Current Education Scenario in India:

Abstract
India is perceived to be the second largest country by its population in the world. But being
such a large populated nation, its resources are scarcely available and it struggles with
multiple and diverse social problems like, education is one of such problems which we are
focusing on. The Indian Government with various other agencies give their prime attention to
improve the condition of education system in India by running multiple education schemes
such as, Sarva Shiksha Abhiyan, Saakshar Bharat Programme, Padhe Bharat Badhe Bharat
etc. Millions of rupees are being spent to run and improve India’s system of education. As a
results of all these schemes, literary rate has reached up until 74.04% (as per 2011 census).
Nonetheless, the education quality and its infrastructure are not at satisfactory level in the
country. In fact, in the race of improving literacy rate, those in authority have become
indifferent and inattentive of the quality of education which is even a major concern. There
are many national and international institutions/agencies who question India’s quality of
education. It is an open secret that Indian graduates do not perform with qualities and as per
expectations. In consequence, they could not secure jobs as they are rated short on the
selection criteria by recruiters. Still for some, even after getting job opportunities they are
unable to meet employers’ expectations. Thus, frustrations and discouragements among the
youth and their parents are notably increasing.

Introduction
There is a proverb that says, “All is well that ends well” which simply means, nothing is well
if the end is not good. If this proverb is applied on the present educational system in India, we
realise that majority of its expectations are not satisfactory met, as in its level of performance.
In India, Education is provided by the Public sector as well as the Private sector, with control
and funding coming from three different levels: Central, State and Local body. Under the
articles of the Indian Constitution, compulsory and free education is provided as a
fundamental right of children between six to fourteen years of age. Government seems
making all possible efforts to improve the education system in the country with the assistance
of many other educational funding agencies. But, all these efforts seem to be falling short
when you apply “All is well that ends well” proverb on the education system. The result of
the current education system is not good enough as graduates do not get employed, as well as
not able to start their own work. Nonetheless, the concept is very simple, that for any process,
either it is manufacturing or services, if the output is not good and relevant, then, the input
and the process along with its infrastructure are also not commendable. For example, there is
no benefit of having a qualified computer hardware engineer who cannot repair a computer.
Hence, India has developed good infrastructure, designed process and policies, but the
ultimate output i.e. our graduates and engineers are not capable or prepared enough.
Corporates claim that they have to train and equip the newly hired graduates in order to make
them valuable for them.1

1
International Research Journal of Commerce Arts and Science
Objectives:
1. To draw the attention of the reader towards the deteriorating standards of
education in India.
2. To emphasize the need to improve the quality of education in India, in
collaboration with the Corporates and NGOs.

Issues:
The issues affecting the quality of education in India can broadly be classified into three
categories i.e. Access, Attendance and Attainment. Researcher has also added another
category i.e. Pedagogy and Quality. These four categories can actually be defined as four
pillars of any Education System. A brief description of these four pillars are given below:

Access-
In India, the inaccessibility of schools remains a great difficulty to a large number of young
people due to various reasons. In the name of each young person’s right to Education, the
Government has opened satellite schools in remote areas. Though it can be claimed that to a
large extent schools are available for the masses, there are still many connected issues with it
which are needed to be tackled to make schools truly accessible to masses. Schools in remote
locations are often run by ill-trained 'teachers' who are paid a pittance. Often, there are
schools with a single classroom with no potable water available neither toilets for students’
use. Moreover, parents are also uncertain about the safety of their children travelling to
school even if it is only half kilometre away from home. Simple needs like crossing
highway/steam on the way to school is a big concern for them.

Attendance-
Even if a child does get enrolled in a school, there is no guarantee that she will regularly
attend classes. In connection to this issue, there are a number of factors that keep the child
away from school/college. Even at the primary level (under right to education) teachers are
held accountable for enrolment, and seldom for attendance. In like manner, school authorities
and educators do not give proper encouragements to students for them to attend their
schooling. Same is with higher education institutes where attendance has always been a
concern/opportunity to make money.

Attainment-
This is the gravest issue. Indian education system was designed by the British rulers in order
to create clerks who will help the few thousand British administrators run a country of 406
Researcher used opportunity word because in some of the private colleges students do not
come to attend the classes throughout the year, and at the end of the year before issuing exam
hall ticket (permission to take exam), college authorities demand money from the students
and after taking money, they show student’s attendance as satisfactory to take exams. Thus,
college makes good money at the end of the year which in a way is black money.

