Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009

1. Solution ExchangeAction Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi

2. National Level Issues Points for action For awareness creation amongst all stake holders • Right of Children to Free and Compulsory Education Act (ROCTFACE Act) does not replace/substitute provisions available under Article 14, 21 and 38 of the Constitution; even some UN Conventions can be used to buttress a case in national/sub national issues

3. National Level Issues Points for action There could be similar issues with other communities/castes/tribals/Nomadic Tribes/De-Notified Tribes/Semi Nomadic Tribes/Internally Displaced People/Primitive Tribal Groups • Muslim children (many) go to Madrasaas up to the age of 8 years. It is the state’s duty to ensure Free and Compulsory education of children between 6-14 years. • Is there a conflict?

4. National Level Issues Points for action Advocate for quick decisions to designate the officer under this section. • Section 36 provides for ‘prior sanction’ from a designated officer to prosecute under specified sections.

5. National Level Issues Points for action Inputs through the Note on “Child Labour (Prohibition and Education)” National Child Labour Project (NCLP) – what happens? Ministry of Human Resource Development (MoHRD) and Ministry of Labour and Employment (MOLE) need to discuss ‘together’ Needs a separate discussion Need for a check list of other Central Acts and Sections thereof that need change • Child Labour (Prohibition & Regulation) Act: Need to look at the ‘Regulation’ part in the context of ROCTFACE Act • All Central Acts that have relevance to ROCTFACE for harmonization

6. National Level Issues Points for action Both of these should be considered: could it be in the State Rules Needs to be expanded at the state level and specify requirements especially for children with disabilities (also look at the first –proposed- Amendment to the Act) • Distance and density of population • Schedule: is limited

7. National Level Issues Points for action Intent: 6years: Class I 7 years: Class II 8 years: Class III 9 ears: Class IV ` 10 years: Class V And so on Need for rules and guidelines on Bridge Courses Need for legislation at the national level • Age appropriate class: no definition or guideline on this in the Act. • Private schools

8. National/State Level Issues Points for action Use Article 243n: State shall amend other acts to ensure compliance with PR acts Advocate at the national level for an amendment to the Act; suggest that the right-based NREGA should be used as an example AND/OR At the state level when the ‘Local Authority’ is defined in the Rules, ensure it will be the appropriate elected Local body • Definition of Local Authority: a serious issue as it is loose and can be a window through which a local government is excluded by stating in the rules that a administrative unit/a non-elected person is defined as ‘Local Authority’

9. National/State Level Issues Points for action To do basic study to see where such provisions can be advocated for either in the Act or in the Rules of the states; for instance notification of ‘Weaker section’, ‘Disadvantaged Groups’, timelines for Grievance Redressal, ‘Academic Authority’, State Commission for Protection of Child Rights (SCPCR), etc. Advocate for its removal; say that 10% more than strict estimates should be recruited, as there will also be those who are on leave at points of time • Some sections under the Act provide for timeframe; for example Sections 6, 23, 29 etc., but others do not. • Section 26 on vacancies not to exceed 10% is a constitutional violation

10. National/State Level Issues Points for action A controversial issue. A possible for a variety of actions. State governments could challenge the Central government; cases may go to different High Courts for their verdict;… States have been asked to bring it to one standard; implementation issues are bound to arise • Ministry of HRD has informed Government of Delhi to increase the minimum age to 6 years [now it is 5years]. Some states, as is true of Delhi, have five years as the minimum age. • The Act does not prescribe or define a minimum age • State level differences exist between definition of Lower and upper Primary schools

11. National/State Level Issues Points for Action Notifications are to made by appropriate government [See Model Rules Secn 6, p3, sub-section 5: for transparency] • 25 % reservation in aided private schools/schools where the Govt. of India is the appropriate govt., for weaker sections. Difficulty: two separate phrases used: Disadvantaged Groups [in another context] and Weaker Sections

12. National/State Level Issues Points for Action Advocacy for the same In view of the rights-based approach under ROCTFACE Act, have a Vision and Strategy for Teacher Education (new & incumbents) At the state-level advocate for detailing a state level policy and plan with timelines for Teacher Education (new and incumbents); these should address sub-state variations in requirements • Capacity Building and development of Administrative Structure • Capacity Development and Building of Academic Structure, including Teacher Training

13. State Level Issues Points for Action At the state level to advocate for clear, but not constraining, rules that cover a lot larger ground: rules are important • Model Rules only advisory Section 38: only sub-section 2 is elaborated while section 1 is wider Delhi-Example: the Rules are a lot longer than the Act

