A closer look at the fine print of the Right to Education Act reveals major weaknesses in the landmark law
It is unfortunate that public debate on the Right to Education Act has been limited almost exclusively to the clause which requires every recognised school to admit in Class-I and “pre-school education” — to the extent of at least 25 per cent of the strength of the class — children belonging to weaker sections and disadvantaged groups and provide them free and compulsory elementary education.
This proviso, which has captured the collective imagination of educators, politicians and social activists, is perceived to be an important step towards breaking one of the many citadels of privilege in the country. For too long has good education been a service that only the well-to-do can buy. With quality education available only in select schools, it is appropriate that children from less privileged backgrounds are given exposure to such an education. One cannot accept the absurd elitist argument that children from the weaker sections would be misfits or that they would pull down overall standards.
After elementary stage
However, while there is no denying the self-evident truth that a poor child is entitled to the same opportunities as a rich one, it is worrying that the authors of the Act have not visualised or catered for the long-term consequences of this revolutionary diktat. The first big unanswered question relates to the fate of children from the weaker sections after they complete their free elementary education in the elite schools, where the tuition fee would be more than the annual income of their parents. Predictably, these children will have to leave these schools and slip back to schools of questionable standards, which is bound to be psychologically traumatic.
Second, the Act has enunciated a grand scheme whereby within three years, only recognised institutions with certain minimum infrastructure will impart school education in the country. Only schools that have the minimum teaching personnel, at least one classroom per teacher and a playground will henceforth be allowed to function (sections 18 and 19). At the present time, when land prices have shot through the roof in the cities, to conjure up a playground where there is none today is asking for the moon. The stringent stipulations will result in a large number of unrecognised schools as also aided schools being closed down.
Third, it is apparent that in the HRD Ministry’s view, unrecognised schools are an unmitigated evil. It is estimated that out of 12 lakh schools in the country today, almost a fifth are unrecognised. What the government seems to have forgotten is that these schools have been filling in for the non-existent government schools. The rush for admission to unrecognised schools is due to the fact that standards in government schools are dismal. The reality is that we have good and bad unrecognised schools. A comprehensive study of unrecognised schools in Kerala some years ago concluded that, in general, children received a good education from well-qualified teachers, the only criticism being that the teachers were not adequately paid. What the RTE Act has done is to put all unrecognised institutions, the good and the bad, under threat of closure.
Today, between 35 million to 60 million children are not in schools. If the number of schools comes down, as it certainly will, due to closure of schools that do not comply with the stringent infrastructure standards, the nation’s goal of ensuring universal literacy would suffer a massive setback. The RTE Act formulations are based on the unrealistic and absurd premise that recognised schools would not only be able to accommodate the students from schools that close down but also have room for new entrants.
Fourth, the government seems sanguine about the standards of education and infrastructure in government schools. However, the consensus among experts is that government schools are not only overcrowded but impart a very poor standard of education. A recent study of 188 government non-primary schools revealed that 59 per cent of schools had no drinking water facility and 89 per cent no toilets. And yet ironically, the government schools will be the most secure under the new dispensation envisaged in the RTE Act.
On better government schools
Fifth, an outrageous aspect of the RTE Act is that it treats the better government schools as more equal than the others and seeks to insulate them from the upheavals triggered by the Act. By all accounts, the only government schools of a reasonable standard are the Kendriya Vidyalayas and Navodaya Vidyalayas which the Act has brought under the “specified category.” Significantly, these schools are exempt from accommodating children who seek transfer from schools which have no provision for completion of elementary education. An Act that claims to strike a blow for equal educational opportunities for all children has no business to accord preferential treatment to these schools.
Sixth, the most ambiguous aspect of the RTE Act relates to teaching quality which, in fact, is the prime adverse factor affecting the spread of literacy in India. The emphasis on physical infrastructure in schools but not on teaching standards is reminiscent of the man who assiduously painted, waxed and polished the body of his car in the expectation that it would run more efficiently. A shocking aspect of our vital, life-moulding primary education is that in most of our six lakh villages, the teaching of children is in the hands of barely educated “para teachers.”
