Now that the Supreme Court has upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009, the Centre and the States must do their utmost to provide eight years of good quality schooling to all children. The unsuccessful challenge to the Act, which went into effect on April 1, 2010, came from unaided private school managements who are required to set apart 25 per cent seats for poor children. Private schools that favoured a market-based approach to universalisation — relying on government education vouchers for the poor and filtered entry — failed to make convincing arguments. They are all within the ambit of the law, except for unaided private minority institutions. Rather than view this as a loss of prestige, they must sagaciously open their doors to students of all social strata, and help those from the weaker sections integrate with the others. The letter of the law is a far-going reform measure and has the potential to create a generation of Indians who are equipped to participate in nation building. But it will take relentless efforts to turn the legislation enacted in furtherance of Article 21A — which enjoins the State to provide free and compulsory education to all children aged six to fourteen — into a revolutionary instrument. The immediate challenges lie in the area of recruitment, to meet the estimated shortfall of one million teachers, and toning up teacher training as per the pedagogic requirements of the National Curriculum Framework, 2005.
With continued economic growth, it should not be difficult to allocate the Rs. 4.50 lakh crore that the Planning Commission thinks is needed for the implementation of the RTE Act over the next five years. The task will primarily be led by the States, but only a few, notably in the South, have the capacity to take on the challenge. The others must use the opportunity that presents itself to improve facilities and raise standards. Government and municipal schools have a long history of neglect and lack of investment in infrastructure, while affluent private schools use the most modern educational tools and teaching methods. It is worth pointing out here that the RTE rules have provisions to help bridge this asymmetry, in the form of perspective plans to be drawn up by individual schools. Moreover, the Act enables monitoring of the manner in which the law is being implemented, through the National Commission for the Protection of Child Rights. The NCPCR and State Commissions for Protection of Child Rights can, of course, only perform their task if they have sufficient resources. The Supreme Court order makes it possible to speed up these vital reforms.
Keywords: Right to Education, RTE Act, Article 21(A), compulsory education, unaided schools, inclusive education
looks very unrealistic about reserving 25% seats for the poor in unaided
schools..! if they are reserving 25% seats the govt has to provide
additional facilities, (say books, notebooks, shoes, ) which they wont
do anyway. and Planning Commission of India seems to contradict its own
theory here..!
With 32 rs per day how can you send your children to private unaided
schools?? Really a point to think upon..!!
Other major concern is that, whether the poor children will be given same treatment what the others (rich) ones get. At this age if they face physical or mental torture due to discrimination then it will have a negative impact on their minds which may endanger their future. How far will NCPCR be able to keep watch on every school.
This point should taken into consideration before mandating the rule to private schools.
A great initiative from the government. Easier said than done, though. It would be interesting to see how the 'non-poor' kids' parents will cater to the increased demand in terms of tuition fee to compensate for this change. As the private schools have already declared in a statement that it would be inevitable for them to not hike the tuition fee, post this effect.
the verdict of supreme court is commendable. now it responsibility to central and state government to follow it strictly.
Free-I hate this word. Nothing is free-somebody has to pay for it. That is the tax payers money and the corrupted political system will not reach the right people. More paperwork for school and more bribes. Like free electricity-how many of them used it for agriculture purpose only? Who is poor-a person earning below Rs.35 a day? If they would have provided a plan to make the private schools to partly help the govt schools and improving the govt schools will be a more practical considering the current govt and public who has the tendency to bribe each other and lower their standards to reach goals.
The Public Private Partnership model was conceptualized and implemented for many loss making industries of the Government and the concept has borne fruit which we can see now.It is not a partnership here but involvement, the private institutions have also been roped in by the RTE Act to allot 25% reservations to students who come from economically disadvantaged sections( According to a 2005 World Bank estimate, 41.6% of the total Indian population falls below the international poverty line & according to 2010 data from the UNDP,an estimated 37.2% of Indians live below the country's national poverty line). Along with roping in the private institutions and existing machinery of the Government should also be brought to the standards of its private counterpart academically.The RTE Act will help improving the literacy rate of BPL(41.6%/37.2% of our population)and will ultimately percolate in the reduction of poverty level with increase in literacy rate of the country.
