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    Art 21A

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    Abhishek Sharma
    The document discusses India's efforts to provide universal elementary education. It outlines how the 86th amendment made free and compulsory education a fundamental right. However, implementation of the Right to Education Act has faced many challenges. Schools still lack adequate infrastructure, teachers, and quality education. For the Act to succeed, further investments are needed along with a focus on quality, teacher training, and addressing shortcomings observed in the first year of implementation.

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    Art 21A

    Uploaded by

    Abhishek Sharma
    28 views14 pages
    The document discusses India's efforts to provide universal elementary education. It outlines how the 86th amendment made free and compulsory education a fundamental right. However, implementation of the Right to Education Act has faced many challenges. Schools still lack adequate infrastructure, teachers, and quality education. For the Act to succeed, further investments are needed along with a focus on quality, teacher training, and addressing shortcomings observed in the first year of implementation.

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    Art.21A

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    The document discusses India's efforts to provide universal elementary education. It outlines how the 86th amendment made free and compulsory education a fundamental right. However, implementation of the Right to Education Act has faced many challenges. Schools still lack adequate infrastructure, teachers, and quality education. For the Act to succeed, further investments are needed along with a focus on quality, teacher training, and addressing shortcomings observed in the first year of implementation.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    28 views14 pages

    Art 21A

    Uploaded by

    Abhishek Sharma
    The document discusses India's efforts to provide universal elementary education. It outlines how the 86th amendment made free and compulsory education a fundamental right. However, implementation of the Right to Education Act has faced many challenges. Schools still lack adequate infrastructure, teachers, and quality education. For the Act to succeed, further investments are needed along with a focus on quality, teacher training, and addressing shortcomings observed in the first year of implementation.

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    You are on page 1of 14

    After independence, Article 45 under the Indian

    Constitution stated that 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.
    But the State failed miserably in fulfilling this
    obligation as is evident from the fact that even
    after 60 years, universal elementary education
    remains a distant dream.
    1
    The 86th Amendment Act, 2002, made three
    specific provisions in the Constitution to
    facilitate the realization of free and compulsory
    education. These were
    (i) adding Article 21A in Part III (fundamental
    rights),
    (ii) modifying Article 45, and
    (iii) adding a new clause (k) under Article 51A
    (fundamental duties), making the parent or
    guardian responsible for providing
    opportunities for education to their children
    between 6 and 14 years. 2
    Art 21-A inserted in Fundamental Rights as per
    86th Constitutional Amendment:

    The State shall provide free and compulsory


    education to all children of the age of 6 to 14
    years in such manner as the State may, by law,
    determine.
    Consequential legislation::
    The Right of Children to Free and Compulsory
    Education Act, 2009.
    Presidential assent received on 26th August,
    2009 and came in to force from April 1, 2010.
    3
    Provisions (Right of children)
     To free and compulsory admission, attendance
    and completion of EE.

     Free: no child liable to pay any fee/expense


    preventing her from pursuing and completing
    EE.

     Compulsion: on the state; parental duty to


    send children to school.

     Not enrolled/dropout children be admitted to age


    appropriate class.
     No child shall be failed or expelled up to class 8
    4
     Bars corporal punishment mental harassment.
    Provisions (Teachers)
     Qualification for appointment of teachers
    to be laid down by academic authority
    authorised by Central Government.

     Academic responsibilities of teachers laid


    down

     Prohibits deployment of teachers for non-


    education purpose, except for:
    • Decennial census
    • Disaster relief
    • Elections to Parliament, State
    Legislatures, Local Bodies. 5
    Provisions (Schools)
     Norms and standards specified for all schools
    • Infrastructure and related facilities
    • Pupil Teacher Ratios – for each school
    • School days; working hours for teachers
    • Facilities
     Community participation in schools ensured
    through SMC comprising elected reps, teachers
    and parents
    • ¾ members from among parents of children in
    the school; 50% women
    • Proportionate representation to weaker and
    deprived sections
    • SMC to plan, manage and monitor – in
    collaboration with the local authority 6
    Provisions (Schools)
     All aided schools to provide free education to
    at least 25% children.
     Special category schools and unaided schools
    to admit in Class I at least 25% children,
    belonging to weaker section and
    disadvantaged group, from the neighborhood,
    and provide free and compulsory elementary
    education.
     No capitation fees
     No screening for admission
     No school without recognition.

    7
    Reality check of implementation
    The Act’s implementability at the ground level
    is doubtful as is clearly shown from its
    implementation in last more than one year.
     universal access is a distant dream,
     completion of elementary education is a far cry,
     free education is a myth,
     teachers are in acute shortage,
     intent on the part of many states and
    concerned authorities is lacking,
     investment in infrastructure is insufficient,
     quality is elusive, and
     monitoring mechanism is altogether absent. 8
    Present scenario in elementary education
    What the authors have seen during their observation
    of various schools is that even after passing of more
    than one year after the enforcement of the Act still-
     Poor presence of students
     Ignorance among teachers and guardians
    about the provisions of the Act
     Pathetic condition of training regarding RTE
     Acute shortage of teachers
     Malaise of absence of teachers from the
    schools
     No atmosphere of quality teaching and
    meaningful teaching-learning process 9
    Present scenario……..
     Callousness of concerned authorities
     Negative attitude of teachers
     Bad effect of no detention policy
     Dilapidated conditions of schools premises
     Absence of even basic amenities
     Improper distribution of books, uniforms and
    other things.
     Bad condition of mid-day meal scheme
     Absence of mechanism and facilities
    regarding children with disabilities

    10
    Recommendations
     Focus on Quality rather than sheer
    enrolment numbers
     Focus on raising standards in Government
    schools particularly in under-performing
    states
     Proper re-look at retention and transition,
    i.e. no-detention policy
     Revision of existing Quality Framework
    developed for the Sarva Shiksha Abhiyan

     Technical Support to Develop Context


    based Strategies
     Conduction of mapping of Government 11

    and private schools across all States


    Recommendations...
     Formulation of norms to ensure 25%
    reservation to children from
    economically weaker sections
     Relevant Curriculum Reform
     Ensuring of equal and equitable
    treatment to all children
     Training of teachers in requisite
    classroom management skills
     Develop Quality Standards for Teacher
    Training
     Reform of In-Service Teacher Education
     Popularization of the Act into masses
     Grievance Mechanism
    12
    Conclusions
    The Right to Education (RTE) Act would play
    an important role in achieving universal
    elementary education in India, but it is amply
    clear that year one of the implementation of
    the Act has not covered much ground.
    In order to meet the goals set by us,
    India must prioritize and invest in making the
    Act a reality through dialogue and
    consultation with key stakeholders within and
    outside the government. Else the Act will join
    the ranks of yet another legislation which
    never covered the distance between
    conceptualization and implementation.
    13
    14

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