The qualification for becoming a “para teacher” or contract teacher in most States is higher secondary or even secondary pass, but in Rajasthan the qualification for the para teacher is standard eight for men and standard five for women. Significantly, the RTE Act is vague regarding this most vital aspect of education. There are general statements to the effect that the Central government “shall develop and enforce standards for training a teacher.” It has also ratified “relaxation in the minimum qualification required for appointment as a teacher” for up to five years. Clearly, the RTE Act accords little importance to teaching standards, which is the major shortcoming in our educational system.
Beyond these, the RTE Act is garnished with farcical, unworkable statements of good intent. For instance, Section 4 directs that where a child is admitted to a class appropriate to his age, he shall, in order to be on a par with others, have a right to receive special training. Section 11, which takes the cake for sheer impracticability, directs that “with a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate government may make necessary arrangement for providing free pre-school education for such children.” This country does not have the wherewithal to provide primary education to all and yet the Act envisages universal pre-school training facilities also being set up.
Corruption possible
Finally, a deeply disturbing aspect highlighted by many school managements is that the RTE Act, by giving absolute power to the Education Department and local bodies to make or mar schools, will become the ideal tool for large-scale, systemic corruption. Even when there was no specific law against unrecognised institutions, the ubiquitous school inspectors had to be “appeased” despite the school doing nothing illegal. Now with the RTE Act in force, the inspectors will have a free rein to force school authorities to do their bidding — a grim portent for the future. It is not difficult to foresee a large number of undeserving schools getting recognition and a good number of meritorious schools shutting down.
Summing up, the RTE Act in its present form will neither promote its prime objective of ensuring completion of elementary education of every child of the age six to 14 years nor meet the commitment of ensuring quality primary education. At best, it is a statement of good intent.
(The author is Secretary General of the Lok Janshakti Party. Email: akhaliq2007@gmail.com)
Some of the criticism in the article is quite simplistic and
inconsistent. If stringent regulatory requirements would lead to
closing down of unrecognized schools, wouldn't increasing the
eligibility requirements for teachers lead to shortage of teachers?
From where would the better qualified teachers for government schools
around the country come, without significantly increasing the
salaries? If, for him, the loopholes in the Act are so easy to
resolve, maybe he should have proposed a few solutions which don't
have loopholes of their own. Any solution to the problem of illiteracy
and school droup-outs will be gradual. It has to start with the
declaration of intent and making of promises. With primary education
now as a constitutional right, you at least have the right to demand
what is being promised.
The problem of corruption would arise when government tries to set any
kind of standards.So does that mean, government should desist from
setting any reasonable standards for schools?
Thanks for such an insightful article. That the Indian Government
works at spinal level is apparent in the clauses of the RTE. What is
disturbing is it also forces people and institutions,who otherwise are
doing very well, to follow its diktat and in the process subverts
whatever good is happening. The whole process of recognition based on
desired standards is a sham which invariably ends in palm-greasing and
arm-flexing. I do not see that day very distant from now when
schooling would have become a business controlled by heavy-weight
politicians. In a country where exams are taken to reject candidates
and not to search for the essential required qualities and where
interviews are an exercise in demonstration of nepotistic credentials,
genuine candidates for any job shall remain hard to find. To uplift
the teaching standards we need to create a good interviewing system to
recruit teachers, irrespective of the school, private or public, they
end up joining. That's the first step.
Very well written article by Mr Abdul, he has highlight that point
which is most important and modification is required in RTE Act. The
nodal officer of Education Department has responsibility to monitor everything's in state and Union Territory. The primary school of
teacher of central government has getting very good salary and
allowances but their education qualification is only 12 passed and two
years diploma which should be changed atleast after completing of
graduation and then B.Ed of JPT course have right to teach the primary
school and government should modified the requirement rule.
