ONE DAY NATIONAL
''RIGHT TO EDUCATION AND ITS INTRICACIES”
AT SHIVAJI UNIVERSITY, KOLHAPUR
ON THE TOPIC
“Right to Education: POLITICAL, SOCIAL AND ECONOMIC ASPECTS"
Mr. NIKAM SAMBHAJI M.
B.V'S NEW LAW COLLEGE ,
EDUCATION DEPARTMENT AUDITORIUM
SHIVAJI UNIVERSITY, KOLHAPUR
Date: 1st March, 2011
Mr. NIKAM SAMBHAJI M. LECTURER B.V'S NEW LAW COLLEGE , SANGLI.
Education denotes a powerful instrument towards human life. It aims to manifest our lives in perfection, and develops human mind in solving various issues falling under daily routine.
As education in its social aspect has remained on papers and the real aim, quality has been neglected. As a result of which the institutions are focusing to only monetary benefits and real purpose education is falling behind.
The present research paper focuses on the various components considering the socio-economic as well as political issues where I would like to present significance of education in the context of education as a fundamental right. Though India is emerging as one of the powerful nation among the world, the implementation of the right to education remained unfullfilleddream till date.
The object of the paper is to focus in suggesting some measures to be adopted in future which will definitely improve the quality of education and promote the higher education.
“RIGHT TO EDUCATION : POLITICAL, SOCIAL AND ECONOMIC ASPECTS"
1. RIGHT TO EDUCATION
1.1 INTRODUCTION :
More than six decades after independence, the Indian government has cleared the Right to Education Bill that makes free and compulsory education a fundamental right for all children between the age of 6 and 14.
Key provisions of the bill include, 25 % reservation in private schools for disadvantaged children from the neighbourhood, at the entry level. The government will reimburse expenditure incurred by schools, no donation or capitation fee on admission; and no interviewing the child or parents as part of the screening process.
The bill also prohibits physical punishment, expulsion or detention of a child and deployment of teachers for non-educational purpose other than census or election duty and disaster relief. Running a school without recognition will attract penal action.
Observing that it was an important promise to children, as education would become a fundamental right; India’s Finance Minister P. Chidambaram said that it would be the legally enforceable duty of the centre and the states to provide free and compulsory education.(1)
1.2 HISTORY OF RIGHT TO EDUCATION ACT:
The resolution has explained by Gopal Krishna Gokhale in the Imperial Legislative Council on 18th march 1910 for seeking provison of “ Free and Complusory Primary Education” in India. 1870: Compulsory Education on Act passed in Britain.
1882: Indian Education Commission : Indian Leaders demand provision for mass education and compulsory education Act. 1893: Maharaja of Baroda introduces Compulsory Education for boys an Amereil Taluk. 1906: Maharaja of Baroda extends compulsory Education to rest of the state. 1906: Gopal Krishna Gokhale makes a plea to Imperial Legislative Council for introduction of “Free and Complusory Primary Education” in India. 1917: Vithal bhai Patel is successful in getting the Bill passed –first law on Complusory Education passed. 1918: Every Province in British India gets compulsory Education Act. 1930: Hortog Committee Recommendation for better quality hinders spread and development of primary education. But due to lack of resources and enforcement many of these initiatives were not seriously implemented.(1)
1.3 : CONSTITUTIONAL PROVISION OF RIGHT TO EDUCATION
In the constitution, the Right to Education ensures with infrastructure and teacher norms for an effective learning environment. Two trained teachers will be provided for every sixty students at the primary level.
Teacher are required to attend school regularly and punctually, complete curriculum instruction and assess learning abilities with hold regular parent-teacher meetings.
The Constitution (Eighty-Six Amendment ) Act 2002:
This act enacted by Parliament in India as follows.
1.(1)This Act may be called the Constitution (Eighty-sixth Amendment) Act 2002.
Insertion of New Article 21 A:
After article 21 of the constitution, the following article shall have inserted. “ 21A 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 (RTE).
3. Substitution of New Article:
For Article 45 of the constitution, the following article shall be substituted namely.
“ 45 the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’
4. Amendment of Article 51 A:
In article 51A of the constitution; after clause (1), the following clause shall be added namely, “ (k) who is a parent or guardian to provide opportunities for education to his child or , as the case may be, ward between the age of six and fourteen years”
• Right of Children to free and compulsory education act 2009 notified on 27th Aug 2009. • Act will be in force from 1st of April 2010.
4. SIGNIFICANCE OF RTE IN INDIA:
The passing of the Right of children to free and Compulsory Education( RTE) Act 2009 marks a historic moment for the children of India. For the first time in india’s history, children will be guaranteed their right to quality elementary education by the state with the help of families and communities. Few countries in the world have such a national provision to ensure child-centered, child –friendly education to help all children develop to their fullest potential. There were an estimated eight million, six nto 14 year olds in India out of school in 2009.