With the implementation of RTE, we have the education for all and now with the latest SC verdict 'poor' (backwards) too have access to quality education (supposedly private institutes provide 'quality' education), can we please NOW abolish the reservation in degree colleges? Are they still at disadvantage while competing for IITs/NITs seats? OR at least, lets have, no reservation in PhD, MPhil, MTech, MD courses?(this is after 15-16 years of studying in same environment; this should be enough to off-set any disadvantage 'reserved' student had at the age of 5 years). If still NO, How about abolishing 'reservation' in jobs? For instance, the job of Asst. Professor.. it's after 22-25 years of continuing special privileges to 'backwards'; do they still need reservation in jobs? I suppose they DO, because they are 'backward'. Centuries will go but they will be backward and why not 'backwardness' pays them handsomely at the expense of 'non-backwards'!!
Education is a basic necessity of a successful democracy. So, the onus squarely lies with the government. Instead the government has shifted its responsibility by appropriating the future wealth of private institute. The government can do one thing it can instruct banks to pay for the education of all the student. Once they start earning the student will have to pay back the total loan. Only the default risk should be shared equally by the government, banks and educational institutions. Thus everyone is in for a taking.
I only think of the great leader Kamaraj. It is he who thought unless
the downtrodden is provided with at least one time food, education
cannot reach their children. Accordingly he introduced the noon meal
scheme. Gone are the days when such leaders existed to serve the
society. But to day the society itself is highly corrupt and selfish
and money minded. Every one wants to make fast buck at any cost and in
the process Education has become a business. The government whether it
is State or Central doesn't have the heart to touch this problem of
making Education cheaper and affordable. There is always somebody to
cry over this issue but it all fell on deaf early only. The
Governments proudly arrive at the data of literacy on the following
basis . Any one who is able to scribble his name ny way of drawing is
a literate.
It is a good decision from the Apex Court but why to restrict to the tune of 25%of the poor to be entitled Why not open this for middle class also.It has been always the rich and the poor but where lies the definition of the poor our Government does not have a correct data.On the other side the Government has indicated its eagerness to go for Right To Education.Where are we looking at at the current infrastructure or updating this with infrastructural changes,updating on new recruitment of teachers or just trying to shift the buck towards private or the previlage class once.Another important aspect is why to provide 25% quota upto VIII Class only why not up to XII class. KPSaxena,Jaipur
winner: elite, politicians & to some extent poor loser: middle class whose kids will be prime for schooling in next 10 years (assuming after that we will have lot of schools) This is an indirect taxation on middle class. If you are skilled, runaway from this country.
Instead of forcing the private schools to enroll the poor children,the
government should improve the working conditions in centre and state
schools.If teachers of government schools are not engaged in election
duties,census duties and clerical works etc. they will also do wonders.
The school in which I studied(one of the oldest in India) had a policy of taking in students from all backgrounds. There was never a moment when anybody was allowed to feel lesser because they were from financially poor families. School dress was simple, no expensive gadgets were allowed in the campus. The entire credit goes to the school management and the teachers who genuinely inculcated human values in the students directly and subtly in everyday lives. When the school managements and teachers open their hearts to everyone, inclusive education is absolutely possible.
Even though there is no doubt that educational institutions should have students from all background, these RTE act is going to be misused. Now all the non minority unaided private school will become minority schools in few years with the benamis. In a country with so much of corruption it will fill the coffers of th egovt. officials who are supposed to oversee these activities. In India already there are only very few private schools are run by non minority people which is also going to change now.I would expect instead of that admissions in all schools made purely based on the distance from the school and govt. paying the fees to the school.
