*School Of Dreams *

*The Right to Education Bill needs to be urgently passed to make a dent in
rural illiteracy, says **SHRIYA MOHAN*

THE RIGHT to Education Bill, introduced in December in the Rajya Sabha, is
perhaps the most significant. When India gained Independence in 1947, it
formed what is known as the Directive Principles of State Policy, under
Section 4 of the Constitution. The  [image: Cover Story]

*Photo:*Sayantan Bera

Directive Principles are guidelines to the central and state governments, in
making laws to establish a just society. One of the Directive Principles
state: "The State shall endeavour to provide, within a period of 10 years
from the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of 14 years."

More than 60 years have passed since it was put on paper and almost six
years since Parliament passed the 86th Constitutional Amendment. On 16
December, 2008, the Centre introduced the Right of Children to Free and
Compulsory Education Bill in the Rajya Sabha to make elementary education
free and compulsory for children aged six to 14 years. The Bill is the first
Directive Principle that is on the threshold of becoming an Act.

With a third of the population still falling off the literacy map, the Bill
promises to revamp India's education sector. The Bill has five broad
elements:

• Every child aged 6-14 years has a right to full time elementary education
in a formal school. 'Compulsory education' casts an obligation on the
appropriate government to ensure admission, attendance and completion of
elementary education.

• 'Free education' means that no child attending a government- supported
school shall be liable to pay capitation fee (donation), charges or expenses
which may prevent him or her from completing elementary education.

• 25 percent reservation in private schools to provide free and compulsory
education for children of disadvantaged groups and weaker sections, none of
whom would be interviewed prior to admission.

• No child admitted in school shall be subjected to physical punishment,
held back in class or expelled from school till the completion of elementary
education.

• The Central and State Governments shall have concurrent responsibility for
providing funds for carrying out the provisions of this Act.

Half of India's schoolchildren don't have a minimum education of eight years
because they either never enrolled or dropped out. Most of these students
belong to disadvantaged communities. The Right to Education Bill attempts a
small step in the direction of CSS (Common School System), which was
introduced by the Kothari Education Commission constituted in 1964. CSS was
seen as a tool for social transformation that would weaken the disparity in
education and discrimination created by caste, creed and socio-economic
status prevalent in India's education system. Parliament tried to pass the
Bill three times in 1964, 1986 and 1991. But a lack of commitment over the
CSS stalled the Bill and indicated the government's apathy.

Education fundamentalists are willing to settle for nothing less than the
CSS. But the Right to Education Bill is a start, if not an answer to India's
desperate need for literacy in rural India. The Bill, budgeted at Rs 12,000
crore, bars capitation fees and interviewing students or parents, making
both punishable offences. The fine for demanding a capitation fees is up to
10 times of the fee charged and for interviewing students or parents, the
fine ranges from Rs 25,000-50,000. The private school lobby has already
begun strong protests. Another issue that needs attention is the neglection
of preschool care comprising of children below six years old. Their
responsibility has been shirked by the government.

BUT HOW will the Bill impact the quality of education offered at public
schools? C.V Madhukar, Project Director of PRS Legislative Research, an
independent research body, questions the fundamental change the Bill hopes
to bring to the education sector. "The question to look for is whether the
Bill is doing something that fundamentally changes the way the government
thinks about public education," says Madhukar. "If that is not being done,
then granting a fundamental right might not mean much beyond, perhaps, more
allocations for education." The Bill loosely mentions quality control in
hiring teachers, building infrastructure and writing curriculum. For
example, a clause in Chapter V promises 'all round development of the child,
building up child's knowledge, potentiality and talent and development of
mental abilities to the fullest extent'. However, critcs doubt if such
control can be implemented on a large scale to ensure uniformity in
imparting education. Vinod Raina, Member, Central Advisory Board for
Eduction (CABE) and part of the drafting committee of the Bill, says,
"Profit making in basic education should be banned. There is an increasing
segregation between the classes, with the poor going to cheap schools while
the rich afford better education. The 25 percent mandatory schedule is an
attempt at social integration." Also, there are new definitions of what can
qualify as a school. By ensuring certain basic qualifying standards, the
Bill hopes to do away with smaller block-level private schools that are
unrecognised and charge the poor a fee. However, Raina agrees that more can
be done. "There are definitely shortfalls in the Bill, but they can all be
rectified as amendments," he says.

It shouldn't have taken 62 years since Independence to include the right to
education as a fundamental right, when the Constitution only took three
years to be written. Although much needs to be done in terms of setting
tangible quality standards in implementation, it can be improved upon once
it becomes an Act. An eminent proponent who worked at the forefront of the
Bill said, "If the Bill gets delayed once again at the Rajya Sabha, there
will soon be another Lok Sabha election and another committee. And the Bill
might freeze in cold storage. What it needs is another frenzied Parliament
moment, where eight Bills are passed in 17 minutes.

 *From Tehelka Magazine, Vol 6, Issue 2, Dated Jan 17, 2009*

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