Now,
Pedagogy and Quality-
In the education profession, inexperienced young people or those who remain jobless for
years are being recruited at very low salaries. For example, In India, it is allowed for a
student to pass 12th grade and do Junior Basic Training to become a primary teacher.
Similarly, for higher education, students are allowed to complete their master’s degree and
pass National Eligibility Test to become professors at universities. Thus, inexperienced
people start teaching while their knowledge remain limited particularly to their own subject
area only. Similarly, in order to be appointed as a professor in commerce department, a
candidate has to complete his master’s studies, qualify UGC, NET and do a research
(Ph.D.).Thereafter, spend few years with any corporate so as to know and understand better
one‘s profession and working method. After completing all these requirements, one can
become eligible for the job as a professor in a commerce department. Parallel criteria should
be considered for the other departments like science, arts, engineering, etc. After all, a
professor who builds the future of the country, has to have the potential and knowledge of the
real world and his field of profession. But over and above, teachers/professors are heavily
underpaid (in most of private school/colleges and temporary in government institutions),
which makes brighter minds distance from this career. Those who are in the teaching
profession give their full energy, dedication, maximum time and aim to augment their
earnings so as to meet their family needs. On the other hand, there are also many
teachers/professors who are under-qualified and could not even answer questions outside the
textbooks.2

Conclusion:
Education in India is considered unsatisfactory and immediate restoration and renovation is
much required in its deteriorating situation. India needs to improve upon its education
policies, teachers’ quality, educational system, infrastructure, and total innovative outlook
towards education. Corporates and government agencies must both open their doors to
respond to this great need of the society and work for better collaboration and teamwork with
NGOs to help bridge this gap. Government, NGOs and corporates together have to give
attention on the four pillars of education i.e. accessibility, attendance, attainment and
pedagogy, and quality to improve the standard of education.
There is a need to improve the schools’ course content, method and pedagogy to make sure
that teaching concretely responds to the expectations. Laboratories and collaborative
activities should be made part of the curriculum, so that students are securely exposed to
2
UNESCO Institute for Statistics
everything technical and non-technical, and henceforth start discerning their careers in life
accordingly.
Education up until 8th grade is basic and free, therefore, post 8th grade and then again after
10th grade (after completion of two year paid education), options should be given to students
in consultation with their parents whether they would like to continue their studies or want to
learn any technical skill and soon get a job. Accordingly, admission should be recommended
to the students. The government needs to create the infrastructure for technical skills with the
assistance of corporates.

Role of Legal education:

Introduction
Legal education is a human science which furnishes beyond techniques, skills and
competences. It provides occasions for articulation of theories of a just society and teaches us
that articulation must be grounded in historical realities so that the truth of the working of the
legal order is brought to the forefront. It is a subject of great importance in view of its
dynamic role in moulding the legal system of the country, thus being instrumental in the
accomplishment of the objectives of justice, liberty, equality and fraternity of a sovereign,
socialist, secular, democratic republic. Legal education is a broad concept. It includes the
profession which is practiced in courts, law teaching, law research, administration, in
different branches where law plays a role in commercial and industrial employments, and all
other activities which postulate and require the use of legal knowledge and skill.
Encyclopaedia of education defines legal education as a skill for human knowledge which is
universally relevant to the lawyer’s art and which deserves special attention in educational
institutions. In common parlance, it may be termed as a science which deals with the practical
aspect of the law of the land and consists of relating on statutes, moots or arguments on
points of law and putting of cases. Blackstone says legal education aims at imparting
knowledge of the country as part of necessary culture of a gentleman, nobleman and common
man engaged in a learned profession.3

Aims4 of The Legal Education

The prime object of legal education is to produce professional lawyers. The term
‘professional lawyer’ does not only cover the ‘litigating, lawyer, viz.,’ the lawyer who argues
before the ordinary courts but all persons trained in law, whose employment is mainly
dependent on their degrees in law.
There has been emphasis on double system in Law schools:
 To train men for the legal profession, and

3
U.G.C, New Delhi, 1990
4
Bharti, “Legal Education-Some Critical Issues”, 1999
  To provide a centre where scholars might contribute to an understanding of law and
government and participate creatively in their growth and improvement.
Objectives of a law school:
 Education in the qualities that should be found in a legal practitioner,
 Education which would train a man not merely in the work of solving problems of
individual clients but of the society in which he lives, and
 To act as a centre of research and criticism and contribution to the better
understanding of the laws by which societies are held together.

