JOINING

HANDS IN THE

INTEREST OF

CHILDREN

The 86th constitutional amendment (2002), & the RTE Act (2009) give us the tools to provide

quality education to all our children

Kapil Sibal

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Kapil Sibal (born August 8, 1948) is a prominent Indian politician and former lawyer and is

currently the Union Minister for Ministry of Human Resource Development in the Government of India.

He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet.

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Literacy in India, data of 2001

According to the 2001 census, the total literacy rate

in India was 65.38%.

The female literacy rate was only 54.16%.

The gap between rural and urban literacy rate was

also very significant in India.

This is evident from the fact that only 59.4% of rural

population were literate as against 80. 3% urban

population according to the 2001 census.

Development from 2002 to 2010

The 86th constitutional amendment (2002)

has made elementary education a

fundamental right for the children between

the age group- 6 to 14. Elementary education

consists of eight years of education.

The Right of Children to Free and

Compulsory Education Act was passed by

the India parliament on 4 August 2009, under

Article 21A of the Indian Constitution. The act

came into force on April 1, 2010.

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Right to Education Act – 2009

came into force from 1 April, 2010

The Right of Children to Free and Compulsory Education Act was passed by the India parliament on 4 August 2009 which describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution.

India became one of the few countries to make education a fundamental right of every child when the act came into force on April 1, 2010.

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Gives Norms_egalitarian schooling

The bill makes education a fundamental right

of every child between the ages of 6 to 14

and specifies the minimum norms in

government schools.

It specifies reservation of 25% seats in private

schools for children from poor families,

prohibits the practice of unrecognized

schools, and makes provisions for no

donation or capitation and no interview of the

child or parent for the admission.

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Commissions to monitor good

implementation

The act also provides that, no child shall be held back, expelled, or required to pass a board examination until completion of elementary education.

Provision for special training of school drop-outs to bring them at-par with the students of the same age.

Right to Education of Person with Disabilities till 18 years of age has been made a Fundamental Right.

The act also provides for establishment of the National Commission for Protection of Child Rights and State Commissions for supervising of proper implementation of the act, looking after the complaints and protection of Child Rights.

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Plan & Funding assured, shared

Other provisions regarding improvement of school

infrastructure, teacher-student ratio and faculty have

also been provided in the act.

A committee set up to study the funds requirement

and funding estimated that Rs 1.71 lakh crore would

be required in the next five years for implementing

the Act.

The government agreed to sharing of funds in the

ratio of 65 to 35 between the Centre and the states

for implementing the law, with a ratio of 90 to 10 for

the north-eastern states.

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Struggle for universalizing

elementary education

Everybody acknowledges the value

of education in the overall

development of the children.

Roles to play are several:

Administrators focus on

Enrolment

Availability of schools within walking

distance

Provisioning for infrastructure

Deployment of teachers.

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Educationists are concerned about

What is Learnt, how is it presented?

Whether or how children learn, and the

Burden of syllabi, which is passed on to

Tuition centres or Parents

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Development professionals discuss

The impact of years of schooling, for example

on the age of marriage and family size.

Economists talk about the economic returns

on Investment in education

Parents have expectations from the

education system_ that it should equip their

children for gainful employment, and

economic well being.

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To fulfill goals of

universal elementary education

The enforcement of fundamental

right to education provides us a

unique opportunity to mount a

mission encompassing all the

above discourses to fulfill our goal

of universal elementary education.

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RIGHT TO EDUCATION ACTcame after 60 years of our attaining self-

governance

It provides for children‟s right to free and

compulsory admission, attendance and

completion of elementary education.

Undoubtedly, much progress has

occurred since the last sixty years of our

independence and many more children

with a diverse background are

accessing school.

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Dropped out, child labourers

There are „invisible‟ children_ children bonded to work with an employer,

young boys grazing cattle or working in a dhabha

girls working in the fields or as domestic help or caring for younger siblings, and

children being subjected to early marriage. Many of these children are formally enrolled in a school but have either dropped out or have never been there.

