Right to Education History Policy Implications Recent developments

1. Right to Education HistoryPolicyImplicationsRecent developments Shivakumar Jolad AID-Penn State

2. In no country has universal elementary education been achieved without the state assuming the primary responsibility. Why is the state in India so reluctant? The only convincing answer is that Indian society does not regard children as a collective responsibility. We tend to look upon children as a parental burden; Few of us realize that the nation loses when children don’t attend school. It does not matter whose children they are in a biological sense. Krishna Kumar Chairman, NCERT

3. Outline • Quick overview of Education Status in India • History of RTE • Timeline and Outline of education policies in India • RTE bill 2005 • Policy highlights • Key features and issues • Recent developments • Current Situation • Govt shelving RTE in lieu of ‘Model bill’- Reasons and analysis? • Campaign against shelving of RTE

4. India Education scenario- Quick view • Number of children enrolled in primary schools (1st to 8th std) as per 2005 data ~156 million (82%)out of 205 million: 18% out of schools • Enrollment not a good indicator of literacy and learning level • More than 0.1 million(approx 10%) schools with just one classroom • NGO’s suggest models or bring localized changes and can not bring global changes. • Phase change in education needs excellent policy level reforms, substantial state funding and accountable implementation

5. Statistics of Children between 6-14 http://www.educationforallinindia.com/analyticalreport2005tables.pdf

6. Statistics- Government Schools and expenditure http://education.nic.in/htmlweb/cabe/Fcebill.pdf Jayakanth- ASHA Silicon valley

7. History/timeline of Education policies and RTE • 1950: Constitution of India Article 45- Directive principles of state policy"The State shall endeavor to provide within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” • 1968:Kothari commission- Education of equitable quality, Curriculum frame work, NCERT, recommended Common School System(CSS) • 1976: Education a responsibility of both center and State • 1986: National policy on Education (NPE)- Universal elementary education, recommends Free and compulsory education upto 14 years(to be ensured before 21st century!), endorsed CSS

8. RTE timeline- continued • 1993: Unnikrishnan v/s State of Andhra Pradesh(writ petition): “Education is a fundamental right that follows from the Right to life in Article 21 of the Constitution”. • 1997: Constitution Amendment making Education a fundamental right was introduced • 2002: 86th Constitution Amendment added Article 21A stating that “The State shall provide free and compulsory education to all children of the age 6 to 14 years in such as a way as the State may, by law, determine.” • 2005: (after 12 years of court verdict!) CABE committee report constituted to Draft the Right to Education Bill submits its report. Bill passed in Rajya Sabha • July 2006: Shelving of RTE Media reports that federal government is planning to ask all state governments to pass some provisions RTE by adopting a Model bill in their respective legislatures (leaves RTE as an option for the state; meager financial commitments by center )

9. Highlights of RTE bill • 86th Constitution Amendment - Article 21A: Every child between the age of 6 and 14 years has the right to free and compulsory education. The RTE bill seeks to give effect (obligatory commitment by govt) to this Amendment. • The State shall ensure a school in every child's neighborhood. Every school shall conform to certain minimum standards defined in the Bill. • Private schools shall admit at least 25% of children from weaker sections; no fee shall be charged to these children. Screening tests at the time of admission and capitation fees are prohibited for all children. • Government schools managed by School Management Committees (SMC), mostly composed of parents. Teachers assigned to a particular school; there will be no transfers. • Bill will cost the exchequer :Rs 3,21,000 crore - Rs 4,36,000 crore over six years in addition to the current expenditure on education. This is estimated to be an increase of between 1.1% and 1.5% of GDP. Central government provide finacial assiatnce to states for implementing this bill

10. What can the RTE bill do? • It can increase the standard of infrastructure • Provide education of “equitable quality” • Thru SMC, it can increase the participation of the people, check corruption. • Clear roles and guidelines for the governments • Above all, it will give a legal infrastructure thru which we can question and improve our elementary education.

11. Key features and issues • Makes parents mainly responsible for sending the children to school[B]. • No person shall employ or engage a child in a manner that renders her a working child. [G] • “A child cannot be held back in any grade or expelled from a school till Class 8th ”-[G,B]No mention of maintaining /monitoring the learning level of children [B] • All non-government schools have to be recognized by a Competent Authority or shutdown. Central control maintains the status quo of License Raj. [B] [B]-Bad, [G]- Good!

12. Key Issues- continued… • The trio interlinked problems- are not addressed formally • No proper frame work for a decentralized administration. [B] Financial and structural (curriculum) autonomy needed for SMC.‘government funded, locally managed autonomous neighborhood schools’ • Retains centralized appointment of teachers [B] - (but doesn’t allow transfers[G])Problem of corruption in appointments would remain as it is [B]. • There is no talk of encouraging the communities or the private sector to set up school systems in rural India. There is a licensing tag on opening new schools preventing many interested people to set up schools. [B]

13. Current Situation of RTE and implications • In July- Government decides to shelve RTE citing financial reasons.Instead it proposes Model bill to be passed by States • Education a concurrent subject: it’s a responsibility of both State and Central government. By not passing a Central legislation for Right to Education the Central government is abdicating its duties under the constitution. • By providing only a Model bill the central government is not obligated to provide any financial assistance to State governments for implementing the Fundamental Right. • It may run schemes like Sarva Shikshan Abhiyan which are not obligatory but voluntary. • Media reports: States which pass the RTE bill(model) will get 50% funds for the SSA scheme from the 11th five year plan and States which don’t will get only 25% of funds from Center for SSA. SSA will still exist even if RTE bill is approved. [G]

14. Why did the GoI dropped the bill? • Main reason no money!!- Promise of UPA govt to increase edn spending by 6% of GDP is broken • Lobbying by private schools not to implement 25% reservations for economically backward classes • Extra Money needed for RTE approx Rs 50,000 crore/Annum (Center +State) • Some Instances of Central Government spending: • Promised to spend an additional Rs.20,000 crore per year for increasing the seats in hgher education for 27% OBC quota (decision taken in 10 days during protests) • 2004-05 an additional Rs. 5,010 crore collected through 2% education cess for funding universal basic education, but only Rs.2000 crore was spent for the purpose. • Corporate subsidy (in terms of lost revenue generation) through the SEZ bill ( 2005) stands at Rs.90,000 crore as per finance ministry of India. • Government has allocated Rs. 9,320 crore in 2005-06 for National highway Development Program (NHDP).

15. Campaign Demands- (ASHA and AID-Bay Area) • GoI Not abdicate its constitutional obligation • Recognize the importance of elementary education • Present the Right to Education Bill in the Indian Parliament • Provide for Free and Equitable Education • Make Right to Education Enforceable and Justiciable • Provide space for public feedback and criticism • Provide for Timely Implementation of the Bill

16. Conclusion • Right to Education Bill is a step in the right direction to address the anomalies and disparities in elementary education. • Politics that recognizes education as a right of the citizen and that attempts to build organic links between educational institutions and the community is essential for improving our education system.

17. What can we do? • Read and educate ourselves about the issue • Sign the petition and forward it to friends and family • Participate in the campaign by providing your technical, artistic, and/or other skills • Persevere and continue to strive for the cause of education, education related issues and policies!