (Kabeer,

2005). Improved cognitive abilities increase the quality of life for women and also lead to

other benefits. One example of this is the fact that educated women are better able to make

decisions related to health, both for themselves and their children (Kabeer,

2005). Cognitive abilities also translate to increased political participation among

women (Kabeer, 2005). Educated women are more likely to engage in civic

participation and attend political meetings, and there are several instances in which

educated women in the developing world were able to secure benefits for themselves

through political movement (Schultz, 2008; Kabeer, 2005). Evidence also points to an

increased likelihood of democratic governance in countries with well-educated women

(Schultz, 2008).

There are also benefits relating to the woman’s role in the household. Educated

women have been found to experience less domestic violence, regardless of other social

status indicators like employment status. Women with an education are also more involved

in the decision-making process of the family and report making more decisions over a

given time period (Schultz, 2008; Kabeer, 2005). Even in the cases of ST women who are

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more educated they can protect themselves better than the uneducated and illiterate women

in the same society. In particular, these benefits extend to economic decisions (Kabeer,

2005). Besides the intrinsic value of increasing a woman’s agency, (Kabeer, 2005) having

women play a more active role in the family also brings about social benefits for family

members. In a household where the mother is educated, children and especially girls are

more likely to attend school (King.et.el, 1998; Birdsall et. el. 2005). In households where

a mother is not educated, adult literacy programs can indirectly help to teach mothers the

value of education and encourage them to send their children to school (Birdsall et. el.

2005). There are also a number of other benefits for children associated with having an

educated mother over an educated father, including higher survival rates and better

nutrition. The ST community is now having a changing pattern of education along with the

other socio-economic-cultural aspects. With the enlightenment of education the women of

the ST society came to know about the burning fact that their rights are violated due to

their ignorance.

“The roots of education are bitter, but the fruit is sweet”.

-Aristotle