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Extremely vulnerable ones

Many others such as migrant and

street children, who live in

extremely vulnerable conditions;

denying them education is against

the universal nature of human

rights.

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Enrol, attend, learn, and

Be empowered by education

Providing universal access itself is no longer

enough; making available school facility is

essential but not sufficient.

A monitoring mechanism is needed to ensure

that all children attend school regularly and

participate in the learning process.

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Not attending, drop-out in a few months?

Focus must be on the factors that

prevent children from regularly

attending & completing elementary

education. Children from

weaker sections and

disadvantaged groups, as also

girls.

SOCIAL,CULTURAL,ECONOMIC,

LINGUISTIC AND PEDAGOGIC ISSUES

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Reservation of 25% seats in private

schools for children from poor families

The school may be

there but students may

not attend, or drop out

after a few months.

Through school & social

mapping, many issues

need to be addressed

that prevent a weak

child from completing

the process of

education.

Social, economic,

cultural, linguistic,

pedagogic issues

Denial or violation of the

right to elementary

education process

requires to be

overcome with the

encouragement and

enlightenment of the

weak & vulnerable.

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Free, compulsory and of high quality

The right to education is free, compulsory and

it includes good quality education for all.

A curriculum not only provides good reading

and understanding of text books but also

includes learning through activities,

exploration and discovery.

Comprehension, competence,

competitiveness and creativity should be

developed, not forgetting compassion.

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Education Depts of State & Union

Governments have direct responsibility

To provide

schools,

infrastructure,

trained teachers,

curriculum and

teaching-learning material, and

mid-day meal.

A well coordinated mechanism is needed for

inter- sectoral collaboration & convergence.

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On the part of the whole Govts:

The factors that contribute to the

achievement of the overall goal of

universalizing elementary education as

a fundamental right requires action on

the part of the whole Governments.

A well coordinated mechanism is needed for

inter- sectoral collaboration & convergence.

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Timely & appropriate financial

allocations, redesign school spaces

The Finance Department to release

funds at all levels.

The Public Works Dept. to re-conceive

and redesign school spaces from the

pedagogic perspective & Address

issues of including disabled children

through barrier free access.

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Provide Social & Location Mapping of

schools, Water & sanitation facilities

The Dept. of Science & Technology to

provide geo-spatial technology to

perform at grass-root survey.

Provision of access to sufficient safe

drinking water

Provision and access to adequate

sanitation facilities, specially for girl

child.

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ROLE OF CIVIL SOCEITY in RTE

Above all, people‟s groups, civil society

organizations & voluntary agencies will play

an crucial role in the implementation of the

RTE Act.

This will help build a new perspective on

inclusiveness, encompassing gender & social

inclusion, & ensure that these become

integral & crosscutting concerns informing

different aspects like training, curriculum and

classroom transaction.

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ROLE OF CIVIL SOCEITY

A VIBRANT CIVIL SOCEITY MOVEMENT

CAN ENSURE THAT THE PARENT / CHILD

FROM WEAKER OR DISADVANTAGED

SECTIONS BECOME AWARE OF THE

VALUE OF EXERCISING THE RIGHT TO

ELEMENTARY EDUCATION AND PUT IN

SERIOUS EFFORTS ON THEIR PART.

NGO contribution of knowledge, ideas and

solutions to the challenges are needed.

Prime Minister Manmohan Singh:

"We are committed to ensuring

that all children, irrespective

of gender and social

category, have access to

education. An education that

enables them to acquire the

skills, knowledge, values and

attitudes necessary to

become responsible and

active citizens of India.”

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The 86th constitutional amendment (2002),

And the RTE Act (2009), have given 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 through

collective action. Thank you.

India’s private sector contributes

to tasks of education significantly

According to an „Economic Times‟, article dated 17-

07-2010 we find:

About 40% of Indian K to 12* students study in

private schools.

