II Year B.B.A., LL.

B – Semester-III (2022-23)

2nd - Internal Assessment

Subject – Developmental Lawyering Practice

Topic – Data Based Research on Application of a

Community lawyering Model

NAME: Mariya Chherawala

DIVISION: A

PRN: 21010126056

COURSE: BBA LL.B. (H)

BATCH: 2021-2026
Introduction

In recent years, the Indian education system has undergone considerable reforms, with Kerala
at the forefront of this effort. Kerala has long been noted for its high literacy rates and
emphasis on education, but there is growing understanding that the state's education system
must be modified to meet the changing demands of the twenty-first century. The legislative
reformation of the Indian education system in Kerala aims to address these issues by
introducing new policies and regulations that will improve educational quality, increase
access to education, and ensure that all students have the opportunity to reach their full
potential. In this article, we will look at the essential components of Kerala's legislative
reform of the Indian education system, as well as its possible influence on the state's
educational environment.

Different Ancient System of Education

India has a long and illustrious history in the fields of learning and education. Kerala in
particular has a reputation for having traditional educational institutions that have developed
through time. In Kerala, some of the most traditional educational structures are:

- Gurukulam: In the Gurukulam system, students were taught a variety of disciplines,

including as literature, philosophy, maths, and religion while living with their
instructor or guru. Practical knowledge and actual learning were prioritised above just
academic information.

- Vedic education: The Vedas, the most revered texts in Hinduism, served as the
foundation for Vedic education. These texts were taught to students, along with
astronomy, astrology, and Sanskrit, as well as how to recite and memorise them.

- Madrasa education: Arab academics and businessmen brought madrasa education to

Kerala. In this system, students were taught Arabic language and literature along with
Islamic theology, law, and philosophy.

- Traditional art forms: Kathakali, Mohiniyattam, and Koodiyattam are just a few of
Kerala's well-known traditional art forms, all of which were taught in schools. Music,
dance, and theatre were taught to students, and these artistic disciplines were regarded
as significant facets of Kerala's cultural history.
These more traditional teaching methods in India, particularly in Kerala, had a big impact on
the state's and the nation's educational institutions. Even though many of these traditional
educational systems have been replaced by more contemporary ones today, they still play a
significant role in India's cultural heritage.

Issues with current system of Education

There are a number of issues with the Indian educational system, particularly Kerala's, that
must be fixed right now. The absence of adequate infrastructure in schools and colleges is
one of the most important problems. India has a large number of educational institutions that
lack proper classrooms, libraries, and labs. Students find it challenging to study as a result,
and research and innovation are constrained.

The very impractical teaching techniques used in India's educational system are a serious
problem as well. The present educational system mostly emphasises memorization, which
discourages critical thinking and innovation. Due to this, students are less ready for adult life
and are unable to make meaningful contributions to society.

Another big problem with the Indian educational system is the low remuneration for
instructors. Even though teachers are among the most important components of any
educational system, in India they are frequently underpaid and overworked. This has led to a
teacher shortage and a decline in educational quality.

Concerns about political effects on the curriculum are also raised by the Indian educational
system. Instead than emphasising objective facts and critical analysis, the curriculum often
serves to further a certain political goal or ideology. This makes it more difficult to establish
a comprehensive, objective education.

Additionally, India's education system is very patriarchal and excludes the works of female
academics. This does not provide a complete understanding of history, literature, or science,
and it promotes gender stereotypes.

Another important issue is the absence of sex and sports education. Although schools and
colleges frequently disregard them, sports and physical activity are crucial for a student's
physical and mental development. Similar to how sex education is a taboo topic in many
Indian communities, this might result in misunderstandings and a lack of information on
reproductive health.
Unconventional subjects like the arts, humanities, and social sciences are also seen with a
closed mentality. The breadth of education and research is constrained since these subjects
are often seen as being less significant than science and technology. The educational system
must be diverse in order to accommodate students' varied interests and abilities.

Government Schemes

To address the issues with the education system in Kerala and the nation at large, the Indian
government has introduced a number of projects and programmes. These are a few of the
schemes:

- Samagra Shiksha Abhiyan: This is a centrally funded programme that was started in
2018 to provide all children high-quality education from preschool to senior
secondary levels. The programme focuses on enhancing school facilities, giving
teachers greater training, fostering inclusive education, and guaranteeing gender
parity.

