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Evolution of right to education

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  • 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com EVOLUTION OF RIGHT TO EDUCATION IN INDIA KRISHNAVENI.S HEAD -RESEARCH
  • 2. INTRODUCTION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Education in India has a history stretching back to the ancient urban centers of learning at Taxila and Nalanda. Education emancipates the human beings and leads to liberation from ignorance. According to Pestalozzi “education is a constant process of development of innate powers of man which are natural, harmonious and progressive.” It is said that in the Twenty First Century, ‘a nation’s ability to convert knowledge into wealth and social good through the process of innovation is going to determine it’s future.” Accordingly twenty first century is termed as century of knowledge.
  • 3. THE RATIONALE BEHIND COMPULSORY AND FREE EDUCATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Education is commonly referred to as the process of learning and obtaining knowledge at school, in a form of formal education. Education is now recognized as a basic human right, the need and significance of which has been emphasized on the common platform of the United Nations, through the medium of various Covenants and Treaties. It is also being seen as an instrument of social change and hence education leads to empowerment which is very important for a country like India, which after 65 years of independence has not been able to eradicate illiteracy in spite of the constitutional mandate given by way of.
  • 4. EDUCATION IN THE VEDIC PERIOD CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A reading of Indian education history reveals that it was notorious for its lack of social inclusiveness. The legendary tale of Ekalavya from the India Epic of Mahabharata showcases such social exclusion. Till the nineteenth century A.D., education was largely considered a privilege restricted to persons at the higher end of the caste and class spectrum. Religious content of education, coupled with its elitist medium of instruction were two factors that contributed to such exclusion. People from the lower castes, and the so-called shudras (Dalit Bahujans) in particular were denied admission into Gurukulas or Ashramas.
  • 5. EDUCATION DURING THE MUSLIM DYNASTY CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A small reprieve came when the dominance of classic Vedic education was overthrown by Buddhism and Jainism; and education was no longer confined to hermitages. The Muslim rulers of the Indian Subcontinent also did not consider education as a function of the State. It was largely perceived as a branch of religion and was entrusted to theologians called Ulemas. In short, in ancient and medieval India, education was a privilege available only to a chosen few.
  • 6. EDUCATION DURING BRITISH PERIOD CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • During the 19th and 20th centuries most of the Indian princely states fell under the British Raj. The British rule during the 19th century did not take adequate measures to help develop science and technology in India and instead focused more on arts and humanities. Till 1899 only the University of Bombay offered a separate degree in sciences.[ In 1899 B.Sc and M.Sc. courses were also supported by the University of Calcutta. By the late 19th century India had lagged behind in science and technology and related education.[ However, the nobility and aristocracy in India largely continued to encourage the development of sciences and technical education, both traditional and western.
  • 7. DEMAND FOR FREE EDUCATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The demand for a law on FCE which was made during the freedom struggle, sought to break the above-mentioned heritage of an inequitable and neglected education system. In their evidence placed before the Education Commission (Hunter Commission) appointed in 1882, Dadabhai Naoroji and Jyothiba Phule demanded State-sponsored free education for all children for at least four years. This demand was indirectly acknowledged in the Commission’s recommendations on primary education. The Commission also recommended that schools should be open to all castes and classes.
  • 8. FIRST LAW ON COMPULSORY EDUCATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Thereafter, the first law on compulsory education was introduced b law on compulsory education was introduced by the State of Baroda in 1906. This law provided for compulsory education to boys and girls in the age groups of seven to twelve years and seven to ten years respectively In 1911, Gopal Krishna Gokhale moved a Bill for compulsory education in the Imperial Legislative Assembly, albeit unsuccessfully, and in the midst of stiff resistance. The Legislative Council of Bombay was the first amongstthe Provinces to adopt a law on compulsory education. Gradually, other Provinces followed suit as control over school education was transferred to EMAIL info@altacit.com WEBSITE www.altacit.com Indian Ministers under the Government of India Act, 1919. However, even though Provincial Legislatures had greater control and autonomy in enacting laws, progress in universalising education was poor due to lack of control over resources.
