RIGHT TO EDUCATION BILL

Though right to education to Indian Children has been declared as a fundamental right, under right to life, in Unnikrishnan case, by Supreme Court in 1993, a formal provision by the 86th amendment to the Constitution of India, by inserting Article 21A was made by the Parliament in 2002. This mandatory provision makes the Government of India to provide free and compulsory education to all children of the age of six to fourteen years, by passing appropriate legislation.

Further, Article 45 of the Constitution under the Directive Principles of State policy also specifies that the Government of India shall endeavor to provide early childhood care and education for all children upto six years which means from Kindergarten to I Standard.

Article 51A(K) of the constitution declares that the parents have the Fundamental Duty to educate their children.

In view of these statutory requirements, the Right to Education Bill 2005 was drafted by the Government of India, but it was dropped due to stiff opposition from State Governments and powerful private schools.

However, the UPA Government has once again prepared another Right to Education Bill 2008 and tabled it in the Rajya Saba on 15th December 2008. During the current parliament session, it is expected to be passed as an act.

But most of the people, particularly the academicians are ignorant of this move. To create awareness about the provision of the bills and discuss about the pros and cons, a seminar was organized on 21st Febraury 2009,

by Shri Natesan Vidyasala Matric.Hr.Sec.School, Mannivakkam,
Chennai 600 048, near Tambaram, Chennai City, Tamilnadu State, India.

Excerpts of the seminar:

Mr.K.Govindarajan former Asst.Director of Matric.Schools, in his presidential address, briefly mentioned as to why such legislation was required.


Dr.N.Ramasubramanyan, Chief Principal and Correspondent of Natesan School, in his special address, made a detailed and critical analysis of the bill. He commenced his power point presentation with a sarcastic remarks “I spoke in 2006 about the Right to Education Bill 2005 which got lapsed. Now I speak on the Right to Education Bill 2008 which may also not which see the light of the day as legislation. I may again speak in 2010 or 2011 on yet another bill may be introduced later. ”He said, “ the age of 40% of Indian population is upto 18 years and that the average age of India is now about 24 years. Though 95% of the children between 6 and 12 years have been enrolled into schools, the drop out is as high as 50% from VI Standard and it goes upwards.

Though the Sarva Siksha Abyan Scheme has succeeded in enrolment of students at primary level drop out rate is very high, because of poor quality of education in schools. 38% of private schools and 60% of Government schools are very poor in standard and more than 50% of Government school teachers simply while-away the time without teaching. Contract teachers, with less salary, training and experience, contribute better till their services are confirmed.

Our very high quality education was targeted by Lord Macaulay to ruin our culture when he addressed the British Parliament on 2nd February 1835 as follows.

Ø Perhaps the address of the Lord Mecaulay to the British Parliament on 2nd February 1835, after traveling length and breadth of India for four years, may throw some light on this issue.


Ø “I have traveled across the length and breadth of India and I have not seen one person who is a beggar, who is a thief. Such wealth I have seen in this country, such high moral values people of such caliber, that I do not think we would ever conquer this country, unless
we break the very backbone of this nation, which is her spiritual and
cultural heritage and therefore, I propose that we replace her old and
ancient education system, her culture, for if the Indians think that all
that is foreign and English is good and greater than their own, they
will lose their self esteem, their native culture and they will become
what we want them, a truly dominated nation.”

The rest is history.
Some more facts about present Education.

Ø About 3.5% of GDP of the Central and State Governments are spent on education as against 6% proposed by Kothari Commission.

Ø Only about 10% of children pursue higher education in India as against, 60% in developed countries.

FUNDAMENTAL RIGHTS Under Constituion of India

Ø Right education has been declared as fundamental right under Right to Life under Constitution of India. This has been vindicated in the famous Unni Krishnan case in 1993.

Ø Subsequent to this judgement, by the Supreme court, the following Right to Education Article has been formally incorporated in the Constitution by way of 86th Amendment in 2002.

Ø Article 21A. Right to education. – 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.


DIRECTIVE PRINCIPLES OF STATE POLICY

Ø Article 45. Provision for early childhood care and education to children below the age of six years. – The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

Ø Article 45- Provision for free and compulsory education for children. – The state shall endeavor 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.”

FUNDAMENTAL DUTIES

Ø Article 51A. 1[K] who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Right to Education Bill?

Ø Right to Education Bill-2005, was made known to people on 25.08.2005.

Ø Due to stiff opposition from State Govts. and powerful private schools, the bill never got the light of the day.

Ø Now, UPA Govt. as per its election manifesto introduced the new Right to Education Bill 2008 on 15.12.2008 in the Rajya Sabha. This is likely to be passed in the current parliamentary session.



Ø Only 23% of married people who use SMS know above the bill. More than 92% of people think, it is a State legislation.

“PROBE” Public Report on Basic Education.

Ø In the age group of 6 – 12 years gross enrolment ratio has risen to 95% and for the first time the goal of universal school participation is within reach, in accordance with the resolution under Article 2 of the UN constitution.

Ø This includes children from SC and Muslim community also, though ST level is lowest at 89%. Thus disparities in school enrolment have considerably reduced.

Ø As regards infrastructure in Govt.schools, this has also improved. 3/4th of all primary school have drinking water facilities. At least 2 pucca rooms in schools have gone upto 84%.

Ø Toilet facility in 60% schools.

Ø Free uniform, free textbooks, etc are distributed to almost 100%

Ø Mid day meals scheme is in place 84% of schools.

But what about Quality Education?

a) It remains abysmally low. Enrolment does not mean attendance.
b) Class room activities are low.