The RTE also mandates the inclusion of 50 percent women and parents of children from disadvantaged groups in School management Committees ( SMCs) the SMC shall form School Development Plans and monitor the utilization of government grants and the whole school environment. Such community participation will be essential to ensuring separate toilet facilities for girls and boys and adequate attention on health, water, sanitation and hygiene issues.
Mahatma Gandhi to give a stirring call for universal education in 1937. his view for adequate finances for universal education was to utilize revenues from liquor sales. He expressed liquor revenue to fall back us in order to give our children education. He proposed self funded educatin which called by them ‘Education Puzzle’ and later it has called ‘nai talim’.(1)
Besides, the Education for all movement is a global commitment to provide quality basic education for all children, youth and adults. The movement was launched at the World Conference on Education for All in 1990.
Ten years later, many countries are far from this stated goal. Representatives from various countries met again in Dakar,Senegal and affirmed their commitment to achieving Education for All by the year 2015.
2. RIGHT TO EDUCATION: POLITICAL, SOCIAL AND ECONOMIC
India is second largest growing country in world. In this situation it is essential to adopt political and socio economic changes for providing quality, higher education through Right to education.
2.1 POLITICAL ASPECT:
Recent research by UNESCO has identified five requirements for quality education those are- equity, relevance, pertinence,effectivenessand efficiency. A) Equity: Equity goes beyond equality which seeks to provide individuals with means according to their particular needs, ensuring that the same educational opportunities are available to all. Thus, equity consist of,
a) Equity of access : means that schools should be available and accessible to all under the same facilities b) Equity of learning: means that is the available resources in educational process and the quality of such process. c) Equity of results: This requires the freedomof access to and ownership of knowledge. Thus, this equity is essential for acquiring a balance between common interest and personal, social and cultural diversity.
B) Relevance: Relavance involves contents and purposes of education with human development of respect of fundamental rights and freedoms. The four pillers of education mentioned in the report of the international commission on education for the twenty-first century, published in 1997; these are , learning to know, learning to do, learning to live together, and learning to be. C) Pertinence: these involves the need for education to be significant for each and every individual, regardless of family or geographic origin, interests and personal capabilities in order to ensure that all human beings fully participate in socity as autonomous and freely.In short putting students at the centre of the educational process. Thus education must open and flexible. D) Effectiveness and efficiency: They are closely associated with funding. They bear directly upon the results of education. The studies have shown the impact of improved academic results on lifelong income. They have also demonstrated the relationship between a countries human capital and its economi development.
2.2 SOCIAL ASPECTS OF EDUCATION
The concept of human capital, in a broad sense, has been applied and quantified by Ginenez( 2005).this auther draws a distinction between innate and acquired human capital.
THE CONCEPT OF HUMAN CAPITAL: INNATE AND ACQUIRED
According Gimenez, innate human capital is that which “…. includes physical and intellectual aptitudes which may be modified by nutritional and health conditions”, Whereas acquired human capital” … is developed through life, through formal and informal education, as well as experience”. Health plays a key role in determining innate capital, whereas the determining factors of acquired capital are job training the values of socities. As noted above few studies have directly analyzed the returns of initial literacy. More attention has been to its impact on self esteem, reativity, health,political participation and social integration.(2)
3. ECONOMIC ASPECTS OF RTE: HUMAN CAPITAL THEORY AND EDUCATION:
Over the last few decades, knowledge has become the key ingredient of the new production paradigm, and it become an essential factor in production system and the economic behavior of individuals. Human capital theory is premised on the notion that education is an investment which produces income in the future.the education provides the technical knowledge necessary to increase individual productivity. This in turn, leads to higher employment income.according to the theory, an individuals decision to invest in education is similar to the decision to invest in physical capital. The education as an investment which not only has a positive impact on individuals ( in terms of income), but also on society as a whole, increasing employment, economic growth and social equity. Innovation and technological development have raised the market value of skilled workers who are better equipped to handle new technologies. Studies also suggest that quality of learning is more important tha any other factor. Basic skills such as ability to read and to comprehend everyday events, have a greater impact on individual earnings than do years of education. The direct relationship between school characteristics, educational inputs and personal income has been less studied in developing countries, mainly due to lack of data.As noted above, few studies have analyzed the returns of initial literacy (learning to read and write)More attention has been paid to its impact on self-esteem,creativity, health, political participation and social integration.(2)
EDUCATION AS A DETERMINANT OF ECONOMIC GROWTH:
The education improves the human capital of the workforce, as well as its productivity, which leads to economic growth.A country’s output depends on its human capital, which is determined endogenously, and “knowledge” is a public good which spreads over the economy as an externality.Most studies on the effect of education on economic growth employ regression estimates which express per capita GDP as a function of schooling ( measured in terms of years of schooling or the enrolment rate), as wellas other economic growth variables.(2)
3 MEANING OF EDUCATION
Swami Vivekananda defines education as “the manifestation of the perfection already in man.” The aim of education is to manifest in our lives the perfection, which is the very nature of our inner self. This perfection is the realization of the infinite power which resides in everything and every-where existence, consciousness and bliss (Satchidanande).