It is shocking to see readers cheer for Govt brazenness. Politicians & bureaucrats are going to become even more powerful as they are now blessed by the SC. Considering what a horrible track record they have had in ruining this country since 1947, how can fellow readers even think of empowering these twin towers of nepotism, corruption & bullying?! This RTE is an abject failure of Govt. to respect the freedoms and choices of we, the people. The fact that this legislation sailed through our Executive, Legislative & Judicial branches without much of a fuss goes to show how much the rich & powerful elite love to hog more & more power. Today they have carved a power-niche for themselves in education. Tomorrow it could be in any other aspect of our lives including our homes, our investments, our lifestyle choices, etc. The govt. has crossed a 'Lakshman Rekha' that is reminiscent of Mao's Cultural Revolution. All this in the name of helping the poor. Be careful what you wish for, folks.
I feel very happy that the government has thought about the poor. But what about the middle class, I am sure that the private schools will charge more fee from them.
This just gives private schools the licence to increase fees for the remaining 75% students, all of who are definitely not 'elite' and whose middle-class parents have to break their backs to afford the highly unreasonable school fee structure, which is likely to increase further now that the SC verdict has come in. If the Government is insistent on burdening the middle classes further, by having to fulfill its obligations of providing universal quality education, it is high time the levy of education cess be stopped, which serves no one but the corrupt political class.
There may be legitimate concerns raised in comment box. However, People need to understand that SC has just given a verdict of Law made by Government of India and all those concerned with regards to discrimination of poor children in school should be address by GoI. SC is not making policy it just confirming what policy says. Please understand and maintain regard to SC of India, a trust worthy institution of Indian democracy.
As pointed out by many,it would be prudent for government to improve the conditions of our present government schools instead of compelling private institutions to admit 25% from BPL or underprivileged. Otherwise it may lead to a serious consequences. Many points worth considering before the act comes into implementation. As the fees provided by some of the private institutions are exorbitantly high to keep the infrastructure and quality of education intact, many middle class parents will produce tampered certificates showing their low economic status, based on which the benefits of act are extended. This may result in actual benefits not reaching the destined.Also almost all parents will try to seek admission in private institution either by hook or by crook, because everybody is concerned about the future of their children and thus neglecting the government schools. So government should instead focus on improving the conditions of the government schools and monitor the same.
I am not sure if just reserving the seats or providing free education in all Schools will lead to proper education among the economically backward. And in most of the private schools other than the tuition fees the parents have to shell out a lot of money for the specific books, stationary, transport, cultural activities and other school functions. These kind of issues will automatically create a divide among the students and the poor students will feel left out. I personally feel that there is a requirement to see that these students are seamlessly integrated into the school system and the schools also need to be passionate about giving back to the society. Only then can we say that in true spirit we can implement RTE.
And the other issue will be that the schools will try to pass on the additional expenditure to the remaining students as I am not sure to what extent the government (state or central) will bear.
The apex court deserveS congratulations. The mandarins in the Planning Commission should not reckon the sum of Rs. 4.5 lakh crore a burden or a liability and should be magnanimous to allocate it. For it helps not to render a nation into a haven of unlettered vandals, rougues and misfits. If primary education has to be universal, given the economic condition our rural poor, channelling of funds is a sine qua non.
I see the photo of young children wearing nice school uniforms walking bare foot! The money
spent over four lake crore for these children's education could not provide them a pair of
slippers? The culture of expecting people even young children to walk bear foot must
change. Higher priority must be given to footwear to all.
The Supreme Court uphold on RTE "Right to Education" is welcomed by every Indian. Now it is the duty of Indian govt. to implement the law strictly, otherwise it would die under the mammoth of corruption, just like other reformation acts.
Thanks for the excellent photograph of those four village girls! They have traversed this far, but, yet to go miles & miles before they reach.
This is a great step. Hope it will slowly but surely contribute for a better socialist India.
Kudos to the Supreme Court for having upheld the RTE Act. Schools should be diverse, should have kids from diverse cultural, social economic background. Govt should encourage private schools with diverse composition with monetary help. Kids should grow sensitised of the existance of a diverse society. Govt should take steps to prevent any form of segregation, illtreatment of the poor kids so that the goal of RTE is met. Groups such as Youth For Equality etc. are the product of homogenous composition of schools who are alien to the society we live in. Diversity will bring in a just and egalitarian India as promised by the constitution of India.