- This programme, known as Rashtriya Madhyamik Shiksha Abhiyan, was introduced

in 2009 with the goal of raising the standard of secondary education in the nation. It
focuses on boosting student digital literacy, delivering excellent instruction,
encouraging vocational education, and strengthening school infrastructure.

- "Beti Padhao" and "Beti Bachao" This is a major initiative that was started in 2015 to
support girls' education and combat gender inequality. The programme seeks to boost
the effectiveness of social services for girls, the proportion of girls enrolled in
schools, and the use of gender-responsive teaching strategies.

- Mid-Day Meal Programme: This programme was started in 1995 to provide students
attending government and government-aided schools wholesome meals. By giving
kids a healthy breakfast during class time, the programme hopes to increase students'
attendance, retention, and academic achievement.

- A programme called "Digital India" was started in 2015 with the goal of transforming
India into a knowledge-based society and economy. The programme strives to offer
all residents, especially students, with digital infrastructure, digital literacy, and digital
services.
 - A portal called the National Scholarship Portal was established in 2015 to provide
scholarships to students from economically disadvantaged groups. Students may
check the progress of their applications and apply for scholarships using the portal's
single-window interface.

- The Sarva Shiksha Abhiyan programme was introduced in 2001 with the goal of
offering free and required education to all children between the ages of 6 and 14. The
program's main objectives are to raise educational standards, improve infrastructure,
and support inclusive education for everyone.

These plans and initiatives have been put in place to address the numerous problems with the
educational system in Kerala and the nation at large. They want to improve the facilities,
provide high-quality instruction, advance gender parity, improve digital literacy, and award
scholarships to students from economically disadvantaged areas.

Current Scenario and a few Case Laws

A number of significant court cases involving educational reforms in India have taken place,
especially in the state of Kerala. Here are some notable examples:

- The Supreme Court of India determined in Unnikrishnan JP v. State of Andhra

Pradesh (1993) that the right to education is a basic right protected by the Indian
Constitution. The Court also ruled that private educational institutions may only
function in conformity with certain regulations and that the State has a responsibility
to offer education to its inhabitants.

- In the 2005 decision of P.A. Inamdar v. State of Maharashtra, the Supreme Court
supported the freedom of private, unaided educational institutions to exercise
autonomy over admissions and tuition, subject to certain comprehensible limitations.

- Kerala Education Bill Case (1958): This significant case considered whether the
Kerala Education Bill, which aimed to control private educational institutions in the
state, was constitutional. The Bill's violation of the rights of private educational
institutions led the Supreme Court to rule that it was unconstitutional.

- In Unni Krishnan v. State of Kerala (1993), the Supreme Court ruled that the State
had a responsibility to educate its people, including all children under the age of 14.
These instances demonstrate the value of education as a basic right and the need for the State
to ensure that all people get high-quality education while simultaneously upholding the
independence of private educational institutions.

Conclusion

In conclusion, the Indian educational system has advanced much from its traditional
foundations, but significant adjustments still to be made. It is necessary to address the
shortcomings of the present system, which include a lack of infrastructure, ineffective
teaching techniques, poor teacher compensation, political effects on curricula, patriarchal
prejudices, a lack of sports, sex education, and a lack of openness to unusual sectors like the
arts. Although the government has introduced a number of programmes and initiatives in this
direction, much work remains. Prioritising diversity and inclusiveness in the classroom is
crucial, as is giving kids a place to develop their passions and skills. Education in India,
particularly in areas like Kerala, may have a better and more egalitarian future with the help
of the government, educators, and the general public.

References

1) https://www.academia.edu/43038737/
A_Critical_Study_of_Indian_Higher_Education_System_Challenges_and_Measures

2) https://www.researchgate.net/publication/
354269387_A_Critical_Analysis_and_a_Glimpse_of_New_Education_Policy_-2020

3) https://www.researchgate.net/publication/
286076989_Quality_and_Inequality_in_Indian_Education_Some_Critical_Policy_Co
ncerns

4) Poornima Tappas, Deepak Pillai - Pathways of Reform in Education: Evidence From

India, International Review of Business and Economics, Vol 6, Issue 1.

5) Falguni Suthar, A Review on Indian Education System with Issues and Challenges,
Int.J.Computer Technology and Applications, Vol 11, Issue 2