Right to Education

7/17/2019 Right to Education

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RIGHT TO EDUCATIONRIGHT TO EDUCATION

ACT, 2009: SOMEACT, 2009: SOME

REFLECTIONSREFLECTIONS



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After independence, After independence, Article 45 Article 45 under the Indianunder the Indian

Constitution stated that the State shallConstitution stated that the State shallendeavor to provide, within a period of tenendeavor to provide, within a period of ten

years from the commencement of thisyears from the commencement of this

Constitution, for free and compulsoryConstitution, for free and compulsory

education for all children until they completeeducation for all children until they complete

the age of fourteen years.the age of fourteen years.

But the State failed miserably in fulfilling thisBut the State failed miserably in fulfilling this

obligation as is evident from the fact that evenobligation as is evident from the fact that evenafter ! years, universal elementary educationafter ! years, universal elementary education

remains a distant dream.remains a distant dream.



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"he #th Amendment Act, $!!$,"he #th Amendment Act, $!!$, made threemade three

specific provisions in the Constitution tospecific provisions in the Constitution to

facilitate the reali%ation of free and compulsoryfacilitate the reali%ation of free and compulsory

education. "hese wereeducation. "hese were

&i'&i' adding Article $(A in )art III &fundamentaladding Article $(A in )art III &fundamental

rights',rights',&ii' modifying Article 45, and&ii' modifying Article 45, and

&iii' adding a new clause &*' under Article 5(A&iii' adding a new clause &*' under Article 5(A

&fundamental duties',&fundamental duties', ma*ing the parent orma*ing the parent orguardian responsible for providingguardian responsible for providing

opportunities for education to their childrenopportunities for education to their children

between and (4 years.between and (4 years.



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Art $(+A inserted in undamental -ights as per

#th Constitutional Amendment

The State shall provide free and compulsory

education to all children of the age of 6 to 14

years in such manner as the State may, by law

,determine.

Conse/uential legislation

"he -ight of Children to ree and Compulsory0ducation Act, $!!1.

Presidential assent received on 26th August,

2009 and came in to force from April 1, 2010.



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)rovisions &-ight of children')rovisions &-ight of children'

To free and compulsory admission, attendance andTo free and compulsory admission, attendance andcompletion of EE.completion of EE.

Free:Free: no child liable to pay any fee/expenseno child liable to pay any fee/expense

preventin her from pursuin and completin EE.preventin her from pursuin and completin EE.

Compulsion:Compulsion: on the state! parental duty to sendon the state! parental duty to sendchildren to school.children to school.

"ot enrolled/dropout children be admitted to ae"ot enrolled/dropout children be admitted to aeappropriate class.appropriate class.

"o child shall be failed or expelled up to class #"o child shall be failed or expelled up to class #

$ars corporal punishment mental harassment.$ars corporal punishment mental harassment.



%%

)rovisions &"eachers')rovisions &"eachers' Qualification for appointment of teachersQualification for appointment of teachers

to be laid down by academic authorityto be laid down by academic authorityauthorised by Central Government.authorised by Central Government.

Academic responsibilities of teachers laidAcademic responsibilities of teachers laiddowndown

Prohibits deployment of teachers for non-Prohibits deployment of teachers for non-education purpose, ecept for:education purpose, ecept for:

& !ecennial census!ecennial census

& !isaster relief !isaster relief

& "lections to Parliament, #tate"lections to Parliament, #tate

$e%islatures, $ocal &odies.$e%islatures, $ocal &odies.



''

)rovisions &Schools')rovisions &Schools'

"orms and standards specified for all schools"orms and standards specified for all schools& (nfrastructure and related facilities(nfrastructure and related facilities& )upil Teacher *atios + for each school)upil Teacher *atios + for each school& chool days! -orin hours for teacherschool days! -orin hours for teachers

& acilitiesacilities 0ommunity participation in schools ensured0ommunity participation in schools ensuredthrouh 0 comprisin elected reps, teachersthrouh 0 comprisin elected reps, teachersand parentsand parents& members from amon parents of children in members from amon parents of children in

the school! 5 -omenthe school! 5 -omen& )roportionate representation to -eaer and)roportionate representation to -eaer and

deprived sectionsdeprived sections& 0 to plan, manae and monitor + in0 to plan, manae and monitor + in

collaboration -ith the local authoritycollaboration -ith the local authority



##

)rovisions &Schools')rovisions &Schools'

ll aided schools to provide free education toll aided schools to provide free education to

at least 25 children.at least 25 children. pecial cateory schools and unaided schoolspecial cateory schools and unaided schools

to admit in 0lass ( at least 25 children,to admit in 0lass ( at least 25 children,belonin to -eaer section andbelonin to -eaer section and

disadvantaed roup, from the neihborhood,disadvantaed roup, from the neihborhood,and provide free and compulsory elementaryand provide free and compulsory elementaryeducation.education.

