A Project Report On

“RIGHT TO EDUCATION”

Submitted By: Name – Kumar Ankit Semester – 1st Roll Number – BALLB/2012/57

This helped me in choosing a topic on my own and working on such a topic chosen by myself was worth it.The Almighty who has been a constant support till the end and throughout my journey of this project saga .supporting me in each and every aspect I sought it.ACKNOWLEDGEMENT First of all. Last but never the least.without whom my work is incomplete. I would also like to thank my parents for believing in me.I would like to thank our very own Nirmala Madam for allowing me to choose a topic on my area of interest. I would also like to thank my friends for being on my side throughout the whole journey of this project and giving me valuable ideas. This has helped me in gaining long insight into this topic which will help me further in my life.

CONTENTS  INTRODUCTION  DEFINING THE RIGHT TO EDUCATION  HISTORY OF RTE IN INDIA  Assessment of fulfilment  THE 4 – A SCHEME  SUGGESTION FOR THE IMPLEMENTATION OF RTE ACT  PROBLEMS WITH RIGHT TIO EDUCATION ACT  CONCLUSION  BIBLIOGRAPHY .

largely due to additional resources made available through the SarvShikshaAbhiyaan to bridge existing gaps. On the contrary. For instance. The role of the private sector was recognized even in the 1960s when the KothariCommission was assigned the task of preparing a road map for school education in the country. This study is an attempt to explore the role the private sector can play in implementation of the RTE. whereby states were required to ensure provision of free and compulsory education (FCE) to all children till the age of 14 years within a period of 10 years of the formulation of the Constitution. It made its way into the Constitution as a Directive Principle of State Policy under the former Article 45. There are varied opinions on some sections of the Act from different perspectives. some groups feel that it is not friendly toward small organizations that are making an attempt to reach out to disadvantaged groups. The scheme is now being extended to the secondary school level as well. inclusion of a schedule to set up norms and standards has by and large been welcomed. We hope this will make our readers understand some of the different perspectives.INTRODUCTION The Right to Education Act (RTE). although there is a strong opinion that it does not address quality issues adequately. the private sector has also played a role in improving the state of education in the country and continues to do so. There has been significant improvement in terms of the number of primary schools. but are not adequately resourced to meet the norms and standards laid down in the Act. the Central and state governments are both responsible for ensuring effective implementation of the Act. Free and compulsory education for all children had been debated even in pre-Independence years. enacted in 2009. The study includes some views and counters those on some aspects of the Act. Being part of the concurrent list. there is an expectation that this will finally be translated into provision of quality school education for all children. It is the culmination of efforts made by educationists. Over the years. In addition to the Government’s initiative. With the RTE coming into force. There is enough evidence to suggest that this goal has not been achieved even several decades after India became independent. there has been . members of civil society and judiciary for the last many years. has ushered in hope for school education in the country. It is the primary responsibility of the Government to ensure implementation of the Act.

then how will programs be sustained. INGOs. If child rights are central to all planning efforts. This raises the question. including NGOs. According to the law of the land. education cannot be a means to making profit. . There is a demand for allowing “reasonable returns”on the investment the private sector makes toward education so that its efforts are sustained. Each stakeholder brings a different set of skills. We have defined the private sector as nonstateplayers. We owe it to the next generation to make it possible for them to reap the benefits of the demographic advantage we have today. It is also our belief that universalization of quality education cannot be achieved without strengthening the public education system. The genesis of this perhaps lies in the ever increasing inequality in the education system. corporate foundations and resource agencies. civil society groups.minded stakeholders to come together and supplement each others’ efforts. there is a lot that different stakeholders can do collectively to support the Government in achieving its national agenda. We believe it is possible for like. if these reasonable returns are allowed. where will it stop? Will there be enough safeguards to ensure that children from economically disadvantaged sections are not denied education because they cannot afford to take admission in schools? Is 25% reservation in private schools the only answer to address issues related to social inequality? We believe that while discussing the role of the private sector. which has shaped the two faces of the country “India” and “Bharat” — one for the elite and the other for the have-nots. Private and public schools can co-exist. This perception is also impacted by civil society’s resistance to globalization. On the flip side.uneasiness in accepting the role of the private sector. which can collectively help in effective implementation of the RTE. but can greater efforts be made to improve the public education system? We hope this study provides some ideas on how this can be achieved. it is important to define what the sector actually is.