Legal education is to develop two fold skills-

 Effective learning- A step involved in competently completing a number of tasks,
such as interviewing a client or preparing to cross-examine a witness.
 Ability to remember facts client communicate.

Elaborating above points, Effective listening is a step involved to competently completing a

number of tasks, such as interviewing a client or preparing to cross-examine a witness.
Ability to remember the facts the client communicate is another skill that the legal education
must develop in the advocate. These skills may be generated through objectives which
involve three requirements- performance, conditions and standards. The aim of legal
education is revolutionizing the traditional legal system by developing in every law graduate
skill concerning counselling the clients, interviewing witnesses efficiently and negotiating
with parties at the appropriate point of time. It not only need to train the lawyer in solving the
problems of individual clients but of the society in which he lives so as to contribute to the
better understanding of the laws by which societies are held together.5

Conclusion
Today, the real challenge is on the legal and legal profession because people see lawyers as
more equally than themselves. They regard lawyers as trained persons to use the freedom
granted by the country’s constitution and to show them the way and also to protect in case
these freedoms are violated. So, the responsibility of legal education is very heavy, as
lawyers are meant to preserve the society and act as ‘healers’ and have to contribute not only
to their purse but more so to the happiness of the mankind as a whole.

Current Scenario of Women Empowerment in India:

5
The encyclopaedia of Education, Indo and Libr, (1971)
Abstract
Women Empowerment is important for decision making in relation to health seeking, family
planning, nutrition and economic issues not only for her but also for the family. Women’s
empowerment in India is heavily dependent on many different variables which include
geographical location (urban/rural), educational status, social status and age. Policies on
empowerment of women exist at national, state and local levels. Still women face
differentiation in many sectors like health, education, economic opportunities and political
participation. The reasons for discrimination of women in society are given despite of
adequate laws for protection of their rights. Framing and implementation of sound policy
framework, education and social awareness regarding women empowerment can lead to
achieve the desired goals in removing the plight of women in Indian society.

Introduction
Empowerment is the process by which one can gain control over the circumstances of one’s
lives. Women’s empowerment is very essential for the development of society. The
empowerment of women occurs when women are involved in decision making, getting better
access to resources leading to improved socio-economic status. In recent years, gender
equality and women’s empowerment have been recognized as crucial to the health and socio-
economic development of entire country, not just individual families. Social status of women
in India is not good, they are not treated as equal to men in all the places. In the Western
societies, women have got equal right and status with men in all walks of life. But gender
disabilities and discriminations are found in India even today.6

Policies in India for Women Empowerment

The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, plans and programmes have aimed at women’s advancement in
different spheres.
The government of India has ratified various international conventions and human rights
instruments committing to secure equal rights to women. These are CEDAW (1993), the
Mexico Plan of Action (1975), the Nairobi Forward Looking Strategies (1985), the Beijing
Declaration as well as the platform for Action (1995) and other such instruments. The year of
2001 was observed as the year of women’s empowerment. For welfare of the women,
government has adopted different schemes and programs such as the National Credit Fund
for Women (1993), Food and Nutrition Board (FNB), Information and Mass Education
(IMF)7.
According to the Indian Constitution:

6
International Journal of Development Research
7
Ministry of Statistics and Program Implementation
  Article 14 says, ‘Men and women to have equal rights and opportunities in the
political, economic and social spheres.’
 Article 15(1) prohibits discrimination against any citizen on the grounds of religion,
race, caste, and Sex.
 Article 15(3), provides special provision enabling the State to make affirmative
discriminations in favour of women.

