RTEA India


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RTEA India

  1. 1. JOINING HANDS IN THE INTEREST OF CHILDREN The 86th constitutional amendment (2002), & the RTE Act (2009) give us the tools to provide quality education to all our children Kapil Sibal
  2. 2.  Kapil Sibal (born August 8, 1948) is a prominent Indian politician and former lawyer and is  currently the Union Minister for Ministry of Human Resource Development in the Government of India.  He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet. 2
  3. 3. Literacy in India, data of 2001  According to the 2001 census, the total literacy rate in India was 65.38%.  The female literacy rate was only 54.16%.  The gap between rural and urban literacy rate was also very significant in India.  This is evident from the fact that only 59.4% of rural population were literate as against 80. 3% urban population according to the 2001 census. 3
  4. 4. Development from 2002 to 2010  The 86th constitutional amendment (2002) has made elementary education a fundamental right for the children between the age group- 6 to 14. Elementary education consists of eight years of education.  The Right of Children to Free and Compulsory Education Act was passed by the India parliament on 4 August 2009, under Article 21A of the Indian Constitution. The act came into force on April 1, 2010. 4
  5. 5. Right to Education Act – 2009 came into force from 1 April, 2010  The Right of Children to Free and Compulsory Education Act was passed by the India parliament on 4 August 2009 which describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution.  India became one of the few countries to make education a fundamental right of every child when the act came into force on April 1, 2010. 5
  6. 6. Gives Norms_egalitarian schooling  The bill makes education a fundamental right of every child between the ages of 6 to 14 and specifies the minimum norms in government schools.  It specifies reservation of 25% seats in private schools for children from poor families, prohibits the practice of unrecognized schools, and makes provisions for no donation or capitation and no interview of the child or parent for the admission. 6
  7. 7. Commissions to monitor good implementation  The act also provides that, no child shall be held back, expelled, or required to pass a board examination until completion of elementary education.  Provision for special training of school drop-outs to bring them at-par with the students of the same age.  Right to Education of Person with Disabilities till 18 years of age has been made a Fundamental Right.  The act also provides for establishment of the National Commission for Protection of Child Rights and State Commissions for supervising of proper implementation of the act, looking after the complaints and protection of Child Rights. 7
  8. 8. Plan & Funding assured, shared  Other provisions regarding improvement of school infrastructure, teacher-student ratio and faculty have also been provided in the act.  A committee set up to study the funds requirement and funding estimated that Rs 1.71 lakh crore would be required in the next five years for implementing the Act.  The government agreed to sharing of funds in the ratio of 65 to 35 between the Centre and the states for implementing the law, with a ratio of 90 to 10 for the north-eastern states. 8
  9. 9. Struggle for universalizing elementary education  Everybody acknowledges the value of education in the overall development of the children.  Roles to play are several: 9
  10. 10. Administrators focus on  Enrolment  Availability of schools within walking distance  Provisioning for infrastructure  Deployment of teachers. 10
  11. 11. Educationists are concerned about  What is Learnt, how is it presented?  Whether or how children learn, and the  Burden of syllabi, which is passed on to  Tuition centres or Parents 11
  12. 12. Development professionals discuss  The impact of years of schooling, for example on the age of marriage and family size.  Economists talk about the economic returns on Investment in education  Parents have expectations from the education system_ that it should equip their children for gainful employment, and economic well being. 12
  13. 13. To fulfill goals of universal elementary education  The enforcement of fundamental right to education provides us a unique opportunity to mount a mission encompassing all the above discourses to fulfill our goal of universal elementary education. 13
  14. 14. RIGHT TO EDUCATION ACT came after 60 years of our attaining self- governance  It provides for children‟s right to free and compulsory admission, attendance and completion of elementary education.  Undoubtedly, much progress has occurred since the last sixty years of our independence and many more children with a diverse background are accessing school. 14
  15. 15. 15
  16. 16. Dropped out, child labourers  There are „invisible‟ children_ children bonded to work with an employer,  young boys grazing cattle or working in a dhabha  girls working in the fields or as domestic help or caring for younger siblings, and  children being subjected to early marriage. Many of these children are formally enrolled in a school but have either dropped out or have never been there. 16
  17. 17. Extremely vulnerable ones  Many others such as migrant and street children, who live in extremely vulnerable conditions; denying them education is against the universal nature of human rights. 17
  18. 18. Enrol, attend, learn, and Be empowered by education  Providing universal access itself is no longer enough; making available school facility is essential but not sufficient.  A monitoring mechanism is needed to ensure that all children attend school regularly and participate in the learning process. 18
  19. 19. Not attending, drop-out in a few months?  Focus must be on the factors that prevent children from regularly attending & completing elementary education. Children from  weaker sections and  disadvantaged groups, as also  girls.  SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND PEDAGOGIC ISSUES 19