the confidence to speak in a variety of forums. and four years after the draft bill was prepared by the CABE . In some cases the right exists along with the assumption that the user should pay for this right. and government‟s obligations. and without education people lack the capacity to „achieve valuable functionings as part of the living‟. and ratified. In others. seventy one years since Mahatma Gandhi gave the call for universaleducation in 1937. a lack of government support for the right to education hits the poorest hardest. the right to education is also an enabling right. sixty one years since independence. Education gives people the ability to access information detailing the range of rights that they hold. international conventions (such as the UN Convention on the Rights of the Child) far fewer have integrated these rights into their national constitutions or provided the legislative and administrative frameworks to ensure that these rights are realised in practice. Inevitably. However. while the vast majority of countries have signed up to. national constitutions and development plans. capacity and confidence to secure other rights. undermining the very concept of a right. six years after the 86th constitutional amendment was passed by the Parliament in 2002 by inserting Article 21A making education a fundamental right for children in the restricted age group of 6 to 14 years. It supports people to develop the communication skills to demand these rights.Defining the right to education The right to education has been universally recognised since the Universal Declaration of Human Rights in 1948 (though referred to by the ILO as early as the 1920s) and has since been enshrined in various international conventions. Today. instead of making education a fundamental right made it part of the Directive Principles. the right to education is still denied to millions around the world. the right exists in theory but there is no capacity to implement this right in practice. If people have access to education they can develop the skills. and the ability to negotiate with a wide range of government officials and power holders. History of RTE in India 15 December 2008. fifty eight years since theConstitution. As well as being a right in itself. Education „creates the “voice” through which rights can be claimed and protected‟. fifteen years since the Supreme Court in 1993 ruled on the right to education.

Yet. the government ignored it. and further that the Centre could be burdened with a plethora of court cases. in 1993 in the Unnikrishnan case. the Right to Free and Compulsory Education Bill was introduced in the RajyaSabha on 15 December 2008. questioned the prime minister on the quantum of funds required (on the basis of reduced projections of child population figures by the Registrar of Census in its 2006 corrections to the Census 2001figures). NUEPA made cost calculations in different scenarios. the introduction is undeniably momentous . So as of today Indians have one more fundamental right i. Essentially it was felt that it was much too expensive for the Centre to fund the scheme as per the NUEPA calculations. the central legislation was resurrected. in August 2007. The amounts in each case fell well within the six per cent of the GDP norm promised by the Common Minimum Programme of the present UPA government . Once the states rejected the recommendations and many of the critics.e Right to Education. 2009. so let the states with financial assistance from the centre assume both these responsibilities. the response of the government was no different! The high level group set up by the prime minister to examine the economic and legal implications of the bill recommended that the states bring in their respective legislations for reasons not disclosed. despite a much better economic situation than during Gandhiji‟s time in 1937. and in any case they are prone to misuse central funding for freebies like cheap rice and colour TVs for buying votes.committee. The phrase used was that „states were flush with funds‟. . using the KendriyaVidyalaya salary scales and state government scales for teachers and all the provisions of the mandatory schedule. and perhaps because of the „political‟ value of such a legislation on the threshold of parliamentary elections. When the current draft was being prepared by the CABE in 2005. Though the delay on part of the state is deplorable. The Supreme Court. Finally in last two months RTE got the momentum after KabilSibbal coming aboard as the Human Resource Cabinet minister in the new Manmohan Singh Government and it was quickly tabled and passed first in RajyaSabha and then in Lok Sabha5 in August. ruled that the right to education would be restricted by the economic capacity of the state only beyond age 14.

has to respect. accessible. acceptable and adaptable. others actors. Katarina Tomasevski. which as the privileged subject of the right to education has the duty to comply with compulsory education requirements. as the prime duty-bearer. Each one of thesecharacteristics is extracted from the right to education and refers to obligations which should be undertaken by the government in order to fulfill its commitments. The framework also places duties on other stakeholders in the education process: the child. As far as infrastructure for schooling is concerned. can assist on the realization of this aspect of the right to education. acceptable and adaptable. The 4 As framework proposes that governments. the parents as the „first educators‟. Another topic related to . but is not necessarily the standard used in every international human rights instrument and hence not a generic guide to how the right to education is treated under national law. namely teachers. Availability is the first component of the right to education in Tomasevski's (1999) framework. as Tomasevskihighlights. Note. It refers to existence of educational institutions within reasonable distance for pupils' attendance it refers to security within the educational system. The 4 As have been further elaborated as follows: The 4-A scheme The 4-A relate to availability. like private investors. it requires active employment of resources from the nation-states that can be a constraint to the realization of rights but. It relates to the possibility of education being obtained by all without any discrimination. that all the criteria are interrelated for there is no divisibility of the right and only a holistic view can generate the concept of the right to education. however.Assessment of fulfilment The fulfilment of the right to education can be assessed using the 4 As framework. acceptability and adaptability. It translates the juridical notions into comprehensive fragments of the substance of the right to education. which asserts that for education to be a meaningful right it must be available. The 4 As framework was developed by the former UN Special Rapporteur on the Right to Education. accessibility. as well as to making entry into the educational system available to all regardless of age or social condition. protect and fulfil the right to education by making education available. accessible. and professional educators.