It's a welcome verdict. I am certain it would bring the difference
required in our country. There are some risks/impacts of RTE on our
society which might be occurring to many minds, but they are just
illusions. Few could be certainly negative in nature, but should not
be highlighted in the light of positive changes going to occur by RTE.
Psychological impact: This could be at both end, Elite and Non Elite
children minds.
No, as far as poor children are concerned, they have been felt the
negligence from the society always. In school as well, they will see
the same, where elite children would live with them. I think children
from neglected category are strong at Psychological end. At school
they will face it daily and with education they will learn to fight
the discrimination well in their minds as well as at society.
For Elite group of children, it would be better to grow with non elite
group of children of their own country. They will learn about the
inequality need to end it.
Will the poor quota students get respect in schools featuring the
economically better ones? Why are we missing the emotional part of the
story? Better let them be in schools build especially for them than let
them build inferiority complex in their minds!
The governments will have to ensure that the poor children don't feel
discriminated as minority people do in most of the educational institutions.
In addition to the implementation of RTE the govt also needs to inculcate the
feeling of support in the students as well as the teachers of those private
schools. like the students can be encouraged to donate, rather, i'd say gift,
their old uniforms, shoes and books to the poor kids who can't afford them.
If the poor kids gets an amicable environment in private schools, they will
blossom into national assets and in-future will help in bringing changes to
the life of many poor kids like them.
Clear case of government shirking its responsibility. Enact a populist law...the middle class continues to suffer. This will only lead to more corruption than any meaningful development of the so called weaker communities. One big vicious circle and every legislation only strengthening it.
In this Policy decision & Supreme Court verdict, it is assumed that there will be no improvement in government run schools. Salaries of Government school teachers are more than private school teachers, but still students of government schools are lagging behind, main issue is lack of sense of belonging in government employees, they think they are not accountable to anybody. This is a social issue which needs to be tackled by bringing awakening. 80% of taxpayer’s money is spent for paying salaries of staff. So government employees are accountable to taxpayers.
Belated though, the RTE act must be welcomed for it more or less reflects the wisdom of the founders of our constitution as enshrined in the article 45 of our constitution. However, it’s a moot point whether the act will be successfully implemented given a plethora of problems our governments are confronted with. Firstly, are our governments sufficiently equipped to ensure enrollment of thousands of children in the age group six to fourteen that remain out of school, mainly due to poverty and illiteracy? Secondly, do they have the wherewithal and will power to give ‘real’ education to these children in view of the prevailing low standards of education and lack of basic infrastructure in the government schools? Finally, how do our governments deal with the fear of marginalization that may arise due to allocation of 25% seats in all private schools? Our governments must evolve a proper mechanism consulting all groups active in education to address above mentioned and many other issues.
This landmark verdict by Supreme Court may allow the Central Government to bask in the glory,but it certainly,does throw in some important questions.Firstly,the loopholes in the verdict can be exploited by the Private Schools i.e. by declaring themselves as an unaided minority institutuion,the schools can very well get away from their responsibilities of "Nation-Building".So,how can we avoid this from happening? Also,the verdict clearly pictures the Private Schools in a bright light,and also at the same time,throws some light on the incompetence and dismal state of Government Schools in providing quality education.This may lead to an inclusive growth,but it will have to be done at the cost of other 75% students.Why can't the Government put a check on corruption and scams,and in turn divert all the money,thus saved,into improving the infrastructure,teacher-training and other aspects of Government and Corporations run Schools?
Since most readers' comments have focused on being "inclusive", here's a suggestion...why not have a Right to RTM (Roti, Kapda, Makan) Act? Under this Act, every person above a certain income bracket will pay 25% of their income to feed, clothe & house the poor. Also, 25% of all services in private medical enterprises will be free for the poor. All this will be over & above all taxes paid. In this way, fellow readers, "quality of life" of the "poor" will dramatically improve, the "rich" will be forced to do their "duty" of aiding the "poor" & the country will benefit for generations. Also, why not have reservations for Dalits & OBCs in this 25% RTE quota? After all, it is the "poor, backward, classes" who suffer the most, right?! Indian polity continues to ail due to this divide & rule mentality (heck, our country got divided in 1947 because of it). Judging by fellow readers cheering such an Act, one does not expect us to get out of this mentality in the near future.
