Right to Education

“Investing in education pays the best interest”

“Educate one, Educate all”

Introduction

Right to education is the fundamental right. Everyone has a right to get educated irrespective of caste, religion, colour, race etc. Both individual and society get benefit from the right to education. It is fundamental for human social, and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool in developing the full potential of everyone and ensuring human dignity, and in promoting individual and collective well being.

Education plays an important role in life. Educated minds serve nation in the best way.  Right to education includes:

• Right to equal access to higher education on the basis of capacity made progressively free right to free and compulsory primary education.
• Right to available and accessible secondary education (including technical and vocational education and training), made progressively free.
• Right to fundamental education for those who have not received or completed primary education.
• Right to quality education both in public and private schools.
• Freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions.
• Freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the state.
• Academic freedom of teachers and students.

Education bring freedom to one’s life. An educated person is free to express his views, share the ideas and make a huge contribution in the progress of the nation. The Constitution of India has provisions to ensure that the State provides education to all its citizens. Right to education is the only right which finds its place in three parts of our Constitution- Fundamental Rights, Directive Principles of State Policy and Fundamental Duties. The three articles in all these three above mentioned parts were added by The Constitution (Eighty Sixth) Amendment Act, 2002.The 86th amendment added Article 21-A, a fundamental right which says that- ‘The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine’.

RIGHT TO EDUCATION ACT 2009

‘The Right of Children to Free and Compulsory Education Act’ or ‘Right to Education Act’ is an Act of the Parliament of India which was enacted on 4 August 2009. It describes the procedures and also explains the importance of free and compulsory education for children between the ages of 6 and 14 years in India under Article 21A of the Indian Constitution.

• This Act makes it a right of every child to get education.

• The Act makes it obligatory for the respective governments to ensure that every child between the ages of 6-14 years gets free elementary education.

• The Act authorizes that even private educational institutions have to reserve 25 per cent seats for the children from weaker sections.

• The government’s estimate found out there will be a requirement of Rs 1.71 lakh crores in the next five years for implementation of the Act.

Considerations

The act is evidently silent on increasing the State outlay for Government schooling. Instead, it shifts the responsibility of ‘poor students’ to private schools which is evident by the 25 per cent reservation clause. The reservation in private institutions has already raised many objections in the past. Instead of the reasonable and unbiased education based on mutual dignity that the Amendment clearly lays down, such a provision shuts out the poor as a class and further deepens class barriers which already exist in our society. Also, following on the lines of the Constitutional Amendment, the Act limits its ambit to children between the ages of 6 and 14 years.

The important point of consideration is also that giving education to children up to class 8th is hardly sufficient to either prepare a child with the basic skills required and important for gainful employment or even to make an individual equipped to function with a basic degree of self- sufficiency and empowerment in this world full of competition. After all, this is the right to education Act and not the right to literacy and numeracy alone. Education is much more than mere literacy and it aims at the full all round development of an individual. Low standards of education are being provided and offered to all children by limiting the provision of free education only between students of classes 1 to 8. It is a decision that affects and impacts the poorest section of the society badly. The selection of the 6-14 age groups may be called arbitrary and it somewhat does not do justice to the country’s promise to its children of making education available, accessible and acceptable.

Feature of Right to Education Act

• Free and compulsory education to all children of India in the 6 to 14 age group.
• No child shall be held back, expelled or required to pass a board examination until the completion of elementary education.
• If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed. Provided further that a child so admitted to elementary education shall be entitled to free education till the completion of elementary education even after 14 years.
• Proof of age for admission: For the purpose of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856, or on the basis of such other document as may be prescribed. No child shall be denied admission in a school for lack of age proof.
• A child who completes elementary education shall be awarded a certificate.
• Call need to be taken for a fixed student–teacher ratio.
• Twenty-five per cent reservation for economically disadvantaged communities in admission to Class I in all private schools is to be done.
• Improvement in the quality of education is important.
• School teachers will need adequate professional degree within five years or else will lose job.
• School infrastructure (where there is a problem) need to be improved in every 3 years, else recognition will be cancelled.
• Financial burden will be shared between the state and the central government.

