Rights To Education

Rights to Edcuation The importance of learning is to enable the individual to put his potentials to optimal use. Education makes man a right thinker and a correct decision-maker. It achieves this by bringing him knowledge from the external world, teaching him to reason and acquainting him with past history, so that he can be a better judge of the present. With education, he finds himself in a room with all its windows open to the outside world. A well educated man is a more dependable worker, a better citizen, a centre of wholesome influence, pride to his community and honour to his country. A nation is great only in proportion of its advancement in education. Over the years, the demand for childrens education has grown by leaps and bounds.Everybody from the poorest of the poor to the well off, acknowledges the value of education in the overall development of children. Basically, the object of education is threefold i.e. physical, mental and spiritual. A perfect system of education must do full justice to all those three above. If we take a look at the Education Structure existing in India, we would find that, it is divided broadly in five stages: Pre-primary, Primary, Upper Primary, Secondary and Higher Secondary. Schooling in India follows the 10+2 pattern. Moreover, if we take into consideration the Indian Education Scenario, we would find that, in the post-independence period, the pace of educational development has been unprecedented by any standards. The Govt. was committed to ensuring universal elementary education (primary and upper primary) education for all children aged 6-14 years of age through its flagship programme, Sarva Shiksha Abhikyan (SSA). It is assumed that, the chief aim of such an education must have been just to fit one to earn a living. It is called Bread and Butter system of education, as well. With the above situation and concept in mind, on April 1, 2010, India has reached a historic milestone in countrys struggle for Childrens Right To Education. The Constitution (86th Amendment) Act 2002 making elementary education a Fundamental Right and its consequential legislation, the Right of Children to Free and Compulsory Education (RTE) Act 2009, comes into force. The enforcement of this right represents a momentous step forward in 100 year struggle for universalizing elementary education. The Salient Features of the RTE Act are : 1. 2. 3. 4. 5. 6. School and social mapping; Catching those out of school; Re-deployment of teachers; Filling vacancies; Grievance redressal; The funding. Inevitably, this will take care of the threefold educational object. It would also result in bridging the access and enrolment gaps, to a large extent.

Under the RTE Act, it is envisaged that, the teaching-learning process would be stress-free and a massive programme for curricular reform would be initiated to provide for a child friendly learning system, that is at once relevant and empowering. Similarly, the Teacher accountability systems and processes would

ensure that the children are learning and that their right to learn in a child friendly environment is safeguarded. Among other essential things, the schools would also ensure adequate and safe drinking water and an accessible and adequate sanitation facility for girls and boys in the Institution premises itself. Moreover, school would also provide geo-spatial technologies to supplement social mapping exercises at the grassroots level. The immense relevance of inclusive education, particularly of disadvantaged groups, demands vibrant partnerships with the departments and organizations concerned with children of the Scheduled Castes, the Scheduled Tribes and educationally backward minorities. Government will have to set up systems for equal opportunity for children with special needs. The Rural Development and Panchayati Raj Departments would need to accelerate poverty reduction programmes so that children are freed from domestic chores and wage earning responsibilities. State Governments would simultaneously ensure that the Panchayati Raj institutions get appropriately involved so that local authoritiescan discharge their functions under the RTE Act. There is a need for close cooperation amongst departments concerned to ensure that so far the deprived children get their rights to education. The Sports Departments would need to build in physical education for the overall physical, social, emotional and mental development of the child. Above all, peoples groups, civil society organizations and voluntary agencies will have to play a crucial role in implementing the RTE. A vibrant civil society movement would also ensure that the rights of the child are not violated; it can amplify the voice of the disadvantaged and weaker sections of society. It can also improve programmer outcomes by contributing local knowledge and technical expertise and bringing innovative ideas and solutions to the challenges ahead. With regard to Constitutional Provisions, it has given considerable importance to the education. The Constitutional Amendment of 1976 included education in the Concurrent List, which means that both the Centre and the State have jurisdiction over enacting legislations on the subject and is a far-reaching step. As far as National Policies are concerned, there have so far been mainly two comprehensive statements of the National Policy on Education, viz. those of 1968 and 1986. However, to the advantage of educational system in our country, there have been certain modifications to above, during the course of time. With huge investments in the infrastructure of schools, to cater to the educational needs of children with varying intelligence levels, alternative forms of education is also fairly widely available. One must get acquainted with those alternatives for self progress and betterment. Parents have expectations from the education system that it would equip their children for gainful employment and economic well being. The enforcement of the Fundamental Right to Education would provide us a unique opportunity to mount a mission encompassing all the discourses to fulfill our goal of universal elementary education. The right to education goes beyond free and compulsory education to include quality education for all. With the introduction of RTE Act, in the years to come, there would be a notable achievement in the literacy rate in our country. Is it not the dream and prime motto of our Leaders?

