UNDERMINING THE RIGHT TO EDUCATION

Syllabus:

GS 2:

  • Issues Relating to Development and Management of Social Sector/Services relating to Education & Human Resources.
  • Key legislations , Amendments, and Significant Provisions.

Why in the News?

The Right to Education (RTE) has been thrust into the spotlight following a landmark Bombay High Court verdict. The court overturned a Maharashtra government order that attempted to dilute RTE provisions, particularly the mandate for private schools to reserve seats for economically weaker sections (EWS). This ruling highlights ongoing challenges in implementing RTE nationwide.

UNDERMINING THE RIGHT TO EDUCATION - UPSCSource: ToI

Context : Ongoing Reluctance to Fully Embrace  RTE

  • Resistance to Change: Despite the Right to Education (RTE) being passed over a decade ago, full implementation remains elusive, with state governments often undermining its provisions.
  • Initial Promise: The RTE was historic, offering hope for universal elementary education and bridging socio-economic gaps by mandating that private schools reserve seats for children from economically weaker sections (EWS).
  • Maharashtra’s Bypass Attempt: The Maharashtra government tried to bypass this provision, allowing private schools to avoid reserving seats if a government school was within a kilometer, but the Bombay High Court struck down this order.
  • Financial Arguments: The state’s rationale centered on avoiding duplication of expenditure, arguing that funds used to reimburse private schools for EWS seats could be better spent on government schools.
  • Questioning the Right: Maharashtra’s view of the RTE as a reflects a broader reluctance among states to fully commit to the law, revealing challenges ahead for ensuring educational equity.
What is Right to Education?

  • The Right to Education Act (RTE), enacted in 2009, guarantees free and compulsory education to children aged 6 to 14 years, making it a fundamental right under Article 21-A of the Indian Constitution.
  • The Right to Education is crucial for ensuring that every child has access to quality elementary education, serving as a foundation for a just and equitable society.

Constitutional Background

  • Initially, Articles 45 and 39(f) in Part IV (DPSP) advocated for state-funded, equitable education.
  • The 1990 Ramamurti Committee first officially documented the Right to Education.
  • In 1993, the Supreme Court’s ruling in the Unnikrishnan JP vs State of Andhra Pradesh case recognized education as a fundamental right under Article 21.
  • The 1999 Tapas Majumdar Committee led to the insertion of Article 21A.
  • The 86th Amendment (2002) made education a fundamental right for children aged 6-14, leading to the enactment of the RTE Act in 2009.

Features of the Right to Education (RTE) Act, 2009

  • Universal Coverage: Ensures free and compulsory education for children aged 6-14.
  • 25% Reservation: Mandates reservations for disadvantaged groups including SCs, STs, socially backward classes, and differently-abled children.
  • Inclusive Enrolment: Allows non-admitted children to be enrolled in age-appropriate classes.
  • Shared Responsibility: Financial and operational responsibilities are shared between Central and State Governments.
  • Norms and Standards: Establishes guidelines for pupil-teacher ratios, infrastructure, school days, and teacher working hours.
  • No Detention Policy: Initially included a “No Detention Policy,” which was later removed in 2019.

What is the Bombay High Court Verdict?

The Bombay High Court ruled against the Maharashtra government’s order that allowed private unaided schools to bypass the Right to Education (RTE) Act’s requirement of reserving 25% of seats for economically weaker sections if a government school was within a one-kilometer radius.

The court upheld the sanctity of the RTE, emphasizing that state governments cannot circumvent its provisions, ensuring that the educational rights of underprivileged children are protected.

Impact of the Bombay High Court Verdict

  • Clearing Ambiguity: The Bombay High Court’s decision reinforced the RTE’s provisions, potentially setting a precedent for other states like Karnataka and Punjab, where similar bypasses have been attempted.
  • State Complicity: In states like Punjab, restrictions on EWS admissions have enabled private schools to exclude poorer students with state support, undermining the RTE’s intent.
  • Bizarre Conditions: Punjab’s rule that EWS seats can only be claimed if there is no government school within a kilometer highlights the convoluted methods used to sidestep RTE obligations.
  • Future Challenges: The court’s verdict may lead to more legal challenges against state practices that contradict the RTE, but the journey towards true educational equity remains fraught with obstacles.
  • Reclaiming RTE’s Vision: The Bombay High Court’s ruling offers a chance to reclaim the RTE’s original vision of inclusive, equitable education, though sustained effort and commitment are required.

Challenges in RTE Implementation

  • Pedagogical Vision: The RTE aimed to create inclusive classrooms that mixed children from different socio-economic backgrounds, promoting a richer educational environment.
  • Private School Resistance: Many private schools resisted the EWS reservation, viewing it as an intrusion. Some sought to segregate EWS children or hold separate classes, which the RTE strictly prohibited.
  • Social Hierarchy: The RTE’s attempt to break down social stratification by integrating students from diverse backgrounds faced opposition rooted in entrenched beliefs about social hierarchy.
  • Enrichment Potential: Modern pedagogy suggests that diverse classrooms enhance learning, but few private schools embraced this potential, focusing instead on perceived challenges.
  • Teacher Training Failures: A major shortfall in RTE implementation has been inadequate teacher training, despite clear guidelines from the J S Verma Commission to improve the system.

The Social Impact of RTE

  • Historic Legislation: The RTE was meant to be a transformative law, promoting social integration and offering equal educational opportunities to all children, regardless of socio-economic background.
  • Entrenched Resistance: Despite its promise, the RTE has faced significant resistance from private schools and state governments, who often prioritize financial and logistical concerns over educational equity.
  • EWS Reservation: The mandate for private schools to reserve seats for EWS students was a bold step towards social integration, but its implementation has been fraught with challenges and opposition.
  • Long-Term Bridges: The RTE’s goal of building long-term bridges between different social strata through education remains unfulfilled, with ongoing efforts needed to overcome deeply ingrained social hierarchies.
  • Pedagogical Richness: The RTE’s vision of an enriched, inclusive educational experience for all children is still a work in progress, hindered by systemic issues and resistance from key stakeholders.

The Path Forward for RTE

  • Restoring Focus: To realize the RTE’s potential, there must be renewed focus on its implementation, including addressing the gaps in teacher training and state commitment.
  • Legal Reinforcement: Continued legal challenges may be necessary to enforce the RTE’s provisions and ensure that state governments adhere to the law’s intent.
  • Inclusive Education: Achieving the RTE’s vision requires a concerted effort to promote inclusive education, where children from all backgrounds learn together in a supportive environment.
  • Overcoming Hierarchies: The RTE’s success depends on overcoming societal resistance to social integration in schools, ensuring that all children receive equal opportunities.
  • Sustained Commitment: Long-term commitment from both the government and civil society is crucial to fulfilling the RTE’s promise and ensuring that every child’s right to education is upheld.

Conclusion

The Bombay High Court’s verdict reaffirms the sanctity of the Right to Education, emphasizing the need for strict adherence to its provisions. For India to achieve true educational equity, sustained legal and policy efforts are required to overcome resistance from states and private schools, ensuring that every child’s right to quality education is upheld.

Source:India Express

Mains Practice Question

Critically analyze the challenges in implementing the Right to Education Act (RTE) in India. How can state governments and private schools be made more accountable in fulfilling the law’s mandate?”

Associated:

https://universalinstitutions.com/right-to-education/