Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

   E-mail login                   Password
        

Free Email Sign Up

Main Categories
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Dubai laws
 Environmental Law
 family law
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email



Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments


Published : December 09, 2011 | Author : mini.anshuman
Category : Constitutional Law | Total Views : 2751 | Rating :

  
mini.anshuman
Mini Gautam, B.S.L LL.B from ILS Law College and currently pursuing LLM in International Financial Law from Kings College London. Anshuman Chanda, B.S.L LL.B from ILS Law College and currently pursuing LLM in Tax Law from Kings College London.
 

We Want Sarv Shiksha, not Sarv Bhiksha

The things taught in schools and colleges are not an education but the means of education - Ralph Waldo Emerson

It is disappointing to note that among the 200 million children in the age group of 6-14 years, around half do not complete elementary education. India is in the list of 28 countries which might not be able to achieve the target of universal education even by 2015. The situation is worse in the case of girls since idolization of the male child is prevalent in most parts of rural India. There are high dropout rates also, retention at primary level being only about 70%. The gross enrolment ratio (GER) for the schooling aged children in 2004-05 for the country as a whole was 93.5, which has risen from 32 in 1950-51 and 86 in 1990-91. The rate of dropouts from elementary schools in the same year remains as high as 50.84%. Even at the primary levels in 2003-04, the dropout rate was 31%. Children are forced to give up intellectual pursuits under the pressure of meeting more urgent demands like roti, kapada and makaan. When faced with the option of an empty stomach and an empty mind, how many of us would choose the stomach? Many Indian states have already passed legislations to make free and compulsory education available to children. However, enforcement has not taken place since the legislations generally leave implementation to the local authorities as optional. With the inclusion of education as a subject in the Concurrent List of the Constitution since 1976, the burden of making quality education available to all children is also required to be shared by the Centre. Besides, just having schools for namesake is not enough. Unless the teachers are competent and the facilities are adequate to foster the spirit of learning and education, there will continue to be high drop outs. The conditions in some of the Government schools are pitiable. Many of them don’t even have basic amenities like drinking water and clean toilet facilities.

Right of Children to Free and Compulsory Education Act, 2009
Background
India is a signatory to the Universal Declaration of Human Rights, 1948, which recognises the right of children to free and compulsory education. The Convention on the Rights of Child, 1986, also stresses upon the importance of education for a brighter future of children. Right to free and compulsory education has been a part of the Directive Principles of State Policy enshrined in the Indian Constitution since the beginning in the form of Article 45. The Honourable Supreme Court granted free and compulsory education (between the age of six and fourteen years) the status of being a fundamental right in the cases of Mohini Jain versus State of Karnataka and Unnikrishnan versus State of Andhra Pradesh. Beyond that stage, the State obligation to provide education is subject to its “limits of the economic capacity and development.” Education was recognized as being fundamental to live a good and dignified life. In consonance with its international commitments and national objectives the Parliament enacted the 86th Constitutional Amendment Act, 2002, adding Article 21-A to the Indian Constitution which provides that every child between the age of 6 and 14 years has the right to free and compulsory education. The Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the Act) seeks to give effect to this amendment. It received Presidential assent, was notified as a law on 3rd September, 2009 and was enforced on April 1, 2010. The Act applies to schools fully or partially owned by the Central or State Governments or schools receiving any kind of grant from the Central or State Governments. The expenses for carrying out the provisions of the Act have to be borne by both the Central and State Governments. The earlier draft of the Bill as made in 2005 could not make its place in the statute book because of severe disagreements over several of its provisions. Most developed countries have legislated free and compulsory education for all. UNESCO has calculated that in the next 30 years more people will receive education than in the whole of history thus far.

Key Provisions
The content of the Act is well meaning and flexible to say the least. 25% reservation is provided for in the private schools at entry level (Class I) for disadvantaged children. They will be reimbursed by the Government.

The Act also makes provision for no donation or capitation fee and no interview of the parent or child for admission. Capitation fees have become a nightmare for parents in recent years. It is becoming increasingly difficult to get one’s child admitted in a so-called good school without paying lacs of rupees as donation. When parents will hardly be able to afford good schooling for their children, how will they provide them with higher education? Simultaneously, competition has become so stiff that any number of degrees may not be enough for a student to get a decent job.

Children shall not be denied admission in a school due to lack of age proof. This is highly relevant in villages and other rural areas where many parents may not have the required and documented age proof ready.

The Act is liberal in approach while allowing children to get admission in schools even in the middle of the academic year.

The education system in India is considered pressurizing and stressful as compared to other countries. It is not an uncommon sight to see children carrying bags loaded with books heavier than themselves. An extremely encouraging step in the Act provides that no child shall be held back or expelled up to class VIII.

Another positive feature of the Act is that children are protected from physical and mental harassment. Though it seems that physical punishment is extinct in the modern times, news reports prove otherwise. Stray cases of physical harassment are reported every now and then even in well-reputed schools. If this is the case in well-developed and aware metropolitan cities, one shudders to think what it must be like in villages and smaller towns where the press and media still haven’t reached.

Schools will be given recognition under the Act only when they meet the norms prescribed in the Schedule. The schools are obligated to meet the norms specified in the Act within 3 years.

The Act provides that teachers must obtain the necessary academic qualifications within 5 years or else they will lose their jobs.

The Act imposes responsibility on the appropriate Government and local authority to ensure within six months from the date of commencement of the Act that the required pupil-teacher ratio as stipulated in the Schedule is maintained.

Training will also be provided to the teachers and they will be forbidden from squandering away their time in non-educational purposes other than decennial population census, disaster relief duties or duties relating to elections.

Teachers are directed to not be engaged in private tuitions and private teaching activity. This is another welcome provision since many teachers use their position of power over students to force them to take private tuitions.