In 2010 so far, this sector has raised $ 80m in PE

funding in 3 months including a Rs. 100 crore

investment from PE firm Reliance Capital in

pathways world school.

The K to 12 segment is expected to grow by 14%

over the next two years.

* Kinder- garten to standard 12

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Independent entrepreneurs & industrial houses

are in school education space in a big way

Education companies are setting up

thousands of new schools to cater to the

young from toddlers to teen agers.

Ref: „It is back to school for India Inc.‟,

Perzada Abrar, The Economic Times, dated

17th June 2010.

“Education of kids is the second largest

spend for the Indian family after food and

groceries.”

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A model for quality schooling that is

affordable to mid-class parents is needed.

School segment is ideal for corporates to

venture into, to improve the quality of the

education as well as to provide good

conditions to the teachers.

The sector is to attract $ 300-350 million of

private equity investment this year compared

to almost nil some years ago.

Ref: „It is back to school for India Inc.‟,

Perzada Abrar, The Economic Times, dated

17th June 2010.32

Special feature, Philanthropy, ‘Mittal is calling’, Joji

Thomas Philip, The Economic Times,24 June 2010

Sunil Mittal is building 550 schools to educate

1,00,000 poor children deep inside India‟s villages.

Bharati Foundation, philanthropic arm of the Bharati

group, runs schools at an annual cost of Rs. 28

crores. Besides, similar work has been done by

corporate groups like the Tatas, Birlas, Godrejs, Azim

Premji, Infosys, and others.

Along with the investment for economic growth,

certain socio-economic inclusiveness too have to be

achieved. Yes, we can do it.

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Post April 2010

developments

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July 30, 2010, The Centre has agreed to pay almost 70

per cent of the finances required to implement the Right

to Education (RTE) Act.

• The finance ministry's expenditure finance committee

(EFC) approved a massive hike in central funding for

the law, which promises schooling to every child

between 6 and 14 years of age.

• The hike means 16 out of 35 states and union

territories won't need to increase their education

budgets to meet RTE commitments at all, government

sources told HT.

• Presently, the Centre and states share funding of the

Sarva Shiksha Abhiyan, the principle vehicle for RTE,

in a 55:45 ratio.

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The HRD ministry has projected Rs 2,31,233

crore as the total cost over five years of

implementing the law. The 13th Finance

Commission has already set aside Rs 24,068

crore of additional funds to help the states

implement the law.

The EFC agreed the Centre would pay 65 per

cent of the remaining financial requirements —

after deducting the Commission's award from the

total projected cost. The 65 per cent, added to

the Commission's award, works out to Rs

1,58,725 crore, almost 70 per cent of the total

financial burden of Rs 2,31,233 crore.

RTE enforced as a fundamental right

RTE has been a part of the directive

principles of the State Policy under Article 45

of the Constitution, which is part of Chapter 4

of the Constitution. And rights in Chapter 4

are not enforceable.

For the first time in the history of India we

have made this right enforceable by putting it

in Chapter 3 of the Constitution as Article 21.

This entitles children to have the right to

education enforced as a fundamental right.

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Supreme court to take up Case against RTE in

October, 2010, Deccan Herald, 21st Sept., ‘Nation’

New Delhi, Sept 21, DH News Service: Tuesday, September 21, 2010 -->

The Supreme Court fixed October 1 as the date for

hearing a petition filed by “The Society for Unaided

Private Schools” from Rajasthan that was referred to a

constitution bench. : “We challenge Article 15 (5) of the

Constitution that enables the state to make provisions for

the advancement of education for the weaker sections of

society relating to admission in educational institutions.”

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Constitutional validity of Article 15 (5) and

also to Article 21(A) questioned

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On September 6, a three-judge bench of Chief Justice

S H Kapadia, Justices K S Radhakrishnan and

Swatanter Kumar had ordered for placing the matter

before a five-judge constitutional bench as the question

of law is involved in the matter.

