At the time of independence, the drafters in the constituent assembly had a vision to impart elementary education to all children up to the age of 14. This vision was passed as Article 45 under Directive Principles of State Policy, which are not enforceable by the courts. So, the intent could never take a serious path and there was no right ‘per se’ for children for even elementary education. In the subsequent years, there were many other proposals also like the National Education Policy, 1986 and the Sarva Siksha Abhiyan, 2002, which came up, but none made elementary education a right and therefore it was not enforceable by law. The Parliament has now, after 60 years of independence come out with ‘The Right of Children to Free and Compulsory Education Bill, 2009,’ which envisages free and compulsory education to children in the 6-14 age group. After the President’s assent, this bill has become the fundamental right of every elementary school going child. This has been inducted as Article 21 A of the Indian Constitution. This act could well prove to be a national enterprise that would help shape India ’s future. The legislation would ensure every child’s right to education, and the obligation of the government to impart it. There are many features of this act, which may help develop the overall average standard of elementary education in the country.
The right gives for free and compulsory education to all children of India in the six to 14 age group. This also has the provision that if a child has not been able to complete or receive elementary education and has presently crossed the upper age limit specified in the act, then also he/she is entitled to get education up to that level. In other words, we can say that the right does not fix the age limits as exhaustive criteria for receiving education, but they are merely the inclusive parameters according to which a child has to be compulsorily put in schools. There can also be no donation or capitation fee on admission and no interviewing the child or the parents as part of the screening process for the admission into any school. Some other important points that may help retain students in the schools are that no child shall be held back, expelled, or required to pass a board examination until completion of elementary education and a child who completes elementary education (up to class 8th) shall be awarded a certificate. The medium of instruction shall be in the mother tongue as far as possible. There is also the restriction on teachers to impart physical punishment and mental harassment upon the students, failing to which there would be strict disciplinary action upon the teachers. There may not be any great steps in the right for the advantage of backward classes, but it gives that there shall not be any differentiation among students on the basis of caste or economy. The provision for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools is also a good step to take students from all sections to the same footing and platform. This right also calls for a fixed student-teacher ratio for every class. The necessary provision of separate toilets for girls and boys, clean drinking water facilities, a library, playing ground and equipments required for teaching and playing is also a good step and would help in the all round development of the child.The act also makes it necessary for school teachers to get adequate professional degree within five years, failing which they may lose their jobs. The school authorities also need to work upon the school infrastructure which, if there is any problem, needs to be improved in three years; else recognition of the school would get cancelled.
The financial burden would be shared in a fixed ratio by both the central and the state governments, as education is a concurrent subject according to the Indian Constitution. The bill has been passed, become an act and also came into force making free and compulsory education to all children a right of theirs. This has taken more than fifteen years since the idea was first mooted at the national level. Earlier, provision of education was only an act of morality, to be helped by the governments, authorities for the benefit of the children. After this act, elementary education is the right of a child, to be enforced and practiced by the government and the authorities for the necessity of the child. Now, there can be legal remedies and redressals if any child does not go to schools for receiving elementary education and if any of the standards of the said school does not meet the standards specified in the act. This right gives the direct link between the children and elementary education and the school and the authorities are the bridge to help get to the link. If the bridge, in any way, is not up to the mark, then the child can seek judicial remedy. With the passing of this Act, we can say that the legislature has passed out an important and well intentioned Act. Now it remains to be seen how this Act is maintained and handled by the various Governments. Because, the main issue starts from now- that is the coordiantion between the governments- at centre and states- in implementing this Act.
Ipsit Acharya
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