Every child completing elementary education shall be awarded a certificate.

The Act, if implemented properly will completely revolutionize education in India.

Hurdles En Route
Although the Act is an honest attempt to universalize education and make it available to the socially and economically disadvantaged, implementing it will prove very challenging due to lack of infrastructure and resources. Only six states and seven Union Territories have notified the Act and made rules thereunder. Estimated costs are Rs.55, 000 crore every year. The object should not be to provide education for all but to provide quality education.

Besides, there is shortage of competent teachers. According to the District Information System for Education report, some major states like Madhya Pradesh, Himachal Pradesh, Assam, Orissa, etc. have three or less than three teachers in majority of the schools. Teachers should be made accountable. It will be all the more important now to give teachers adequate compensation so that an increasing number of educated youth will enter the teaching profession. The remuneration given in Government schools specially is so low that teachers don’t have an incentive to give in dedicated service.

The National Commission for Protection of Child Rights along with the State Commissions is the monitoring agency under the Act. The Act also provides for the establishment of School Management Committees comprising of parents, guardians, teachers and representatives of the local authority to oversee the implementation of the Act.It shall be seen in the course of time whether these committees will prove to be effective and corruption free.

Reservation of 25% seats for backward children has come into much criticism. There are no criteria laid down for selecting such children. Private schools look upon it as encroachment on their autonomy. Some of them have already challenged the law in the Supreme Court.

Bleak Future or Promises of a New Beginning
Ask a poor labourer why he doesn’t want to send his children to school and the reply will be that he tried repeatedly only to fail. Reserved seats are already full and the waiting list is never-ending. Laws have meaning only if they are implemented and acted upon. Schools should be accessible for the students in rural areas. Many children have to drop out due to huge distances between home and school. There is also some ambiguity regarding who would be made liable if children do not go to school even after free education has been provided for. Many people are panicking thinking that the word compulsory implies that parents would have to go to jail if children are not sent to schools. The fact is that parents will face no legal penalty if they fail to send their children to schools. We would like to conclude by saying that we need Sarv Shiksha and not Sarv Bhiksha. Education is a child’s birth right and not some charity being dropped into his lap.
***********************************
# UNESCO’s Education for All Global Monitoring Report: Is the World on Track, 2008
# Food, Clothing and Shelter
# Article 26
# Article 28
# AIR 1992 SC 2100
# AIR 1993 SC 2178
# Section 12(1)(c)
# Section 12(2)
# Section 13 (1)
# Section 14(2)
# Section 15
# Section 16
# Section 17(1)
# Section 19(2)
# Section 23(2)
# Section 25(1)
# Section 27
# Section 28
# Section 30(2)
# Section 31(1)
# Section 21(1)
# Education for All
# Charity for All

Authors contact info - articles The  author can be reached at: mini.anshuman@legalserviceindia.com




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Constitutional Law category
Prospective Vs. Retrospective
Maneka Gandhi
Election Commission of India
Position of Fundamental Rights during Emergency
Hart
Indian Judiciary
Analysis Of Writ Of Mandamus
India
Concept of Welfare State and Its Relevance in Indian Scenario
Vulnerable Groups in India - Status, Schemes, Constitution of India
Reasonable Classification under article 14
Creamy Layer: The Mandal Commission View
The Judicial Pronouncement Of The Preamble Of Indian Constitution
Separation of Power in India & USA
Revisional Power vis
Should India have a Uniform Civil Code?
Most recent articles in Constitutional Law category
The Doctrine of Frustration Challenges the Validity of the Fundamental Principle of Pacta Sunt Servanda
State Liability on Administrative Action reference to Civil Rights in India
Analytical Law School
Constitutionalism
Right To Equality- A Fundamental Right
Constitutional Validity of the Hindu Religious and Charitable Endowment Act
Doctrine of Judicial Review in India: Relevancy of Defining Contours
Justice Delayed is Justice Denied
contemporanea exposito est optima et fortissinia in lege
Right to Sleep and it
Just because someone is poor, the State cannot allow him to die Delhi HC landmark Judgment
The Application of Natural Justice while Discharging Administrative Actions
Doctrine of Pleasure as under the Indian Constitution
Coalition Government and its Impact on Indian Federal Structure
Right To Privacy Under Article 21 and the Related Conflicts
Separation of Powers and Its Development with Special Reference to India

Article Comments

there are no comments...

Post Your Comments
Name

Email

Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes


BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit

 

Note : Currently, user comments are moderated and will be posted only after approval.



Welcome!
Please login or register a new free account.

Random Pick
Despite the fact that space technology is always one of the most advanced technical area, and outer space activities are, in fact, the fruit of intellectual creations, it is only in recent years that intellectual property protection outer space activities has raised wider attention....

Statistics
» Total Articles
970
» Total Authors
2570
» Total Views
6204596
» Total categories
29

Law Forum


Legal Articles

Lawyers in India - Click on a link below for legal Services

lawyers in Mumbai
lawyers in Bangalore
lawyers in Pune
lawyers in Pondicherry
lawyers in Jaipur

lawyers in Chennai
lawyers in Ahmedabad
lawyers in Jodhpur
lawyers in Cochin
lawyers in Lucknow

For Mutual consent Divorce in Delhi
Click Here

Ph no: 9650499965
For online Copyright Registration
click here

Ph no: 9891244487
Law Articles

lawyers in Delhi - New Delhi
lawyers in Chandigarh
lawyers in Surat
lawyers in Nashik

lawyers in Janjgir
lawyers in Indore
lawyers in Allahabad
lawyers in Agra

lawyers in Kolkata
lawyers in Hyderabad
lawyers in Rajkot
lawyers in Nagpur

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2014
 ISBN No: 978-81-928510-1-3