Some Statistics 8
As per Census 2011 of India, literacy rate at all India level is 72.98% and literacy rate for
females and males are 64.63% and 80.9% respectively. During the last decade, highest
improvement in literacy rate has been observed among rural females (24%). The Gross
Enrolment Ratio (GFR) at Primary level for females and males are 101.4 and 98.9
respectively; at middle class level the corresponding figures are 95.3 and 87.7; at higher
secondary level, the status is at 65.8 and 63.8 respectively. There are 93 girls per 100 boys in
primary class, 95 in middle class, 91 in secondary class and 90 in senior secondary class. The
adult literacy rate for females in rural areas is 50.6% and 76.9% in urban areas, whereas for
males the same in rural areas is 74.1% and 88.3% in urban areas. The work force
participation in India is estimated to be 25.51% for females and 53.26% for males.
Worker Population Ratio for females is higher in rural areas (24.8%) than urban areas
(14.7%). For males, the ratios in rural and urban areas are 54.3% and 54.6% respectively.
Thus, considerable gender gap exists in both rural and urban areas and the gap is higher in
urban areas. The average wage received per day by regular wage or salaried employees of age
15-59 years for females in rural is Rs.201.56 and urban is Rs.366.15, which is lower than that
of males in both rural and urban areas and the gap is more in rural areas. Unemployment Rate
is more for females in both rural and urban areas with the gap that is very wide for the urban.

Factors
Women’s security, decision-making power and mobility are three indicators for women’s
empowerment. Education is the most dynamic factor of development and is the only
important tool for realizing empowerment and human resource development. However,
society and cultural ethics disallow women education and is still prevalent in India. Gender
discrimination is another main reason hampering women empowerment in the country. Lack
of implementation of laws and policies to address discrimination, economic disadvantages,
violence against women at the community level and largely patriarchal structure governing
Indian community and households are also responsible for weak empowerment of women in
India. The impact of patriarchal structure can be seen in rural and urban India both, although
women’s empowerment in rural India is much less visible than in urban areas.
Social divisions among urban women also have a similar impact on empowerment indicators.
Upper class and educated women have better access to health, education and economic
opportunities, whereas lower class and less educated women in urban settings enjoy these
rights significantly less. The policy gap in India cuts across all sectors which is a result of
8
Ministry of Statistics and Program Implementation
rampant corruption and lack of good governance practices. Because of corruption and
inadequate resources for implementation of initiatives at the community level, there is a
pervasive discrimination of women in family and her community. Discrimination against
women in most parts of India, especially northern India, emerges from the social and
religious construct of women’s role and their status. As such, in many parts of India, women
are considered to be less than men, occupying a lower status in family and community, which
consequentially restricts equal opportunity in women and girls’ access to education,
economic possibilities and mobility.

Conclusion
The improvement of women’s political, social, economic and health status is highly
imperative end in itself. Women empowerment is essential for achievement of sustainable
development of society. Equal participation of women and men is required for a productive
life. The abilities, knowledge and immense coping spirit of women often go unrecognised
and neglected due to gender discrimination, economic disadvantages and patriarchy. The
factors which impede women’s attainment of healthy and fulfilling life are pervasive at all
levels of our society. In order to remove these problems, changes are required in policy and
implementation for improving women’s reach to secure livelihood and economic resources.
Raising social awareness through effective programmes of education and mass
communication is also required to stop women being victimised by the culprits of society.
Education can play most vital role in making women well-equipped with knowledge,
competence and capacity which would result in helping them to stand on their own feet and
taking all decisions of life on their own.

Role of Law in Women Empowerment:

Abstract
Women constitute half the population of the society and it is presumed that best creation
belong to the women. But it is a harsh reality that women have been ill-treated in every
society for ages and India is no exception. From agricultural to industrial societies to
organized states, the division of labour has primarily stemmed from physiological differences
between gender, resulting in the established gender hierarchies. We have been gifted with a
history of discrimination; subjugation and suppression. From the cradle to grave, females are
under the clutches of numerous evils such as discriminations, oppressions, violence, within
the family, at the work places and in the society. In order to ameliorate the condition of
women in India, Legislature enacted the large volume of enactments and many of these
legislations were enacted in colonial period like Abolition of Sati Act, 1829; Widow
Remarriage Act, 1856; Child Marriage Restraint Act, 1929; Dowry Prohibition Act, 1961;
etc.