4 ROLE OF GOVERNMENT IN EDUCATION SYSTEM
The National Policy of education (NPE) which has revised in 1992, had indicated follows three thrust areas in elementary education. 1. Universal access enrolment
2. Universal retention of children up to 14 years of age.
3. A substantial improvement in the quality of education to enable all children to achieve essential levels of learning.
4. Besides, the NPE has been addressed following programmers in 11th five year plan in respect of elementary education,
1. The Sarva Shiksha Abhiyan
2. The Mid- Day Meal Scheme.
3. Teacher Education Schemes.
4.1 SECONDARY EDUCATION:
THERE WERE 1, 01,777 HIGH SCHOOLS AND 50,272 HIGHER SECONDARY SCHOOLS/Institutions in the country as on 30 September 2004. Out of this 41.05% belong to government and local bodies, 29.35% are private schools receive government aid and 29.60 % are private unaided. There are 41 examination boards out of which only two are of all India character ri.e( Central Board of Secondary Education CBSE) and Council for the Indian School Certificate Examination (CISCE) with 8,300 (approx) and 1,500(approx) number of schools affiliated to them respectively. 4.2OPEN SCHOOL SYSTEMS:
The government has established alternative educational provisions for some prospective learners who could not take advantage of formal schooling during stipulated school hours. This provision has made up to pre-degree by the national institute of open Schooling (NIOS) and 10 State Open Schools (SOSS). Thus, the open schooling network should be expanded in every state with its regional language.
4.3Higher Education :
The 11th five year plan government has raised 10-fold outlay for higher & technical education the planners have set ambitious targets to attract 15% students passing out of class XII (from our current 10%) to higher education by 2010 & 22% by 2017. Besides in this plan, for providing higher education the government are to be set-up ,30 new central the universities seven IITs & IIMS .10 national institute technology five research institutions to be called Indian Institute & Science, Education& Research two schools of architecture & 330 college in educationally backward districts . A good dose of funds has also been set aside for upgrading agriculture management & medical institutions. On the policy front, the government of India has emphasized on measures to drastically improve the Gross Enrollment Ratio (GER) in higher education & promoting innovations in the sector. After focusing on educationally backward districts to improve higher education, the human resources development ministry is now focusing marginal districts which have gross enrollment ratio is 12.5%. The government aim is to increase GER to 15% by the end of the eleventh five year plan. For this, the Ministry Of Human Resources Development (MHRO) has given permission to corporate agencies to set up engineering & management institutes. This would help meet the higher education needs of the growing youth population % thereby increase the GER. (4) 4.4Rashtriya Madhyamik Shiksha Abhiyan:
RMSA gives an opportunity to continue secondary education; RMSA provides a framework to enable this by providing school within 5 kilometers of every habitation &also ensures that all schools satisfy the norms and standards prescribed. There is a strong emphasis on simultaneous improvement in access and quality with equity and removes disparity of gender, location, disability of socio-economic backwardness.
5. THE CONSEQUENCES OF ILLITERACY
Lord Krishna say in the Gita that it is because of ignorance that people experience all kinds of agitation & so they delusion .One can achieve one’s objective of dispelling sorrow only when one discards &destroys one’s delusion .The Gita’s messages that we should get old of ignorance .It means literacy is a powerful mstrument agamst ignorance & the people . Literacy is a way which lies perfection in life & improve the human being .On the other hand illiteracy means person is unable to read & write &which promotes ignorance with badly affecting on life. Also educated person can studied ,observe and experience those thing which could not be observed by uneducated. And education create future generation, capital formation and consequently socio-economic changes in country with avoiding bad experience of human life. The word declaration on education for all states that education begging at birth & continues throughout life .Consequently, the social effects of illiteracy are present throughout the entire life cycle. During early childhood, the effects of illiteracy can be seen within later during adulthood, illiteracy affects on individuels social posion, income &cultural capital. 5.1 Social consequences of Illiteracy
Illiterate person face greater obstacles in terms of social insertion, not only on a personal level (Social minion difficulties, high rates & disease etc).but also within the family (child nutrition, hygiene, health) & at a societal level (lower productivity, high health care costs). The social consequences of adult illiteracy can be exam me under following categories, health, education, economies & social integration &cohesion.