  20. 20. Reservation of 25% seats in private schools for children from poor families  The school may be  Social, economic, there but students may cultural, linguistic, not attend, or drop out pedagogic issues after a few months.  Denial or violation of the  Through school & social right to elementary mapping, many issues education process need to be addressed requires to be that prevent a weak overcome with the child from completing encouragement and the process of enlightenment of the education. weak & vulnerable. 20
  21. 21. Free, compulsory and of high quality  The right to education is free, compulsory and it includes good quality education for all.  A curriculum not only provides good reading and understanding of text books but also includes learning through activities, exploration and discovery.  Comprehension, competence, competitiveness and creativity should be developed, not forgetting compassion. 21
  22. 22. Education Depts of State & Union Governments have direct responsibility To provide  schools,  infrastructure,  trained teachers,  curriculum and  teaching-learning material, and  mid-day meal. A well coordinated mechanism is needed for inter- sectoral collaboration & convergence. 22
  23. 23. On the part of the whole Govts:  The factors that contribute to the achievement of the overall goal of universalizing elementary education as a fundamental right requires action on the part of the whole Governments. A well coordinated mechanism is needed for inter- sectoral collaboration & convergence. 23
  24. 24. Timely & appropriate financial allocations, redesign school spaces  The Finance Department to release funds at all levels.  The Public Works Dept. to re-conceive and redesign school spaces from the pedagogic perspective & Address issues of including disabled children through barrier free access. 24
  25. 25. Provide Social & Location Mapping of schools, Water & sanitation facilities  The Dept. of Science & Technology to provide geo-spatial technology to perform at grass-root survey.  Provision of access to sufficient safe drinking water  Provision and access to adequate sanitation facilities, specially for girl child. 25
  26. 26. ROLE OF CIVIL SOCEITY in RTE  Above all, people‟s groups, civil society organizations & voluntary agencies will play an crucial role in the implementation of the RTE Act.  This will help build a new perspective on inclusiveness, encompassing gender & social inclusion, & ensure that these become integral & crosscutting concerns informing different aspects like training, curriculum and classroom transaction. 26
  28. 28. Prime Minister Manmohan Singh: "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India.” 28
  29. 29. The 86th constitutional amendment (2002), And the RTE Act (2009), have given us the tools to provide quality education to all our children. It is now imperative that we the people of India join hands to ensure the implementation of this law in its true spirit. The Government is committed to this task though real change will happen through collective action. Thank you. 29
  30. 30. India’s private sector contributes to tasks of education significantly  According to an „Economic Times‟, article dated 17- 07-2010 we find:  About 40% of Indian K to 12* students study in private schools.  In 2010 so far, this sector has raised $ 80m in PE funding in 3 months including a Rs. 100 crore investment from PE firm Reliance Capital in pathways world school.  The K to 12 segment is expected to grow by 14% over the next two years. * Kinder- garten to standard 12 30
  31. 31. Independent entrepreneurs & industrial houses are in school education space in a big way  Education companies are setting up thousands of new schools to cater to the young from toddlers to teen agers.  Ref: „It is back to school for India Inc.‟, Perzada Abrar, The Economic Times, dated 17th June 2010.  “Education of kids is the second largest spend for the Indian family after food and groceries.” 31
  32. 32. A model for quality schooling that is affordable to mid-class parents is needed.  School segment is ideal for corporates to venture into, to improve the quality of the education as well as to provide good conditions to the teachers.  The sector is to attract $ 300-350 million of private equity investment this year compared to almost nil some years ago.  Ref: „It is back to school for India Inc.‟, Perzada Abrar, The Economic Times, dated 17th June 2010. 32
  33. 33. Special feature, Philanthropy, ‘Mittal is calling’, Joji Thomas Philip, The Economic Times,24 June 2010  Sunil Mittal is building 550 schools to educate 1,00,000 poor children deep inside India‟s villages.  Bharati Foundation, philanthropic arm of the Bharati group, runs schools at an annual cost of Rs. 28 crores. Besides, similar work has been done by corporate groups like the Tatas, Birlas, Godrejs, Azim Premji, Infosys, and others.  Along with the investment for economic growth, certain socio-economic inclusiveness too have to be achieved. Yes, we can do it. 33
  34. 34. Post April 2010 developments
  35. 35. July 30, 2010, The Centre has agreed to pay almost 70 per cent of the finances required to implement the Right to Education (RTE) Act. • The finance ministry's expenditure finance committee (EFC) approved a massive hike in central funding for the law, which promises schooling to every child between 6 and 14 years of age. • The hike means 16 out of 35 states and union territories won't need to increase their education budgets to meet RTE commitments at all, government sources told HT. • Presently, the Centre and states share funding of the Sarva Shiksha Abhiyan, the principle vehicle for RTE, in a 55:45 ratio. 35
  36. 36. The HRD ministry has projected Rs 2,31,233 crore as the total cost over five years of implementing the law. The 13th Finance Commission has already set aside Rs 24,068 crore of additional funds to help the states implement the law. The EFC agreed the Centre would pay 65 per cent of the remaining financial requirements — after deducting the Commission's award from the total projected cost. The 65 per cent, added to the Commission's award, works out to Rs 1,58,725 crore, almost 70 per cent of the total financial burden of Rs 2,31,233 crore. 36
