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The proposed legislation is a step towards a common school system, first proposed by the Kothari Commission, which aims to provide quality education and promises to counter the growing lobby for privatisation of school education
The Right of Children to Free and Compulsory Education Bill, 2008, recently introduced in the Rajya Sabha, is an enabling legislation without which the fundamental right -- enacted by Parliament in December 2002 -- cannot come into effect. The 86th constitutional amendment passed in Parliament six years ago made free and compulsory education for children between the ages of 6 and 14 a fundamental right. Besides giving every child in this age-group the right to free and compulsory education, the Bill also seeks to evolve norms and standards for primary education, complete with minimum qualifications for teachers, pupil-teacher ratio, and a ban on private tuitions by teachers. The statement of object and reasons clearly explains the aim of the legislation: ‘The proposed legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all.’ The statement adds: ‘The provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore, not merely the responsibility of schools run or supported by the appropriate governments, but also of schools which are not dependent on government funds.’ The Bill provides that no child be denied admission for lack of age proof. It is the responsibility of the government to ensure that every child in the target age-group has access to a school in the neighbourhood within three years of the law’s enactment. The Bill also tries to rope in the private sector by making it mandatory for schools to reserve 25% of the seats in Class 1 every year for children from disadvantaged sections of society in the neighbourhood. The government will reimburse the education expenses of these students. The Bill prohibits the charging of capitation fees, making it a punishable offence with fines up to 10 times the capitation fee charged. It also prohibits screening of either parents or children at the time of admission; fines as high as Rs 25,000 will be levied for the first contravention and Rs 50,000 for subsequent contraventions. Detention or expulsion from any class until the completion of elementary education, and physical punishment, are also not permitted. None of this is expected to sit well with the private school lobby. The private school lobby has consistently called for an opening up of the education sector, allowing “for-profit” organisations to play a role on grounds that government schools can’t provide quality education. The passage of this Bill is not going to be easy. The biggest hurdle is expected to come from growing and influential private players in the education sector and their votaries among the country’s political leadership. Several provisions in the Bill may not quite be to the liking of private players although they are in keeping with Article 15(5), which allows the State to make special provisions for the advancement of disadvantaged groups. The Centre is contemplating writing to Rajya Sabha chairman Hamid Ansari to try and get the House to clear the Right to Education Bill in this session, bypassing customary scrutiny by a parliamentary panel. Once tabled, a Bill is generally referred to a parliamentary standing committee for its comments, although this is not mandatory. The panel usually takes a few months to conclude its findings, after which the recommendations are forwarded to the ministry concerned. Once the panel’s suggestions are addressed, the House debates the Bill after which it is voted on. Source: The Hindu, December 16, 2008
The Economic Times, December 16, 2008
The Telegraph, December 16, 2008
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