Undoubtedly the supreme court's verdict is commendable. But the major responsibility of providing free education to the downtrodden is with the governments. How long will the governments will escape from this major responsibility. I hope the govenrments will act accordingly.
Enacting a law does not makes much difference on the ground.We should
concentrate on providing a quality and uniform education to all
irrespective of their caste creed religious and economical background.
unless the respective teachers mindstate and the infrastructure of
schools is improved no law will work actually!
What a silly law. The govt cleverly passes the buck by asking private citizens to do what it is supposed to do. Now all schools will try to become a minority unaided institution. I think the coming years will be spent arguing over who is a minority.
While they are at it, the supreme court should pass judgements abolishing caste, eradicating poverty and getting India a permanent seat on the UN security council.
The total real estate valuation of most of the so called "minority" unaided schools put together is staggering- they occupy prime real estate in all metros. If they mortgage it for the sake of the country for a long term I am sure the very same "minority" religion based FIIs can lend them enough to take care of the education of the poor in India.
Instead of asking unaided schools to partly pay for the free seats , Government could have entered into PPP. I am sure many corporations would gladly improve the Govt schools as part of CSR in return for some tax benefits. This implementation of RTE will turn out to be unproductive and I am actually intrigued how SC is also approving.
Shocking judgement! The problem is one of supply. What justice is served by depriving 25% of fee-paying students? Politicians have cornered plots meant for school, refuse to do anything meaningful for RTE except tweaking the law! Tomorrow Rashtrapathi Bhavan and Minister's bungalows, MP/MLA's bungalows can be occupied by 25% common citizens? Or only they will be excluded? This is 'jealousy tax' on excellemnce. This covers up govt non-performance and corruption.Most tax revenues are spent on salary of a massively over-employed govt employees who are hardly productive but are a nuisance and bottle-neck for delivering services like education and health care. The system is so bad that in a many states govt is the biggest obstacle. In the absence of a decent functioning govt self- help by social groups can not work. Pvt schools are but result of govt's failure. This absurdity can be extended to all services.
Why unaided private minority schools have been left.Are they not supposed to be the partner in nation building,do they don't have responsibility.Still it's a revolutionary act which will create a inclusive society not a exclusive for which elite private schools are lobbying.But the larger focus must be on improving the quality in govt schools which forms majority.
Now that private institutions are bound by SC's decisions to take care of 25% the onus of rest 75% lies with government. May SC's endorsement to RTE not push government's school into outright neglect zone from pathetically taken care of cordon. Government must ensure the quality enhancement of it's own schools. The one answer could be opening up of a good number of institutions like Jawahar Navodaya Vidyalaya. Being a recent pass out of this government institution I can tell one thing. The quality of teaching and infrastructure there can match any private institutions. It's not an incident that JNVs have been able to surpass all the private institutions in class tenth results for last many years. The education here was provided for free till 2003-04. Now they charge Rs. 200 per month. I just wanted to make a point that quality of learning and teaching is independent of GOvt. or private institutions it's infrastructure that counts. Private schools can do it so can Govt. school.
I am expecting a big storm of mails from your readers against this ruling, with 1000's of arguments to challenge. That will expose the state of paranoia in the elite mind set that all are NOT one society. Caste never dies. It will stay. It will be safeguarded by the elites, non-elites are learning fast, they will play the same caste game against the elites in the name of reservations. Both Elites and Non-elites will be unison in keeping the caste, either in temples and or in reservations. God blessed us with the caste (really??), so it will be there. For ever. So will be the reservations.
''65 yrs ago most of my family members(12 children in total) studied in corporation schools in Nungambakkam,chennai.Though we belonged to upper castes,we could not afford costlier schools of those days. But due to very good teachers we came out of the school as well as colleges very successfully with many of us obtaining very high qualifications.This kind of teaching is lacking in the government and corporation running schools and colleges.RTE implementation would not going to help in anyway the poor students to reach high levels in education from these schools.The government should address these problems along with rejoicing over SC judgment.