  • 9. NATIONAL CONFERENCE ON EDUCATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The idea of compulsory education was reiterated in 1937, at the All India National Conference on Education held at Wardha where Gandhi mooted the idea of self-supporting ‘basic education’ for a period of seven years through vocational and manual training. This concept of self-support was floated in order to counter the Government’s persistent excuse of lack of resources. The next landmark development in the history of FCE in India was the Post War Plan of Education Development of 1944, also called the Sargent Plan, which recommended FCE for eight years (six to fourteen years’ age group).
  • 10. PRE CONSTITUTIONAL DEBATES CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Despite the consistent demand for FCE during the freedom struggle, at the time of drafting the Constitution, there was no unanimous view in favour of a fundamental right to education. The Constituent Assembly Debates reveal that an amendment was moved to alter the draft Article relating to FCE. By this amendment, the term ‘entitled’ was removed from the draft Article to ensure that education remained a non-justiciable policy directive in the Constitution.29 Therefore, FCE made its way into the Constitution as a Directive Principle of State Policy under former Article 45,30 whereby States were required to ensure the o f provision whereby States were required to ensure the provision FCE to all children till the age of fourteen years within a period of ten years of the commencement of the
  • 11. THE DEMAND FOR A FUNDAMENTAL RIGHT TO EDUcATION EDUcATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The Indian Education Commission (Kothari Commission) 1964–1968, reviewed the status of education in India and made several recommendations. Most important amongst these is its recommendation of a common school system with a view to eliminating inequality in educational opportunities Immediately thereafter, the National Policy on Education (NPE), 1968 was formed. This Policy was the first official document evidencing the Indian Government’s commitment towards school education. It dealt with issues of equalisation of educational opportunity and sought to adopt a common school system in order to promote social cohesion.32 Interestingly, it even required special schools to provide a proportion of free studentships to prevent social segregation in schools.33 Nevertheless, it retained the status of FCE as a ‘directive principle.
  • 12. MOHINI J JAIN v.s UNION OF INDIA (1992) 3 scc 666. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The Supreme Court first recognised the right to education as a fundamental right in this case It was observed in this judgment that: 'Right to life' is the compendious expression for all those rights which the courts must enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from right to life. The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The State Government is under an obligation to make endeavor to provide educational facility at all levels to its citizens. (para 12)
  • 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com J P UNNIkRIsHNAN vs. sTATE OF ANDHRA PRADEsH, 1993 scc • The Court observed that: The right to education which is implicit in the right to life and personal liberty guaranteed by Article 21 must be construed in the light of the directive principles in Part IV of the Constitution. So far as the right to education is concerned, there are several articles in Part IV which expressly speak of it. Right to education, understood in the context of Articles 45 and 41, meant: (a) every child/citizen of this country has a right to free education until he completes the
  • 14. RIGHT TO EDUcATION BEcOMEs A FUNDAMENTAL MRIGHT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • In 2002, the 86th a mendment to the Constitution introduced Article 21-A making the right to education a fundamental right. For the first time in independent India’s history a fundamental right had been added to the Constitution. Unlike other fundamental rights the right to education required an enabling legislation to become effective. The RTE Act is this enabling legislation. The RTE Act came into force on April 1, 2010.
  • 15. RIGHT OF cHILDREN TO FREE AND cOMPULsORy EDUcATION AcT 2009 (RTE AcT) CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com According to the act all the children in the age group of 6-14 years will be provided 8 years of elementary education in an appropriate classroom in the vicinity of his neighbourhood and the cost of facilitating education to a child will be borne by the State. All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfil these standards within 3 years will be allowed to function. Also the unrecognized private schools operating in the country will have to apply for recognition, failing which they will be penalized to the tune of Rs1 lac and if they still continue to function will be liable to pay Rs.10,000 per day as fine. The government has also taken a number of steps to implement the provisions of the Act.
  • 16. CONCLUSION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • Thus the government has taken these important step to realize it’s goal of achieving maximum literacy in the state. But these rules and regulation should be properly executed and followed by all in order to make India a wholly literate and developed nation.
  • 17. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 THANKYOU EMAIL info@altacit.com WEBSITE www.altacit.com