  37. 37. RTE enforced as a fundamental right  RTE has been a part of the directive principles of the State Policy under Article 45 of the Constitution, which is part of Chapter 4 of the Constitution. And rights in Chapter 4 are not enforceable.  For the first time in the history of India we have made this right enforceable by putting it in Chapter 3 of the Constitution as Article 21. This entitles children to have the right to education enforced as a fundamental right.  37
  38. 38. Supreme court to take up Case against RTE in October, 2010, Deccan Herald, 21st Sept., ‘Nation’  New Delhi, Sept 21, DH News Service: Tuesday, September 21, 2010 --> The Supreme Court fixed October 1 as the date for hearing a petition filed by “The Society for Unaided Private Schools” from Rajasthan that was referred to a constitution bench. : “We challenge Article 15 (5) of the Constitution that enables the state to make provisions for the advancement of education for the weaker sections of society relating to admission in educational institutions.” 38
  39. 39. Constitutional validity of Article 15 (5) and also to Article 21(A) questioned  On September 6, a three-judge bench of Chief Justice S H Kapadia, Justices K S Radhakrishnan and Swatanter Kumar had ordered for placing the matter before a five-judge constitutional bench as the question of law is involved in the matter.  The bench had said, “Since the challenge involved relates to the Constitutional validity of Article 15 (5) and also to Article 21(A), we are referring the matter to a larger bench of five judges.” 39
  40. 40. Private Schools and the Poor: Implementing the 25% in Section 12 of RTE (Right to Education Act 2009)  If the RTE ACT is fully implemented (a big IF), it will be the largest education sector Public Private Partnership (PPP) in the world.  Private Unaided schools will have to admit in Class I, a minimum of 25% of their capacity, students from disadvantaged sections with the Government compensating the schools for the 25%.  Interestingly, the responsibility of monitoring the implementation of the RTE Act is not with the Government, but has been assigned to the National Council for the Protection of Child Rights (NCPCR) - an autonomous body set up in March 2007. 40
  41. 41. Responsibility of monitoring the implementation of the RTE Act  It is not with the Govt, but has been assigned to the National Council for the Protection of Child Rights (NCPCR) - an autonomous body set up in March 2007.  The NCPCR doesn't have experience in monitoring something like the implementation of the RTE Act and they will need to learn as they go 41 along.
  42. 42. Regulations imposed on schools by the RTE Act: Schools will have to adhere to • specified student-teacher ratios, • provide a minimum level of infrastructure, • a minimum number of working hours per week and • working days per year and so on. • All unrecognised private schools must obtain recognition once the Act comes into effect to continue to function after the Act comes into force. 42
  43. 43. The RTE Act has important implications for the overall approach and implementation strategies of Sarva Shiksha Abhiyan. It is necessary to harmonize the SSA vision, strategies and norms with the RTE mandate. The Department of School Education and Literacy set up a Committee under the Chairpersonship of Shri Anil Bordia, former Education Secretary, Govt. of India, to suggest follow up action on SSA vis-à-vis the RTE Act. 43
  44. 44. Committee set up for Department of School Education and Literacy During initial meetings of the committee it was conveyed on behalf of the Ministry of HRD that the committee may not strictly confine itself to the terms of reference and should as well make recommendations regarding implementation of RTE Act 2009.(A copy of the Government Order No. F.2-50/2009-EE.3 dated 3rd September, 2009 constituting the Committee and its Terms of Reference.) 44
  45. 45. Home work done  The Committee held seven meetings between September 2009 and January 2010, during which it had interaction with State Secretaries of Education, educationists, representatives of teachers‟ unions, voluntary organisations and civil society organisations who are in close touch with field realities, and representatives of persons working with children with special needs. 45
  46. 46. Insights developed  Consultation with representatives of teachers‟ unions and civil society organisations provided important insights.  This was inter alia, for bringing out-of- school children from disadvantaged sections into age appropriate class,  Care and support in mainstream schools for children with special needs, education for girls, 46
  47. 47. Insights developed  Giving importance of forging partnerships with voluntary agencies and civil society organisations for developing capacities of school management committees (SMCs).  SMCs are to formulate school development plans, realigning teacher education and training systems to build learning on children‟s experiences and pre-knowledge. 47
  48. 48. Insights developed  Additionally, interaction with State Secretaries of Education provided valuable inputs on issues relating to the nature of central assistance, implementation structure for SSA and RTE, and fund transfer mechanism for SSA and RTE. 48
  49. 49. The National Commission for Protection of Child Rights (NCPCR) has been mandated to monitor the implementation of this historic Right. Right to Education Act, 2009 Rules A special Division within NCPCR will undertake this huge and important task in the coming months and years. A special toll free helpline to register complaints will be set up by NCPCR for this purpose. NCPCR welcomes the formal notification of this Act and looks forward to playing an active role in ensuring its successful implementation. 49
  50. 50. NCPCR also invited all civil society groups, students, teachers, administrators, artists, writers, government personnel, legislators, members of the judiciary and all other stakeholders to join hands and work together to build a movement to ensure that every child of this country is in school and enabled to get at least 8 years of quality education 50