It requires other components to make it holistic to all. the problems with realizing the right to education are not linked to poverty. Accessibility means governments must strive for the practical elimination of gender and racial discrimination and ensure the equal enjoyment of all human rights. The right to education should be realized progressively. new issues continue to arises. however. Measures for preventing such discrimination should be in place to insure that all have access to the educational system. Accessibility also relates to gender and racial discrimination. and facilitating access to post-compulsory education as circumstances permit. complementing the cultural and ethnic discrimination variable described in availability. the right to education would not be complete. even if all those aspects of the right to education are assured in practice. free and compulsory education is available as soon as possible. Ribeiro considers that such a compulsoriness and freeness compose the minimum standards of the obligation . Although in many cases. secondary and tertiary levels of education in different ways. However. tends to create a link between poverty and lack of education. All treaties establish that primary education shall be compulsory and available free to all. Therefore. includes direct costs but also indirect and opportunity costs and other "invisible costs". ensuring allencompassing. The degree to which accessibility of education should be made available. changes as the schooling cycle progresses. In addition. It has been evident that in many countries it is those indirect costs which disable people to effectively enjoy education. white availability of education refers to the existence of the schooling system. better education can be translated into wealth. in economic terms. Note. accessibility relates tothe primary. such as in the northeast of Brazil. Tomasevski argues that the matters lie on policy rather than poverty. The freedom. as Ribeiro defines it.availability is the insurance of free and compulsory education to all. and must not besatisfied with merely formally prohibiting discrimination. such as non-citizens being denied or offered low-grade education. Special importance is given to primary education in all of the international legislation concerning the right to education. governments are only obliged to provide access to free and compulsory education for all children in the compulsory age range. also that "discrimination is a moving target: in addition to old forms of prejudice needing greater scrutiny. the availability of the right to education aims to assure that no indoctrination occurs in the educational system and that tolerability of views is practice. These indirect costs make education unavailable to many. The assurance of free education. accessibility refers to the possibility of entering it and remaining in it. however. In terms of ideological freedom. No discrimination for the entry into the schooling system due to cultural characteristics.

for example. yet. for. It involves curricula setting and respect for parents' views on the education of their children. As seen. Higher education is. there are very few guidelines given by international treaties and national legislations on this matter. Acceptability is one of the very important themes that guide discussions regarding the right to education for the people that might have education available and accessible but with poor quality which does not lead to the desired outcomes. with no delay". Acceptabilityhas been considerably broadened through the development of international human rights law: indigenous and minority rights have prioritized the language of instruction. the right to education varies according to the level of education being examined however availability is not automatically translated into the realization of the right to education. technical and vocational education. whether the institutions are public or private. In theory. Therefore. The emerging perception of children as subjects with the right to education and with rights in education has further extended the boundaries of acceptability to include the contents of educational curricula and textbooks. These guarantees have to be set. however. which should take the form of formal. we follow on the analysis of the next criteria for understanding and assessing the right to education.towards the right to education which should be observed "immediately. Availability and accessibility are the key words for this level of education. but it is much wider in scope than this. As Tomasevski says. for example in terms of health and safety or professional requirements for teachers. international organizations such as UNESCO should be available to assist states in the formulation of technical expertise to develop a coherent . the language of education and the culture of education. As far as secondary education is concerned. monitored and enforced by the governmentthroughout the education system. less assured than secondary for it should be made accessible on the basis of state capacity and with progressive introduction of free education. as Ribeiro continues to say "there is no compulsory requirement nor there is a guarantee that it will be made available and free to all". while the prohibition of corporal punishment has transformed methods of instruction and school discipline. Acceptability requires minimum guarantees regarding the quality of education. the progressive realization of the substance of the right is what the international treaties require. This is a hindrance in the international system for education but it reflects a compromise which would suit states capacity in the supply of education. which are increasingly considered from the perspective of human rights.