Reasons:
Ø Shortage of teachers
Ø Pupil-teacher ratio is not proper and adequate.
Ø One teacher schools are about 33% which is mainly due to teacher absenteeism.
Ø Teacher present does not mean teaching. 50% of the teacher don’t teach, but while away the time.
Ø More than 50% students in 4th and 5th class, can’t do single digit multiplication or simple single digit division even in 5th class.
Ø Contract teacher number is increasing -40% in Govt. schools are under this category. Inadequate training and low salary of contract teacher affect their quality of work.

Ø But surprisingly their contribution is better than the permanent staff.
Ø The local village Education committees have helped to improve infrastructure, select teacher, and supervise mid-day meals schemes.
Ø But they can’t ensure quality teaching.

Does, this mean Private schools are the best suited?
Ø “Cheaper” Private schools are not different from Govt.schools. They cheat in the name of “English medium”
Ø Parents prefer 74% boys in private schools, Earlier it was only 51%
Ø In 1996-97,Girls are mostly sent to Govt.schools.
Ø The growth of private schools is phenomenal. It now accounts for 22.5% total schools -77.5% govt. schools.


Proposals & non-viability:
Ø With little seats, how to select? Even in Govt. schools, there are screening system.
25% free seats to poor students with a moderate compensation from
Govt.
This will be lead to emotional problems for poor students. Further,
75% of students will have to bear 100% students cost. Govt.
Compensation may range from Rs.900 to Rs.3000 p.a. Voucher system
may be introduced. But this has not worked even in USA-President
Mr.Obama sends his children to the best Private school and not to
govt.school.
Ø Donation / Capitation Fees: Any violation will result in 10 times of such fees as fine
Ø Instead of capitation fees, the fee itself may be as high Rs.10,000/- per month. No term as Donation/Capitation fees but, as tuition fees.
Ø No private tuition by teachers:
Ø It can’t be monitored. Even former U K Prime Minister, Tony Blair, said he sent his children for private tuition. Now retired teachers run tuition centres. Who will stop? Probably govt.teachers can be stopped, as per the rule and not others.
Ø No failure upto VIII
Even in USA UK, this is found to be not good.
Failure between 9th and 12th is very high.
31% pass in English and 35% in Maths.
These failed guys become anti-social elements.
Punjab and Himachal Pradesh Board exams is for V and VIII ndards
respectively.
Due to ABL, (Activity Based Learning) in Tamilnadu, III class students
do well in Maths and language and top in all India basis, according to
NCERT nationwide survey. But ABL is opposed by more than 50,000
teachers because this is not teacher-friendly nor student friendly and
does not enjoy the support of public. This is one reason for shift
from Govt.Schools to Private schools, according to them.


But NGO-PRATAM for 2008, reveals that
Ø Only 54.7% students in classes I and II can read letters and words.
Ø Only 36.3% students between classes III and V could perform basic arithmetic.
Ø Only 35.8% of students between class III and V could tell time.
Ø TN primary students perform poorly as compared to all other states.
Ø Only 2.7% children in the age group of 7-10 and 6.3% in the 11-14 years are out of schools in India, mainly due toSSA.
Ø Private Schools number is 22.5% in 2008, whichmean govt. schools 77.5% by 2008.
Ø 38% Private schools and 60% govt. schools are poor in quality.

Quality Secondary Education proposal by Central Government – Two schemes
Ø National Mission on Education through Information communication Technology (ICT)
Ø Rashtriya Madhyamik Shiksha Abhiyan (RMSA0 to improve enrollment to 75%.
Ø No.of Secondary schools 44,000
New schools to be added in the 11,188
11th five year plan =======
Total 55,188
======

The bill mentions about duty of parents to admit children in “neighborhood schools” but if such schools are poor in quality, parents can’t be forced to do so. Though the bill does not mention about common school education, the proposal of “national curriculum” is good as it is hoped that a uniform syllabus will be made applicable throughout the country.



Though donation cannot be collected, many private schools already collect enormous tuition fees. Reservation of 25% seats for poor students in private schools will result in higher fees burden on the remaining 75% students.

Further, the free education to poor students would lead to mental agony and emotional disturbances for such students, when comparing with tuition fees paying affluent children. Instead the voucher system giving option to parents to select schools of their choice and the Government paying the fees will be better. But this has not worked even in western countries.

Even slight punishment to highly mischievous children is prohibited. Hence talented teachers will not take up teaching in schools. They have started earning hefty income from their homes through e-teaching.

No screening of children and parents is perfectly justified. However, when more applications come for lesser seats, some method of selection is necessary as suggested by Delhi High Court.

No examination upto VIII Standard is a draconian measure which will only worsen quality of education. Such an experiment even in developed countries does not produce desired results.

While private schools will be subject to so many unreasonable restrictions to start and run, no such requirement for Government schools, however ill-equipped. It is a draconian measure, with a view to reduce the space for private schools.


Instead of rushing with such a half-baked proposal which is a political rhetoric, the government can wait for some more time, getting proper suggestions from un-biased, honest academicians and practical social activists”, Dr.Ramasubramanyan said.

Mr.Lakshmanan, former District Educational Officer, Chengalpet appreciated the thread-bare discussion on each and every provision of the bill and the efforts of the school to create awareness among various sections of the society.

Mrs.Gayathri Ramachandran, Principal welcomed the gathering and Mrs.Sujatha, a teacher proposed vote of thanks.

Many academicians, teachers from various schools, parents and public in large number participated in the seminar.


NOTE: As per the forecast of Dr.N.Ramasubramanyan, the Right to Education Bill 2008 was to made to lapse. Only after the Parliament Election in 2009, this proposal may be taken up for consideration, by the new Government at Centre.