Pros of Education System in India

• Reservation for Underprivileged: Reservation in education sector helped thousands of lower class people to get quality education and raised their economic and social status. The credit for reservation system in the field of education goes to Dr, B.R. Ambedkar, the father of the constitution. 25%reservation in private schools for the lower section people.
• Right to Education:Education is upheld as a fundamental right which states free and compulsory education for the children between 6 and 14 years’ age. Thus, there is a free mid-day meal for school students in the lunch break which is provided by the government and their local bodies such as village panchayats or municipalities.
• Free University Education for Girls: Free university education for girls provided by various states or union territories. It aims at empowering women and remove the inequality between men and women. An ambitious project to encourage young women to study engineering is ongoing under the sponsorship of the Ministry of Human Resources Development and Central Board of Secondary Education (CBSE). The program, known as ‘Udaan’ also provides free pre-loaded tabs to girls aspiring to study engineering. Free classroom and online tutorials are also given by the government.
• Countless scholarships:There are countless scholarships across India. In fact, every Indian school will have at least two scholarships that are available to economically poor, underprivileged and meritorious students. Individuals, families, religious organizations, charity groups, social and sports clubs across India sponsor various kinds of scholarships for school, college and university students. While some cover the entire cost of studies, others cover specific elements such as fees and study material, among others.

Cons of Education System in India

• Indian education system kills students: The 12 percent of Indian students between the ages of four and twelve suffer from some form of psychiatric disorder.  young minds are unable to cope with this educational stress and pressure from parents to “excel” at studies Schools don’t have trained counsellors while parents aren’t willing to accept their child has a psychiatric problem. Also, taking psychiatric treatment in India continues to remain taboo due to the myth that it’s meant for mentally deranged or stark mad people.
• Neglects innate skills: Unfortunately for millions of students, the education system of India pathetically lacks processes to identify their innate skills. To explain better, every child is born with a unique skill. That’s why some become excellent singers, others are amazing sports persons while yet others are writers or scientists. These successful people share one thing in common: they simply followed their innate skills. While they did attend school and college, such students gave wings to what they like best. And by following their passion, they are successful. The education system of India not only lacks a framework or procedures to identify innate skills or a child, but it is also well geared to actually obscure and kill these talents. The system forces students to study subjects they aren’t even remotely interested in. And score high marks too.
• Absence of Counsellors: All students will have a variety of questions and face different situations in the outer world, including at home. Students are unwilling to ask their parents or teachers due to fear of reprisal or mockery. The education system of India expects parents to counsel their children. In most cases, this doesn’t work. A parent might not be qualified to counsel a child on a certain issue. Or the child could be wary of asking about something to the parent. In such situations, a counsellor plays a valuable role. Yet, most Indian schools do not have one. Consequently, it’s usually parents that pick up a course or profession for their child. Parents decide a career on two basic criteria: prestige and income. And usually, children don’t go against the wishes of their   even if that means lifelong suffering.
• Heavy Emphasis on Scores/ Marks: The current education system of India lays extra heavy emphasis on scores rather than education itself. Those who score low suffer from all sides. They don’t get admissions for higher education and face ridicule. This is evident from the thousands of coaching classes that flourish across India. In a bid to score high, a student usually memorizes things rather than learning them. And once an exam is over, the student is blank about the subject to a great extent. Parents eager that their children should net high scores are willing to cough up high fees demanded by coaching classes. In this bid to score high, students are forced to neglect recreation while making time to attend coaching classes. Furthermore, most coaching classes also focus on scores rather than actual learning. This grind between school and coaching kills creativity, diminishes innate skills and makes studies a boring race instead of an opportunity to learn. In most cases, the only recreation a student gets is watching videos or playing games on the smartphone. Outdoor activity and sports, especially in higher classes, come to a near standstill.

RIGHT TO EDUCATION IS FAILING IN INDIA

The budgetary issue occurring in right to education because schools are not legally taking the monetary value from the parents. Private schools are charging so high. Admissions are done not on the basis of eligibility but on the basis that how high a parent can give monetary fees to the schools. The expenditures schools are higher even govt. is providing uniform, books to the children so from where do the schools are getting money? Schools are asking Right to Education parents to pay activity fees or something every month despite of enrolling their children under Right to Education. Even with free education, it’s hard enough to convince parents to send their child to school, giving them a cost to bear will completely discourage them from educating the child. People having lower income can’t afford the sky touching private school’s fees and they have to pay for free education too.