14. State Level Issues Points for Action Advocating for new legislation/amendments to existing state level legislation to ensure harmonization/compliance with ROCTFACE Act State Advisory Council – composition important; all relevant departments need to find a place in the Council; civil society inclusion to be advocated for Solution: writ of mandamus issued against ‘responsible party’ • State level Acts need to be examined for harmonization/eliminating conflicts with ROCTFACE Act • Delivery mechanisms harmonization, including inter-departmental (eg. Dept. of Health, women and Child Development, SC, Social Justice, PWD, PHED, etc) • Non-compliance or lack of transparency at the state level

15. State Level Issues Points for Action Use Madhya Pradesh as an example and advocate for the same in other states Planning habitation level. State government to ensure procedures are specified/modified to ensure funds reach children & on time Capacity building of School Management Committee (SMC) on Financial systems and issues Civil society could play a useful role in tracking to recommend measures to ensure adequate and timely funds are available at the local level, also for transparency of accounts • Data Base of requirements at the state level • Fund flow: sufficiency and timing

16. State Level Issues Points for Action Dissemination by State Civil society and UN have a role in creating awareness and ensure demand for education is addressed by effective implementation of the Act. Translation of the Act and the Rules in all national languages; in different media for persons with disabilities Apart from Mid Day Meal (MDM), Free supply of uniforms, etc, Weigh possibilities and desirability of Conditional Cash Transfers Advocate for higher wages. Should be part of any advocacy work; take them on board • Existing Demand to push effective implementation of the Act • Should there be incentives for enrollment and attendance? • Loss of “income” from child going to school and not work • Teachers’ Unions

17. State Level Issues Points for Action To use Rules at the state level to address the differences in setting Legal: National/State Funds: State, including for funds committed by the by the Centre under the Act Implementation: National/State/Local Authority To refer state rules to define clearer accountability and responsibility structures : refer NREGA; State specific Acts Responsibility at state level including funding: an area for study • Difference between Urban and Rural settings • Whose responsibility is it to enforce ROCTFACE: state or local authority; some ambiguity in the Act • Harmonization of ROCTFACE Act and SSA

18. State Level Issues Points for Action Advocacy at state level to change the Codes Difference of opinion: (i) allow exemption from the appropriate government standards; (ii) appropriate government to subsidize and provide facilities to such schools to meet standards; (iii) no exemptions: no school should operate if they cannot meet the minimum standards prescribed under the Act • Education Codes in some states provide for government action that is not acceptable under ROCTFACE: for instance corporal punishment • Unrecognized private schools may be unable to meet standards prescribed under the Act

19. State Level Issues Points for Action Advocacy at state level to have Ombudsmen at the district level To be provided for in the Rules of the state government; should include fund flow arrangements from state government to local authority Provide adequate funds for the same; map requirements Provide adequate funds for the same; map requirements • Three important Acts will be rights based soon: NREGA, ROCTFACE and Food Security • State to ensure provision of adequate funds to Local Authority • Inadequate administrative staff , facilities and mechanisms in administration and monitoring • Inadequate academic staff, facilities and mechanisms

20. Local Authority Issues Points for Action Advocate for clear definitions in State Rules Advocate for clear definitions in State Rules • Contradiction can come in if States define an administrative unit as ‘Local Authority’: in such a case 1/3rd Elected Representatives in SMC would be a problem • Gram Sabhas in Schedule V areas already have powers

21. Local Authority Issues Points for Action In many states it is already a Local Government responsibility; politicize issues and include as many issues as possible in the State Rules that would strengthen Local governments Already under the Act, Local Authority is empowered to set the calendar • Why say implementation of ROCTFACE Act is the responsibility of a State? • Calendar for schools should suit local necessities

22. Local Authority Issues Points for Action In simple language SMC to communicate entitlements of each child Wall of schools Audio communication (radio) AV (television Better coordination between Ministry of Women and Child and Ministry of HRD (integration between ICDS and ROCTFACE Act) for viewing education as a continuing process at least between the age of 3 and 14 • Entitlements of each child under ROCTFACE Act • Lack of link to children under 6

23. National/State/Local Level Issues Points for Action Awareness building MPs, MLAs Training modules for PRIs Funds Follow-up after training Advocacy for Allocating earmarked funds (to estimate; probably about 4-6% of total funds) • Capacity Building and development of Elected Representatives • Monitoring and evaluation

24. WHAT YOU CAN DO • JOIN THE ACTION GROUP • SEND YOUR FEEDBACK AND SUGGESTIONS • TAKE THE INITIATIVE FORWARD TO THE STATES Kindly give your feedback and suggestions by writing to: se-ed@solutionexchange-un.net.in OR se-decn@solutionexchange-un.net.in