What is "sagacious" of allowing the govt. to tell you how to run your affairs? If the govt. wants to provide quality education to poor children, why don't they focus on improving abysmal standards in govt schools? Also, it is laughable to see the implicit message that a pvt school education guarantees quality education. That need not be the case at all. Doesn't that make RTE moot because even if you force a poor child to go to a pvt school but what if it's quality is low? Govt. in its sundry tiers has shown how proficient it is at mismanagement. Now that they will be involved in monitoring how pvt schools manage their own affairs a la George Orwell, wouldn't the interference of govt bullies bring down the quality of education imparted? Considering the no. of poor people in India vs. the limited no. of pvt. schools available, how are you going to guarantee access of all kids to such schools? Why is The Hindu praising this entitlement mentality that will be fostered in our poor?
this should have been done 20 years ago.
The RTE Act will succeed only when people below BPL line realize that education is key to their children. For this they need to be educated about the benefits of education and being literate. Your observation "Government and municipal schools have a long history of neglect and lack of investment in infrastructure, while affluent private schools use the most modern educational tools and teaching methods" sums it all.The profit oriented Private schools will find it tough and do anything to derive income from these 25% quota poor children through not fees but other means to fleece.It is here the State Govt.s must ensure and implement the RTE Act by allotting Funds for this noble cause.Implementation is more important than passing the ACT. Hope this Act will act on the Private Schools.
Poor Children must get Free and Compulsory Education
Right to Education is a ambitious act and its enactment in the true spirit will surely have a good impact on creating a inclusive growth and development. It is a matter of shape that some private educational institutional are more of a economic enterprise and they admit those who can afford high but the poor feel social exclusion in this whole process of commercialization. The poor have equal right to quality education. The private institutions should take the Supreme Court order seriously and they should devise selection suitable criteria for selection of bright students from the underprivileged communities. One suggested criteria can be free admission of wards of the staffs of the institutions who come from those underprivileged communities and areas. Other criteria can be the nearness of the candidate for admission so that other overhead cost of education like travelling is reduced. Talent search can be conducted to select meritorious students among the poor students of nearby area.
A well balanced editorial on land mark Supreme Court verdict.
The judgement is historical in that it opens the door to the lesser privilaged to get admitted in the public/minority owned elitist schools.While implementing the scheme it is to be ensured that the children so admitted do not feel marginalised by the costudents and teachers as they will not be able to afford many of the demands of the schools.If it happens it will adversly affect the psyche of the chidren from the less privilaged class resulting in more damage than good.
The concept of "right to education" is OK but it can be given to
children by the Government doing whatever needs to be done to improve
the infrastructure in corporation and Government schools offering
'free education'. The route is not making private schools to necessarily take a certain percentage of children from under-privileged sections of society. This so-called "right to education act" is not exactly what the title proclaims but yet another enforcing yet another 'reservation'. If the idea is to encourage bright children from poorer sections to go to private schools because these institutions are thought to be run well, my simple question is: how are you going to ensure that it's these bright children that come to the private schools and not those who might not be able to gain from the experience because of environment at home? The concept of bettering educational opportunities for poor children is good but what needs to be ensured is proper use of funds to improve Govt schools.
The supreme court verdict is historic in every sense. This helps the economic growth of India considerably and satisfies the concepts laid down by DR Amarthya Sen, the Nobel Laureate and a developmental economist of repute. The education departments of the centre and the states will have to enforce the law strictly, and if that is done, the dividends Will follow. C.P.Chandra Das, Former Vg Professor, IIT(MADRAS) now from USA.
Wait a minute! In private schools, students have 3-4 uniforms, shoes, books, stationary.. Who is going to provide all these to 25% poor students? Of course their parents cannot afford it. So, private schools going to give them all this kit? Or will we see discrimination to poor 25% in schools? Poor 5th std student cannot even do 2nd std maths - ASER report. How private schools are going to keep poor & rich in same class then? So, will there be separate classrooms for poor 25%? A segregation in schools?
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