Low funding has a direct bearing on the quality of education in schools. Money is needed to hire experienced teachers and then train them, to hold extra classes, provide additional assistance and tests for students. But RTE schools don’t even have the money to hire credible teachers. They simply can’t afford the salary expectations that come with experience. So they hire fresh graduates, some of them without a degree in teaching. As a result, the teaching technique is so bad that students don’t end up learning much.

Other facilities like transportation and schoolbooks are also conveniently ignored due to funding issues. Some schools don’t even have electricity. Student’s sit in candlelight, or worse, in playgrounds, under trees to study. Parents are also rarely reimbursed for transportation to schools. And travelling to some schools is not as simple as hopping into an auto. In some villages, schools are so inconveniently far from homes that children have to navigate several kilometres of rocky roads on foot every day.

Women Education in India

Educating a girl means educating nation. Female education plays an important part in the progress of the country. India being the world’s largest democracy having low female literacy rate.

Importance of female education

Females education is important to keep the balance in the lives of females and males. Educating girls narrow the gap and open up the various fields for them. If girls get educated that will be a great help for the family financially. Educating mothers improve child nutrition as they get to know the various ways to improve their child’s nutrition and give child a happy and healthy life.

Sometimes, the unhappy married women left no option as they don’t have skills so education helps those women in enhancing their skills and work for themselves.

 Scheme for Girl's Education

• Sukanya Samriddhi Yojana: (SSY): Sukanya Samriddhi account is a famous and popular scheme backed by the Government of India. As part of ‘Beti Bachao, Beti Padhao’ campaign started by the Government, this is a saving scheme for the benefit of the girl child. The scheme secures the future of girl children, by encouraging parents to build a fund, to meet the expenditure for the education and marriage of their girl child. It has a number of benefits, which are mentioned below. 

Benefits: The interest for each financial year. The interest rate offered in this is the highest, when compared to other small saving schemes. This scheme is also one of the most tax-saving ones. One of the best features of this scheme is the provision of a lock-in period. You can certainly build an adequate amount to provide a bright future for your girl child. The account can also be transferred to another place if required.

• Balika Samridhi Yojana: (BSY) The Balika Samridhi Yojana, specifically for the upliftment of girls, is a small saving deposit scheme launched by Government of India in August ’97 to change the attitude of the community towards female child at birth, retain and enrol girl children in schools, and assist a girl to take up income generating activities. It is being implemented in both urban and rural areas.

Benefits: scholarship for successfully completing set years of schooling. The amount of scholarship can be deposited in an interest-bearing account, and the maximum possible rate of interest is ensured. No premature withdrawal is allowed, and it matures when the girl turns eighteen years of age.

• Mukhyamantri Rajshri Yojana (MRY)To curb the rate of female feticide and provide proper medical care and education, the state government of Rajasthan has launched this programme called MukhyaMantri Rajshri Yojana. The scheme Mukhyamantri Rajshri Yojana aims at educating and financially assisting families, so that they can care for their girl child. The scheme helps in spreading positivity about the girl child.

Benefits: The first instalment of Rs. 2,500/- is given to the mother of a newly born girl child, by the respective medical centre. After completing one year, with all vaccinations done, the second instalment of 2,500/- is given through a cheque. At the time of admission in any public school in grade I, Rs.4.000/- is paid to the girl child. To encourage the girl child to continue studying, Rs.5.000/- is paid to girls in grade VI and Rs. 11,000/- to girls in Grade XI.

• Mukhyamantri Ladli Yojana (MLY)In order to boost the female sex ratio, financial assistance is provided to BPL (Below Poverty Line) families in Jharkhand state, through the Mukhyamantri Ladli Yojana. This scheme ensures gender equality and creates awareness on women’s rights. The scheme aims at making girls independent. The girls not only get an interim payment, but also receive a large amount of money at the age of 21. 

Benefits: It is a state government initiative, in which Rs.6000/- is deposited every year in the name of the girl child, in the post office savings account. This is done for a period of five years. When the child starts attending school, she will receive Rs. 2,000, Rs. 4000, and Rs. 7,500 in grades VI, IX, and XI, respectively. In the higher secondary classes, girls are given a monthly stipend of Rs 200/-so that they do not have to depend on others for their needs in their teenage years. At 21 years of age, the deposited amount will mature and can be used at the time of marriage. The scheme can be availed by parents with one or two daughters only.