The characteristic of adaptability directly deals with methods of teaching and with “making education responsive to the immediate reality facing children in their own community" . Participation becomes a valuable resource in this context as it enables the children to voice their experiences and demand for responsiveness of the schooling institutions towards their individual education process. graduate employment by ensuring integrated planning between the relevant sectors . to monitor.curriculum which would enable students to learn skills to match the goals of education. However. It would also be part of the same groups of institutions to assist countries on the formulation of indicators to measure the quality of the educational system. This necessitates cross-sectoral analysis of the impact of education on the wholerange of human rights. and this is another example of how education must develop a balanced. Adaptability requires that schools respond to the needs of each individual child. for example. mutual relationship with all other areas of society to maximize its effectiveness" . The ideal that education only regards children permeates the literature regarding this aspect of the right to education but adaptability should concern every student. training and salaries. Another aspect of acceptable education lies in the bridge between the educational system and the labour market. regardless of age. who become plaintiffs of better educational policies as well as demand for collective rights. Concerns regarding discrimination also figure within ILO rulings. such as teachers and parents for instance. none of the above aspects of the right to education would be complete without the adaptability of education to the best interest of each student. ethnic origin or whichever other circumstance. As human rights do not exist in isolation. in keepingwith the Convention on the Rights of the Child. One important aspect of this involves close participation between education and the labour sectors. "Achieving an acceptable level of quality education also demands that attention be paid to the opportunities school-leavers can expect to enjoy when finishing education and entering the job market. . sex. Making education acceptable also means attending to other actors. This reverses the traditional approach in which schools expected the children to adapt to whatever form of education the school provided. adaptability involves safeguarding all human rights within education as well as enhancing human rights through education. The International Labour Organization (ILO) conventions have been instrumental in assuring this aspect of the right to education as they handle issues such as the right of teacher to organize for better working conditions.

Williams (2005) narrates the importance of the participation of children in the shaping of their scholar needs and of other rights related to their sphere of activity. Four tiers in the management structure need to be strengthened and empowered to make implementation of the Act more effective. Adaptability means to do that. At the community level. Civil society can play a much larger role in creating this awareness. the Centre can demand its implementation by linking it with the SSA and other development grants. there will be limited initiative and ownership on their part. . to adjust education to peoples changing realities. Unless people understand its contours. SMCs and Panchayat Raj Institutions (PRIs) need to be trained about their roles and responsibilities. strengthening of systems and human resource development is also needed to make efficient use of available resources. Suggestions for implementation of the RTE Act Suggestions given by respondents maybe categorized under four broad areas: Awareness Awareness among communities about the Act is one of the key aspects for it successful implementation. Capacity development Capacity development is required at various levels to operationalize the Act. Both require different set of skills. awareness among people about the Act is low. Planning and monitoring of programs is as important as improving the quality of education imparted. i. The State Commission for Protection of Child Rights (SCPCR). and most importantly. which is the . Management Management functions should be reviewed and bottlenecks in implementation of the Act identified. if required. ii. dignity and in freedom. If some states are dragging their feet in implementing the Act. teachers should be trained to impart childcentered education. she highlights how the opening of innovative ways for participation enhanced their right to live in equity. The Centre should also address state-specific concerns and provide support. At present.

The mere proclamation of a right cannot tantamount to its fulfillment. Effective implementation of the Act will depend on how effective Gram Panchayats (GPs) and Nagar Palikas are. the Delhi Government has initiated online attendance of teachers. For example. It is this aspect that has. Innovations There have been many innovations in the area of classroom transactions and distribution of entitlements from which one can learn. Indeed. It is therefore important to ensure that an effective SCPCR is in place. for the first time in over 60 years. and its “actual enjoyment” is possible only when effective institutions are in place to . has not been effective in many of them. teachers desirous of seeking transfers can make online requisitions and even give their preference for the schools to which they wish to be transferred. iv. The register closes at a specified time and teachers who do not mark their presence up to that time are marked absent. Similarly.monitoring agency for implementation of the Act in different states. These should then be monitored through independent mechanisms. been tacitly accepted by the Government in passing the Act of 2009. Several high-level Committee Reports have debunked the myth of financial constraints and shown that the provision of free and compulsory education at the elementary level is well within the wherewithal of the State. Today. iii. subsequent Governments have chosen to hide under the garb of unavailability of resources in implementing National Policies on Education. one of the foremost concerns in acknowledging a fundamental right to education had been the problem of „economic capabilities‟ of the State. Local authorities need to play a crucial role. The Act clearly mandates a responsibility upon appropriate authorities to establish and maintain infrastructural mechanisms to facilitate the guarantee of this right. This helps to streamline the process of attendance and transfers. Problems With The Right to Education Act After India‟s Independence. They need to be given sufficient resources to implement the Act. technology can be put to good use to collect information and make planning more need-based. There should be a bottom-up approach and more autonomy given to schools.