"o capitation fees"o capitation fees "o screenin for admission"o screenin for admission "o school -ithout reconition."o school -ithout reconition.



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-eality chec* of implementation-eality chec* of implementation

The ct7s implementability at the round levelThe ct7s implementability at the round levelis doubtful as is clearly sho-n from itsis doubtful as is clearly sho-n from itsimplementation in last more than one year.implementation in last more than one year.

universal access is a distant dream,universal access is a distant dream,

completion of elementary education is a far cry,completion of elementary education is a far cry, free education is a myth,free education is a myth, teachers are in acute shortae,teachers are in acute shortae, intent on the part of many states andintent on the part of many states and

concerned authorities is lacin,concerned authorities is lacin, investment in infrastructure is insufficient,investment in infrastructure is insufficient, 8uality is elusive, and8uality is elusive, and

monitorin mechanism is altoether absent.monitorin mechanism is altoether absent.



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)resent scenario in elementary education)resent scenario in elementary education

9hat the authors have seen durin their observation9hat the authors have seen durin their observation

of various schools is that even after passin of moreof various schools is that even after passin of morethan one year after the enforcement of the ct still:than one year after the enforcement of the ct still:

)oor presence of students)oor presence of students

(norance(norance amon teachers and uardiansteachers and uardiansabout the provisions of the ctthe provisions of the ct

)athetic condition of trainin reardin *TE)athetic condition of trainin reardin *TE

cute shortae of teacherscute shortae of teachers

alaise of absence of teachers from theschools

"o atmosphere of 8uality teachin and"o atmosphere of 8uality teachin and

meaninful teachin:learnin processmeaninful teachin:learnin process



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)resent scenario22..)resent scenario22.. 0allousness of concerned authorities

"eative attitude of teachers $ad effect of no detention policy

;ilapidated conditions of schools premises

bsence of even basic amenities (mproper distribution of boos, uniforms and

other thins.

$ad condition of mid:day meal scheme

bsence of mechanism and facilitiesreardin children -ith disabilities



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-ecommendations-ecommendations

Focus on Quality rather than sheerFocus on Quality rather than sheer

enrolment numbersenrolment numbers Focus on raising standards in GovernmentFocus on raising standards in Government schools particularly in under-performing schools particularly in under-performing states states

Proper re-look at retention and transition,Proper re-look at retention and transition,i.e. no-detention policy i.e. no-detention policy

Revision of existing Quality FrameorkRevision of existing Quality Frameorkdeveloped for the !arva !hiksha "bhiyandeveloped for the !arva !hiksha "bhiyan

#echnical !upport to $evelop %ontext based#echnical !upport to $evelop %ontext based!trategies!trategies

%onduction of mapping of Government and%onduction of mapping of Government and private schools across all !tates private schools across all !tates



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-ecommendations...-ecommendations...

Formulation of norms to ensure &'(Formulation of norms to ensure &'(reservation to children fromreservation to children fromeconomically eaker sectionseconomically eaker sections

Relevant %urriculum ReformRelevant %urriculum Reform )nsuring of e*ual and e*uitable)nsuring of e*ual and e*uitable

treatment to all childrentreatment to all children #raining of teachers in re*uisite#raining of teachers in re*uisite

classroom management skillsclassroom management skills $evelop Quality !tandards for #eacher$evelop Quality !tandards for #eacher

#raining#raining Reform of +n-!ervice #eacher )ducationReform of +n-!ervice #eacher )ducation Populariation of the "ct into massesPopulariation of the "ct into masses Grievance echanismGrievance echanism



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ConclusionsConclusions

The *iht to Education <*TE= ct -ould playThe *iht to Education <*TE= ct -ould playan important role in achievin universalan important role in achievin universalelementary education in (ndia, but it is amplyelementary education in (ndia, but it is amplyclear that year one of the implementation ofclear that year one of the implementation ofthe ct has not covered much round.the ct has not covered much round.

(n order to meet the oals set by us, (ndia(n order to meet the oals set by us, (ndiamust prioriti>e and invest in main the ct amust prioriti>e and invest in main the ct areality throuh dialoue and consultation -ithreality throuh dialoue and consultation -ithey staeholders -ithin and outside theey staeholders -ithin and outside theovernment. Else the ct -ill ?oin the ransovernment. Else the ct -ill ?oin the ransof yet another leislation -hich neverof yet another leislation -hich nevercovered the distance bet-eencovered the distance bet-eenconceptuali>ation and implementation.conceptuali>ation and implementation.



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Right to Education