Firstly i would like to thanks author who have discussed very important aspect of RTE act future. RTE has failed to aware 60% of our population for which realy it is more necessary. It is true that situation of primary school in india is very worse. Many scools are there where single teacher is running classI-V, no infrastructure even drinking water supply. it is also true that Govt. has no plan for future of children after elementary education. No doubt govt. is not ready to do honestly the implememtation of RTE in a reality.
Well researched article. I was alarmed to know about the minimum
qualification of teachers in Rajasthan. Well, it's the truth in most of
the government schools in small cities!
Sticking to the most contentious provision i.e. 25% reservation in private schools. What will happen to the 25% children of the well to do families which could have got the admissions in these schools otherwise, now they have to get in the sub-standard schools? So much for the uplifting of the poor... Instead government should have made the process of opening schools easier, encouraged more private schools, focused on improving government schools etc...
I born and brought up very rural village and studied in government school. But I did B.Tech in MIT, Anna University in 1993. Most of my elementary school teachers very good and very dedicate to student's education at that time. But lot of teachers in the same school are become real estate brokers or have some side business. Private school administration is more concern about their reputation, no corruption, teacher salary is performance driven. Please note that govt teacher salary is higher than private school teacher's salary, but not their performance.
Govt is not interested in improving standards. This does not good for poor students in many ways, they face economic discrimination, rich & poor man food smells different that put stress on student, rich man kids are act, think, and behave different with poor man kids. Even I faced this same problem in govt school 30 years ago. Govt can think of charter school model as followed in USA.
Right to Education fly in the face of article 19 of the
constitution.If the govt wants young children to be educated then the
best thing they can do is to remove the restrictions for establishing
more private schools.The act will discourage more private schools from propping up.The private schools in rural areas survive on thin profit
margins and with this act many private schools may shutdown.We don't
have many private schools propping up because of restrictions
like,every school should have a playground,a physical trainee and
specified teacher to student ratio.If we remove these restrictions
private schools will be able to offer quality education at a cheaper
price.It is a good trade off rather than having children not going to
school because it is expensive because of playground restriction and
moreover private schools are answerable to parents.It is better than a
govt school were most of the time teachers are absent and not
answerable to parents.We all know about govt schools.
I don't understand why the govt is in the business of judging the
morality of people,private institutions and companies and then declare
them as immoral and take their money away through the use of legal
force. Looks like the govt is a legalized naxalites. The private
schools are private for a reason, what article of the constitution
gave the union govt the authority to interfere in the operations of a
private school. It is real sad people don't understand what is right
and what is not.People have a right to life,to freedom of speech,to
due process and to pursue happiness,you don't have a right to color television or a washing machine or free education or free
healthcare.Education is not a right, but even if the govt decides to
provide it. The socialists never ask the follow up question about how
the govt is gonna provide it. They are gonna provide it by violating
other people's rights.
As suggested by the author in the last para, the RTE has become another tool to feed the corruption monster in the country. Even well established schools are now standing in line to bribe inspectors for Certificates to commence operations as a preliminary stage to getting approval.
The government should stop mandating such social objectives and instead think of ways it can facilitate achieving them without mandates, rules, certifications, etc.
I would suggest that all govt.statutory dealings as per central/state
govt act should be done through internet/online so that it will be in
black and white. Only code No./Registeration No. should be provided for
identification. These initial steps will go a long way in curbing
corruption.May the THINK TANK think.
First I would like The Hindhu to bringing up such good topics, Come to this article writer is pointing out this many issues but not suggesting what we have to do? I think this age should be extended upto 15 or 16 years then atleast this students can get good school education, after that some good colleges will give free education. And the most important thing is governament schools standards, here I have one question i.e all the government schools are recruiting qualified people with good knowledge but most of the private schools doesnt have good teachers then how they are getting good results? answer is simple govt school teachers never feel much responsibility because their children are not studying there.Finally though some problems are there in RTE its good and have to strenghtend and have to open more govt-private model schools as Dr.Singh said.And medium is also problem in govt schools as most of the schools are running in local mediums,have to open more English medium schools.