Thus, it can be concluded that, Education is a fundamental human right, without which capabilities for a decent life and effective participation in society are less likely to be developed. Since the RTE Act has provided us the tools to provide quality education to all our children, it is now imperative that we, the people of India, join hands to ensure the implementation of this law in its true spirit. The Government is committed to this task though real change will happen only through collective action and we must come forward willingly for the same.
The Right of Children to Free and Compulsory Education Act, which was passed by the Indian Parliament on 4 August 2009, describes the modalities of the provision of free and compulsory education for children between 6 and 14 under Article 21A of the Indian Constitution. The Act came into force on 1 April 2010 and India became one of the 135 countries which have made education a fundamental right of every child. The Act is the enabling legislation to notify the 86th Constitutional Amendment passed by Parliament in December 2002 that specified the need for a legislation to describe the mode of implementation of education as a fundamental right. This necessitated the drafting of a separate Education Bill. The rough draft of the bill was composed in year 2005. It received much opposition due to its mandatory provision to provide 25 per cent reservation for disadvantaged children in private schools. The sub-committee of the Central Advisory Board of Education which prepared the draft Bill held this provision as a significant prerequisite for creating a democratic and egalitarian society. The Indian Law Commission had initially proposed 50 per cent reservation for disadvantaged students in private schools. After the bill was approved by the Cabinet on 2 July 2009, the Rajya Sabha and the Lok Sabha passed the bill on 20 July 2009 and 4 August 2009 respectively. It was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act after it received Presidential assent. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010 through a speech by the Prime Minister. It was the first time in the history of India that a law was brought into force by a speech by the Prime Minister. In his speech, Prime Minister Man Mohan Singh, stated: "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. (We are committed to) an education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." Besides making education a fundamental right of every child between the ages of 6 to 14, the Act specifies minimum norms in government schools. It requires the reservation of 25 per cent of places in private schools for children from poor families, prohibits unrecognized schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission. The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age. Under the Act, the Right to Education of persons with disabilities until 18 years of age has also been made a fundamental right. The Act provides for the establishment of the National Commission for Protection of Child Rights, and State Commissions for supervising proper implementation of the act, looking after complaints and protection of Child Rights. Other provisions regarding improvement of

school infrastructure, teacher-student ratio and faculty are made in the Act. There must be at least one teacher for 30 students and there must be involvement of students' parents in school's administration. It is estimated that the implementation of the Act would cost ? 1.78 trillion or 1.78 lakh crore for the initial five years. The cost would be shared in the ratio of 65 to 35 between the Central Government and the states, and a ratio of 90 to 10 for the north-eastern states. However, the task of implementing and enforcing the law will be in the hands of state governments. Human Resource Development Minister Kapil Sibal termed the Act a "national enterprise that would help shape India's future". The legislation would not only ensure every child's right to education, but puts the obligation on the government to impart it. The law would not interfere with the various state governments attempts to provide elementary education. On the medium of instruction, there is a provision to provide elementary education, as far as possible, in the mother tongue of the child. The law would ensure that the child got free, compulsory and quality education by qualified teachers. As the curriculum would be less rigorous, it would ensure all-round development of children. On infrastructure, there is a provision for establishing recognition authority in every State under which all schools would have to fulfill the minimum requirement of infrastructure within three years. Otherwise, they would lose recognition. Similarly appointment of teachers had to be approved by the academic committee. The law has come as a boon to India and is expected to be a big boost to children's education as out of every 100 children attending elementary school only 12 reached the graduation level compared to the global average of 27. In Europe it was 50-70 students reaching college from the elementary level. The HRD Ministry expects that the law would increase India's average to 15 by 2012 and to 30-35 by 2020.