. which might hinder their prospects of education. there is no effective mechanism to enforce the right guaranteed under the Act. It is a social reality that children are employed from a very early age. in various circumstances within and outside their homes. is that of free and compulsory education for children till the age of six years. and must widen its scope to ensure the mitigation of child abuse in formative years. The provisions fail to identify the correct authority or State agency that will hear grievances and enforce the right – a lesson is to be learnt from successful legislations such as the NREG Act and the RTI Act. and it is therefore important to ensure the effective and speedy redressal of concerns. Therefore it is not sufficient that the right be guaranteed only from the age of six. it is important to ensure that children below the age of six are also brought within the targets of the Act.  One of the major concerns that the Act has left unanswered. As provisions stated in the preceding segments indicate.guarantee that right. which clearly provides for the responsible officer/agency to seek recourse under. The State and National Commissions for Protection of Child Rights may not be institutions accessed by all at the ground-level. By taking on the duty to establish a school in every neighbourhood. While Unnikrishnan emphatically proclaimed the right of all children to elementary education till the age of 14. The extensive body of research (from State and civil society) on the importance of education at a pre-primary stage. there exist a number of problematic areas which need redressal in the scheme of this legislation.  Significantly. and the rising percentage of India‟s population under the age of six. the State has not taken on board the acute social milieu which has hitherto presented problems in ensure elementary education. the Act makes no reference to the Child Labour (Prohibition and Regulation) Act. A right to education is ineffective in the absence of a school to ensure the enrollment of a child and to impart free. In order to cope with the burgeoning problem of child labour. subsequent legislations and even the Constitutional Amendment have diluted its ambit and confined free and elementary education to children between six and fourteen. further corroborates the necessity to guarantee such a right. our commitments to international obligations. a local authority having jurisdiction may take up the complaint. 1986 and there is no categorical statement which prohibits the employment or engagement of children.  In failing to realize the right of children to free and compulsory education. and stipulating conditions to aid the functioning of such schools. Having stated that. In fact. the Government has taken the first step in the right direction. elementary education.

in order to ensure free and compulsory education.Thus we are confronted with a problematic situation where parents would like to send their children to a private school X. except in the two instances specified under S. under the 25% quota provided to them by virtue of the Act. This unfortunate situation ties in with the lack of qualitative requirements under the Act. the provisions result in a situation where the local authorities are both the implementing functionaries (in school management. there would be several instances where interests conflict. which might result in an inappropriate enforcement of the right. which was implemented in the US to bring about community harmony. the right of child to free and compulsory education is limited to a neighbourhood school. the State‟s correlative duty to guarantee the enjoyment of the right is considerably affected in the absence of effective enforcement mechanisms. Clearly. there is no attempt made to define what a „neighbourhood‟ constitutes. Further.5 of the Act. What the Act has done is to borrow the erstwhile American concept of a neighbourhood school.Incidentally. However. but would probably be refused. The onus in the West today is on (parental) choice.  The Act stipulates that the State must establish a school within the limits of neighbourhood. curriculum development etc) and grievance redressal institutions. since a Government school Y is established and operational in the neighbourhood. . and it is important to ensure that the lack of qualitative yardsticks does not impediment in the exercise of this right. Consequently. even if the conditions there are abysmal.

Some of these can be resolved through legal recourse or policy changes. While the ultimate responsibility of providing education rests with the Government. . as enshrined in the Constitution. These initiatives are improving certain aspects of education at some of the places where they are being implemented. with the National Policy on Education 1992 as the backdrop.CONCLUSION As is evident from data and feedback from respondents. There are several pilot initiatives that have been taken up by nonstateplayers. others will need to be addressed as the Act is rolled out. it is evident that the Government’s efforts alone will not be sufficient to provide good quality education to all. there are several issues that need to be addressed for effective implementation of the RTE Act. The formulation of the RTE Act has provided an opportunity to converge different efforts by using it.

com/Publication/vwLUAssets/EY-Right-toeducation/$FILE/EY-Right-to-education.right-to-education.right-toeducation.ey.gn.apc.pdf .p df http://www.org/sites/r2e.BIBLIOGRAPHY http://www.org/node/233 http://www.org/files/Shantanu_Gupta_RTE%20in%20India.

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