•  Mazi Kanya Bhagyashree Scheme (MKBS)In 2016, the government of Maharashtra started a new scheme to replace the old Sukanya scheme called Mazi Kanya Bhagyashree scheme. Under this scheme, the economically weaker group or BPL category families are given financial assistance by the state government for survival and education of daughters. The brand ambassador for this scheme is a popular actress Bhagyashree. The name of the scheme is from her name.

Benefits: The key benefit of the Mazi Kanya Bhagyashree scheme is that it will help families receive financial aid to send their girls to attend schools in Maharashtra. A mother will get Rs. 5,000/- for the first five years after her daughter’s birth. Then the child will get Rs. 2,500/- per year until she reaches Grade V and then Rs.3000/- per year until she reaches Grade XII. After attaining 18 years of age, she will be entitled to Rs. 1 lakh per year of her education. The payouts are planned to fund many of the costs associated with further studies.

• Nanda Devi Kanya Yojana: (KY)The State government of Uttarakhand, in association with the Women and Child Welfare Department, has launched the scheme, Nanda Devi Kanya Yojana, to provide financial help to couples with one girl child. A fixed deposit of Rs. 1,500/- is made in the name of the newly born girl child in the state. The amount is given to the girl when she attains 18 years of age and completes her high school examination. The government has taken this good initiative for female children.

Benefits: The scheme helps to provide monetary assistance to families with one girl child. It helps develop a positive attitude towards girl childbirth, improves health and educational status of the girls, prevents female feticide, minimises child marriages, and provides them with a better future.

• Mukhyamantri Kanya Suraksha Yojana: (MKS)This scheme Mukhyamantri Kanya Suraksha Yojana was launched in the state of Bihar to provide financial assistance to the girls of BPL families who are born after November, 2007. The birth of every girl child is to be registered within a year, and Rs.2000/- is given after showing the birth registration certificate. The scheme was introduced as an alliance between Bihar government and UTI mutual fund. The most attractive feature of the scheme is that the consolidated amount will be given to the girl child after she attains adulthood.

Benefits: Financial assistance is provided by the state to the first two girls in a family, who belong to below poverty line and are born after November 2007. When the girl attains 18 years of age, the amount equal to the maturity value is given to the girl. If the girl dies in the intervening period, the amount is supposed to be paid back to the Women Development Corporation, Patna.

• CBSE Scholarship Scheme: The Central Board of Secondary Education has launched a scholarship for single girl children who pass their Standard X Examination from a CBSE affiliated school with minimum 60% marks. It is a Central Government scheme to boost female education in India. This scholarship is to identify the efforts of parents in promoting education among girls and to provide a financial boost to deserving and meritorious students. The scholarship will be given to girls who are studying in schools where the tuition fee is less than Rs.1,500/- per month. The selected students get a scholarship of Rs.500/- per month. 

Benefits: The scholarship distinguishes the efforts of the parents who support education among girls with an excellent academic record, but lack resource and money. It offers some relaxation in the school tuition fee. It indirectly promotes the idea to have a single girl child.

Conclusion

Thus, education is necessary for all. Educate one, Educate all. Educating the people of the nation is the best way to keep them together. “Education is the most powerful weapon to change the world”.

Compulsory admission of Economically Weaker Section (EWS) children requires careful handling by the school staff. School education cannot be separated from its social context; those who teach and learn carry with them attitudes, beliefs, habits, customs and orientations which differ from class to class and caste to caste. The elite schools have their own culture and their teaching-learning environment which suits children of upper class but which children from weaker section may find alien. Most of the teachers in schools belong to middle class which gives an edge to middle class children in learning. Children of upper classes are able to comprehend the contents of the syllabus better than their counterparts belonging to marginalized sections of society.

The present experience of India with mixed or diversified classroom is not encouraging. The children from marginalized sections of society are discriminated in the classroom on the bases of gender, caste, and ethnicity despite the fact that the Indian constitution strictly prohibits discrimination on the bases of caste and other social backgrounds and is a punishable act. Teachers must exercise due caution to ensure that they are not discriminated against and their lack of knowledge not ridiculed.

“Padhega India, badhega India”.