1) Health Effects :
The effects of illiteracy on health can be divided into the following categories: i) Consequence m the home particular in the mother child relationship
ii) Consequences in the workplace & in sexual & reproductive behavior.
a) Healt at home several studies have shown the impact of illiteracy on the health awareness of mother. Indeed literate person- particularly mothers are more likely to adopt modequate nutritional & hygiene practices in their homes. But literate women Who are participating in literacy programmers, possess better skills &follow better health practices than their illiterate counterparts. They also access preventive Health manures, such as vaccination & medical check-ups among others . ]
b) Occupational health: Illiterates suffer from a high occupational accident rate because they do not understand written maturations for the operation & machinery. Failure to use safety equipment crease not only the risk & accident, but also work related illnesses. This moreases the need for medrwd services, on the on hand, & causes job alosenteeism on the other c) Sexual and Reproductive Health: The illiteracy increases the likelihood of high-risk sexual behavior, due to lack of awareness regarding sexual and reproductive health, as well as inadequate use of contraception. The study shows that the birth rate declines only among those who have completed primary school or higher levels of education. Finally adolescent mothers are more likely to repeat grade levels or drop out of school, reproducing functional illiteracy intergeneration ally. (2)
6. ASSESSMENT OF RIGHT TO EDUCATION:
Even though education is considered as powerful instrument in human life. In improving the quality of human life, current education system is producing students who are helpless in facing real life situations such as education stress, unemployment, corruption and poverty etc. for example, A 26 year old Mr. V. Anoop MTech student of Mechanical Engineering at IIT – Madras committed suicide by hanging himself because he could not completed his project within the stipulated extension period.(3) Due to this some illiterate and uneducated people are also making mockery of highly educated people. It means today’s education system has some inherent flows.
Our universities are just producing vast armies of graduates and post graduate certificate holders. Most of these certificate holders are neither holds the capacity to given employment or produce employment. Hence this intellectual potential has been underutilized by the government, due to lack of clear policy structure. This shows the failure of implementation of ‘Right to Education’.
Besides, the Sixth Annual Status of Education Report (ASER) evaluate following observations. 1. There is much improvement in enrolment of children in schools, but no improvement in learning. 2. The entire Sarva Shiksha Abhiyan (SSA) and now the Right to Education Act, revolves around supply and inputs with no focus on learning improvement. 3. The education establishment does not have a strategic plan to improve education outcomes in a time-bound manner. 4. The Bihar government focused on improving enrolment in schools. They did everything from mobilizing volunteers to giving bicycles in addition to constructing schools and appointing regular teachers. The result is that, the state had the highest proportion of out- of-school children five years ago has lesser percentage of out-of-school girls now than national average.
Annual Status Education Report, 2010
|Year |% of out of schools |% in Govt. School Children |Enrolment in Private School | |2005 |6.6 |75.1 |16.3 | |2006 |6.6 |73.3 |18.7 | |2007 |4.2 |75.3 |19.3 | |2008 |4.3 |71.9 |22.6 | |2009 |4 |73 |21.8 | |2010 |3.5 |71.1 |24.3 |
1. The number of children not attending school in rural areas has declined over the years. 2. Majority continues to attend government schools
3. But enrolment in private schools is climbing.(5)
1. We should ensure the equity, equality, quality and universalisation in respect of free and compulsory education with equal and same resources, infrastructure and facilities. 2. The education should open and flexible for all students. It means students put at the centre of the educational process. At entry level donation and fee structure could not obstacle for entered in educational system. 3. It is need of nation that studies the innate as well as acquired human capital of the country. 4. It is essential to studies that relationship between school characteristics, educational inputs and personal income which makes proper utilization of nations resources 5. Another measure is regarding to management and leadership in the teaching profession, in recent period the schools have been managed by adopting principles of industrial management, which is not relevant to education. 6. We always remember that our aim is to make education accessible, available and acceptable to every child. We need to ensure that social values are promoter and not consumerism through RTE.
The result of this paper suggest that the impact of uneducation on quality of employment ,as well as the loss of productivity caused by its effect on labour income, is sufficiently significant to make its eradication not only a social objective but an economic priority. The challenge in the future will be to develop instruments and procedures for the analysis of other consequences of uneducation on productivity and for other aspects of quality of life as well as its intergenerational effects. Hence we have challenge to turn the problems of unemployment, poverty, and personal stress into an opportunities through the Right to Education which provides skills for the develop of personal liabilities. This act has brought great changes in the education sector. Also, several activities have being undertaken with full force in order to ensure universalisation of elementary education in India
The Social and economic impact of illiteracy: analytical model and pilot study. Martnez,Rodrigo, Fernandez,Andres 3. www.digitallearning.org.in
Article: Maharashtra Setting the Trend in Inclusive Education February 2011. By: Sheena Joseph.
4. The Economic Times –Dated 18th February 2011.
5. The Economic Times –Dated 20 the January 2011.