IMPLEMENTATION OF RIGHT TO EDUCATION
:EXPERIENCES OF THE INDIAN STATE
NIRANJANARADHYA.V.P
FELLOW
CENTRE FOR CHILD AND THE LAW-NLSIU
BANGALORE
26th May 2015
aradhyaniranjan@hotmail.com
HISTORICAL CONTEXT
Education was denied to masses .It was privilege rather than a
right . The demand for RTE (Free and Compulsory Education)
was the product of the freedom struggle
1.
Charter Act- 1813
2.
Education Commission of India (Hunter Commission)-1882
3.
F&CE Bill –imperial legislative assembly - 1911
4.
Gandhi Proposal(instead of 3Rs -3Hs)-1937
5.
Sir Sargent Plan –post war development plan -1944
6.
Constituent Assembly and Making the Constitution –Shifted
from Justiciable fundamental right to non-justiciable directive
principle
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
HISTORICAL CONTEXT
Article 45 under Directive Principles:
The State shall endeavour to provide, within a period of
ten years from the commencement of this Constitution,
for free and compulsory education for all children until
they complete the age of fourteen years
The goal remained elusive by 1960
Than , postponed to 1976-1986-1990-2000-2010
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
SUPREME COURT VERDICT -1992
The Supreme Court first recognised the right to education as a
fundamental right in Mohini Jain v. Union of India 1992
1.
'Right to life' is the compendious expression for all those rights
which the courts must enforce because they are basic to the
dignified enjoyment of life.
2.
The right to life under Article 21 and the dignity of an individual
cannot be assured unless it is accompanied by the right to
education.
3.
The State Government is under an obligation to make endeavor
to provide educational facility at all levels to its citizens
(para 12)
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
SUPREME COURT VERDICT -1993
In 1993 the Supreme Court narrowed the ambit of the fundamental
right to education as propounded in the Mohini Jain case in the
case of J P Unnikrishnan vs. State of Andhra Pradesh
The right to education which is implicit in the right to life and
personal liberty guaranteed by Article 21 must be construed in the
light of the directive principles in Part IV of the Constitution.
(a) every child/citizen of this country has a right to free education
until he completes the age of fourteen years and
(b) after a child/citizen completes 14 years, his right to education is
circumscribed by the limits of the economic capacity of the state
and its development. We may deal with both these limbs separately.
(para 171)
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
86TH CONSTITUTIONAL AMENDMENT -2002
Article 21A:
The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as
the State may, by law, determine
 Play school and Pre-school is -not compulsory.
 Primary school- first to fifth standard/class ( six to ten
year-olds) free and compulsory
 Middle school-sixth to eighth standard/class (11-to 14
year) free and compulsory
 Secondary school: ninth and tenth standard (14 to 16-year
-not compulsory
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
86TH CONSTITUTIONAL AMENDMENT -2002
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Language used
Fundamental Right is subject to legislation made by
State.
Cannot question if it is not properly implemented
unless judicial activism
Dilution of the Right
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
The RCFCEA-2009
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The Right of Children to Free and Compulsory
Education Act 2009 was the enabling legislation.
The RTE Act came into force on April 1, 2010.
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
WHAT IS AVAILABLE UNDER THE ACT
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8 years free and compulsory elementary education in
neighbourhood school -3(1)
Free-no child shall be liable to pay any kind of fee or
charges or expenses that prevent child completing EE3(2)
Equal Right for Children with Special Needs -3(3)
Non-school /dropout children to age appropriate class
–with special training -4
Neighbourhood school within three years -6
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
WHAT IS PROHIBITED UNDER THE ACT
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No to Capitation -13
No to Screening procedure -13
No to Denial of admission for lack of age proof -14
No Child shall be denied admission at any point of time
in the academic year -15
No child shall be held back or expelled -16
No child shall be subjected to physical punishment or
mental harassment -17
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
CURRICULUM AND EVALUATION
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Conformity with the values enshrined in the Constitution
All round development of the child
Development of physical and mental abilities to the
fullest extent
Learning through activities, discovery and exploration in
a child friendly and child centred manner
Medium of instruction –as far as possible mother tongue
Making child free from fear ,trauma and anxiety
CCE
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
PROTECTION OF RIGHT
NCPCR/SCPCR
 Examine and review safeguards for rights provided
 Recommendation measures for effective
implementation
 Inquire into complaints relating to child's right
 Take necessary steps
Local Authority
 Written compliant to local authority
 LA shall decide the matter within three months
 Aggrieved by LA may prefer to appeal to the state
commission
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
TIMELINE FOR MEETING THE PRESCRIBED
STANDARDS
Establishment of NHS
3 years -31st
March 2013
Provision of school infrastructure
3 years -31st
• All weather buildings
March 2013
• Head teacher -cum -office room
• Library
• Toilets drinking water
• Barrier free access
• Playground ,fencing boundary walls
• One-classroom-one -teacher
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
TIMELINE FOR MEETING THE PRESCRIBED
STANDARDS
Teachers as per PTR
Training of Untrained Teachers
Quality interventions
•
•
•
•
•
•
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working days primary -200
higher Primary -220
Instructional hours per academic year
primary -800
Instructional hours per academic year
higher primary -1000
Minimum working hours per week -45
TLM for each class
Play material games and sports
31st March 2013
31st March -2015
From immediate
effect
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
AT THE END OF 65 YEARS OF INDEPENDENCE AND
5 YEARS OF IMPLEMENTING -RTE
The social stratification , inequality, segregation and discriminationremains glaring
IB-Oxford-Cambridge International Schools –Elite and Aristocracy
ICSE Schools -Rich and Business Class
CBSE Schools-KV, Navoday, Army Schools –Bureaucrats –Judges-Politicians
Prestigious Private English Medium Schools -Upper Middle Class
Low Fee Private English Medium Schools -Middle class
Private aided schools-Lower Middle Class
Government and Local Authority Schools –Poor
Education Guarantee Scheme –Non formal-Flexi schools –Marginalized and Excluded
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
LET US REDEFINE THE GOALS FOR POST 2015
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Equal Opportunity- eliminating all forms of exclusion,
segregation , inequality and discriminations
Minimum 15 percent of the national GDP for RTE
Equitable Quality –common minimum standards for
quality learning
Downward (to cover 0 to 6) and upward (to cover 15 to 18)
extension of RTE-to comply with UNCRC
Abolition of all forms of Child Labour to align with RTE
Education as a social good- Check on privatisation,
commercialisation and corporatisation of education
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU
TO CONCLUDE
Law is an instrument .Justice is its function
and its validation. If there is nothing to hope
from the law, and if injustice is legalised,
insurrection will rise .
V.R.Krishna Iyer
Former Judge Supreme Court
Law Versus Justice: problems and Solutions
Niranjanaradhya.V.P-Centre for Child and the Law-NLSIU