Introduction
As above stated that women have been ill-treated in every society for ages. The irony lies in
fact that in our country where women are worshipped as Shakti, the atrocities are committed
against her in all sections of life. She is being looked down as commodity or as a slave, she is
not robbed of her dignity and pride outside her house but she also faces ill-treatment and
other atrocities within the four walls of her house. They are considered as an object of male
sexual enjoyment and reproduction of children. They are real downtrodden of the society.
They are discriminated at two levels, firstly they suffer because of their gender and secondly
due to grinding poverty. Women are deprived of economic resources and are dependent on
men for their living. Women works are often confined to domestic sphere, she had to do all
house hold works, which are not recognized and paid. In modern times many women are
coming out to work but has to shoulder the double responsibility; firstly, she has to work
where she is employed and secondly she also has to do all the house hold works, moreover,
she is last to be considered and first to be fired as she is considered to be less productive than
men. Her general status in the family and in the society has been low and unrecognized. In
India, it is believed that women enjoyed an equal status as men in the Vedic Period. The
Upanishads and the Vedas have cited women sages and seers. But the condition declined
considerably afterwards. Historical practices such as Sati, Jauhar, Purdah, Devadasis and
child marriage, are a few traditions reflective of the gender imbalance in Indian Society.
From the cradle to grave, females are under the clutches of numerous evils acts as
discriminations, oppressions, violence, within the family, at the work places and in the
society. The root cause of all the evils practices faced by the women is Illiteracy, Economic
dependence, Caste restrictions, Religious prohibition, Lack of leadership qualities and
Apathetic attitude of males in the society. Law plays an important role in setting norms and
standards on acceptable and unacceptable acts on the issue of gender and development. Even
if standards set by such laws are not fully implemented, and are frequently violated, law
remains significant as a standard whose implementation and enforcement can be demanded.
If the law did not exist in the first place, prohibiting domestic violence, how could women
assert their right to live with dignity and peace in their homes? Apart from providing justice
to aggrieved parties, law seeks to protect weaker, marginalized and vulnerable sections of
society, including women, in order to bring about social justice and equality. 9

Standard set by the Indian Constitution

The Indian constitution is a legal, political and moral document. All our basic rights are
written in and guaranteed by the constitution. The Indian constitution being the most
important law in India sets certain standards with regard to woman rights. These standards
and principles were subsequently elaborated through other laws. Some of the important
values stated in the constitution include justice (social, economic, and political), liberty (of
thought, expression, belief and worship) and equality (of status and opportunity). These
values are intrinsically linked to empowerment of women. The Indian constitution contains a
chapter on fundamental rights, which is charter of rights that essentially protect an
individual’s life and liberty from arbitrary acts of the government, state organs and agencies.
Similarly, another chapter titled directive principles of state policy provides guidelines to the
state for its governance in accordance with the principles it incorporates, the fundamental
rights and DPSP’s together from the backbone of protective laws for women.
9
INTERNATIONAL JOURNAL OF RESEARCH IN COMMERCE, ECONOMICS & MANAGEMENT
Relevant provisions in the constitution on women’s rights include the following:
o The state shall not deny to any person equality before the law or the equal
protection of laws (Article 14);
o The state shall not discriminate against any citizen on grounds including
that of sex [Article 15(1)];
o The state can make affirmative action in favour of women, including
through reservation and special laws [Article 15(3)];
o The state shall not discriminate, in matters of public employment, on
grounds including that of sex [Article 16(1)];
o The state is duty- bound to protect the life and personal liberty of all,
including women (Article 21);
o The state is prohibited from trafficking in human beings (Article 23);
o The state is directed to provide equal pay for equal work [Article 39(d)];
o State is directed to make provisions for ensuring just and humane
conditions of work and maternity relief (Article 42);
o A fundamental duty is imposed on every citizen to renounce practices that
are derogatory to the dignity of women [Article 51].

Empowerment through Labour laws

Labour laws aim at protecting and promoting workers “Rights at the work place”.
Provisions of labour laws on women rights have focused on improving the safety, health and
welfare of women in factories and other places of work, minimum wages, equal pay for equal
work, maternity benefits, child care facilities, etc.