The bench had said, “Since the challenge involved

relates to the Constitutional validity of Article 15 (5) and

also to Article 21(A), we are referring the matter to a

larger bench of five judges.”

Private Schools and the Poor: Implementing the 25% in

Section 12 of RTE (Right to Education Act 2009)

If the RTE ACT is fully implemented (a big IF), it will

be the largest education sector Public Private

Partnership (PPP) in the world.

Private Unaided schools will have to admit in Class I,

a minimum of 25% of their capacity, students from

disadvantaged sections with the Government

compensating the schools for the 25%.

Interestingly, the responsibility of monitoring the

implementation of the RTE Act is not with the

Government, but has been assigned to the National

Council for the Protection of Child Rights (NCPCR) -

an autonomous body set up in March 2007.40

Responsibility of monitoring the implementation of

the RTE Act

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It is not with the Govt, but has been assigned to

the National Council for the Protection of Child

Rights (NCPCR) - an autonomous body set up in

March 2007.

The NCPCR doesn't have experience in

monitoring something like the implementation of

the RTE Act and they will need to learn as they go

along.

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Regulations imposed on schools by the

RTE Act:

Schools will have to adhere to

• specified student-teacher ratios,

• provide a minimum level of infrastructure,

• a minimum number of working hours per

week and

• working days per year and so on.

• All unrecognised private schools must obtain

recognition once the Act comes into effect to

continue to function after the Act comes into

force.

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The RTE Act has important implications for the overall

approach and implementation strategies of Sarva

Shiksha Abhiyan.

It is necessary to harmonize the SSA vision,

strategies and norms with the RTE mandate. The

Department of School Education and Literacy set

up a Committee under the Chairpersonship of

Shri Anil Bordia, former Education Secretary,

Govt. of India, to suggest follow up action on SSA

vis-à-vis the RTE Act.

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During initial meetings of the committee it was conveyed

on behalf of the Ministry of HRD that the committee may

not strictly confine itself to the terms of reference and

should as well make recommendations regarding

implementation of RTE Act 2009.(A copy of the

Government Order No. F.2-50/2009-EE.3 dated 3rd

September, 2009 constituting the Committee and its Terms

of Reference.)

Committee set up for Department of

School Education and Literacy

Home work done

The Committee held seven meetings

between September 2009 and January

2010, during which it had interaction with

State Secretaries of Education, educationists,

representatives of teachers‟ unions, voluntary

organisations and civil society organisations

who are in close touch with field realities, and

representatives of persons working with

children with special needs.45

Insights developed

Consultation with representatives of teachers‟

unions and civil society organisations

provided important insights.

This was inter alia, for bringing out-of- school

children from disadvantaged sections into

age appropriate class,

Care and support in mainstream schools for

children with special needs, education for

girls,

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Insights developed

Giving importance of forging partnerships

with voluntary agencies and civil society

organisations for developing capacities of

school management committees (SMCs).

SMCs are to formulate school development

plans, realigning teacher education and

training systems to build learning on

children‟s experiences and pre-knowledge.

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Insights developed

Additionally, interaction with State Secretaries

of Education provided valuable inputs on

issues relating to the nature of central

assistance, implementation structure for SSA

and RTE, and fund transfer mechanism for

SSA and RTE.

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The National Commission for Protection of Child Rights

(NCPCR) has been mandated to monitor the

implementation of this historic Right.

Right to Education Act, 2009 Rules

A special Division within NCPCR will undertake this huge

and important task in the coming months and years. A

special toll free helpline to register complaints will be set

up by NCPCR for this purpose. NCPCR welcomes the

formal notification of this Act and looks forward to playing

an active role in ensuring its successful implementation.

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NCPCR also invited all civil society groups, students,

teachers, administrators, artists, writers, government

personnel, legislators, members of the judiciary and all

other stakeholders to join hands and work together to

build a movement to ensure that every child of this

country is in school and enabled to get at least 8 years

of quality education