Empowerment through Property rights

In most Indian families, women do not own any property in their own names, and do not get a
share of parental property. Due to weak enforcement of laws protecting them, women
continue to have little access to land and property. In fact, some of the laws discriminate
against women, when it comes to land and property rights. The Hindu personal laws of mid
1950s (applied to Hindus, Buddhists, Sikhs and Jains) gave women rights to inheritance.
However, the sons had an independent share in the ancestral property, while the daughters'
shares were based on the share received by their father. Hence, a father could effectively
disinherit a daughter by renouncing his share of the ancestral property, but the son will
continue to have a share in his own right. Additionally, married daughters, even those facing
marital harassment, had no residential rights in the ancestral home. After amendment of
Hindu laws in 2005, now women have been provided the same status as that of men.

Empowerment through Matrimonial laws

Matrimonial laws consist of a set of laws that govern family relationships and rights of
spouses and children during and subsequent to marriage. It covers aspects such as entering
into marriage, divorce, maintenance, custody, succession, inheritance and adoption. Different
matrimonial laws govern members of different religious communities, with the exception of
Special Marriage Act, which is a law common to all religious communities. Matrimonial laws
are a curious mixture of laws drawn from religious texts, interpretation of those texts,
customs, traditions and principles derived from British Law. Almost all the laws are
patriarchal in nature and have discriminatory provisions against women, prescribing an
inferior status to women in family and society; and attempting to control women sexuality in
subtle ways. Implementation of matrimonial laws is through Family courts in cities where
these have been set up, or by District courts in the absence of Family Courts.
In a landmark judgment of the Supreme Court it was stated that a demand of dowry amounted
to cruelty, entitling the women to divorce. In other landmark judgement, on aspects of
Muslim matrimonial law, the Kerala HC stated that failure of husband to maintain his wife
entitles her to divorce. In a case where the husband claim that he ceased to be impotent,
sought the court’s order to compel his wife to submit herself to him for this purpose, the court
refused to do so and protected the women’s dignity. In a case where the man breached his
promise to marry the women, the court said that she was entitled to claim damages. In
another case where a Non-resident Indian husband deserted his Indian wife, the Supreme
Court made suggestions for safeguarding the interests of woman in such situation. It was
explained by the court in one case that under the Hindu Marriage Act, the amount of
maintenance fixed for the wife should be such that she can live with reasonable comfort
considering her status and the mode of life she used to when she lived with her husband. In a
case where the Family Court refused custody of minor child to the mother on grounds
including that she was a working woman and has to remain away from the house during duty
hours, the Bombay HC, awarded the mother custody of the child, stating that there was no
disqualification in the mother, who was more educated than the father, and independent. In
Gita Hari Haran vs. Reserve Bank of India, the Supreme Court stated that under the Hindu
Minority and Guardianship Act 1956, the mother could act as the natural guardian of the
minor during the father’s lifetime if the father was not in charge of the affairs of the minor.

Conclusion10
Law is like a coin. On one hand, it is tool for empowerment of woman and other
marginalized communities. It is up to each individual to make use of empowering lows to
assert their rights. Information about such laws is a first step towards assertion of rights
through law. The crucial question that arises for deliberation is- Have the women been able to
reap the benefits provided for them under the Constitution of India and all the laws which
have been made for the empowerment of women? The answer, unfortunately, is not
encouraging. There is still a long way to go to achieve the goals enshrined in the Constitution
and all other laws. In spite of special constitutional guarantees and other legislations, crimes
against women in the form of child marriages, rape, and dowry, practice of Sati, trafficking of
the girl child, prostitution, domestic violence and sexual harassment are on the increase. The
review of the disabilities and constraints on women, which stem from socio-cultural
institutions, indicates that the majority of women are still very far from enjoying the rights

10
Women, Work and Health: Selected Readings, New Delhi: Women Work and Health Initiative
Matrimonial Laws and the Constitution, Calcutta: Eastern Law House
and opportunities guaranteed to them by the Constitution. Justice K. Ramaswamy has also
stated: “Indian women have suffered and are suffering discrimination in silence. Self-
sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all
inequities, indignities, inequality and discrimination.” It is realized that despite the
constitutional safeguard and the active judicial support towards the cause of women, changes
in social attitudes and institutions cannot be brought about very rapidly. However, it is
necessary to accelerate this process of change by deliberate and planned efforts so that the
social evil of gender inequality is buried deep in its grave.