Even good schools which charge heavy fees leave much to the students to learn at home
with the help of their parents. Children from poor families with parents not well educated will
therefore suffer much because of this handicap. Has the government any solution to this
problem?
What most people who seem to focus on the shortcomings of the RTE
don't seem to realize is the power that the RTE acts places in the
hands of ordinary citizens.
Yes, there are enough laws to implement things, but RTE makes
education till the age of 14 a constitutional right and any kid (by
derivation the parents, wellwishers) can drag respective govt to the
Courts citing a violation of the fundamental right. What this act does
is to make the Govt accountable to provide education.
Yes, quality of education, questions on what happens after the age of
14 etc are relevant, but let us not lose sight of what we gain from
this act when we focus on how this could have been done better.
In Tamilnadu the details from State Information Commissioner indicates
that all the govt school teachers educate their children in private
schools only. Why no one bothers about bringing out some measures to
improve the quality of education in govt schools? Pay scales for govt
teachers in Tamilnadu is the best in India but the they are not bothered
about the students.
I appreciate the author who has found loopholes in the RTE act.i think quality of teaching being ignored is a valid point and it is to be remembered that people come to this profession by force(like not getting any job etc),govt should provide incentive and some good remuneration so that people join as a teacher by choice,only then i think we could impart quality education
Of course the RTE Act is just statement of intent. Our constitution and our laws, too, are just statements of intent. However, one cannot start implementing anything of importance without first declaring this direction and intent. And like every other aspect of our public life, this act too will be plagued by poor implementation. Educating a nation under conditions of substandard infrastructure and meager resources(money, teachers etc) is a massive and mindbogglingly complex problem, one that no government agency, manned with people no matter how brilliant, can seek to master and centrally manage. The best thing to do, in my opinion, is to open it up to the ingenuity of the people. Let a thousand entrepreneurs come up with a thousand solutions and let the government regulate these activities tightly. It is more sensible for the government to delegate and regulate, rather than trying to do everything by itself, which it clearly cannot.
Sir,
More Kendriya Vidyalayas is the one of the solution.
The way government is planning to force mandatory rural service on doctors, it must enforce all government college graduates to work in such schools for two years! I am sure what is good for medical graduates will be appliable for other graduates too!
Dr. Sekhar Wariar
Would it not be wise on the part of the Government to focus on basic
needs such as education rather than wasting money on running airplanes?
This is the fundamental responsibility of the Government. Competing with
the Spicejets and Kingfishers is not.
The commentators appear to be forgetting that the tuition fees of the 25%
of the under-privileged children admitted into the elite private schools
will be paid by the government. The schools do not stand to lose monetarily.
Only laws will not help to bring the change unless there is a strong
will to implement in its true spirit . When the government with all
force can not achieve the requirement of the society through government
schools how it can be achieved through these laws ? It is only
political gimmicks.
It is clear that the writer-politician is an apologist for unrecognised schools and their unregulated functioning. RTE or no RTE unrecognised schools must not be allowed to remain so forever. They must meet the criteria required for gaining recognition so that they are held accountable for their actions or be asked to close down. Many of these schools prefer not to gain recognition smug in the understanding that children will anyway join the schools. There can be no good or bad unrecognised schools. The very fact that a school is unrecognised means that it has not been able to meet the requirements for recognition.
Merely passing laws will not help . we need to ensure that these laws have been implemented to the ground level and the common man is getting benefited.
Lets hope that our voices are heard and acted upon.
Of course the RTE Act is just statement of intent. Our
constitution and our laws, too, are just statements of intent.
However, one cannot start implementing anything of importance
without first declaring this direction and intent. And like every
other aspect of our public life, this act too will be plagued by
poor implementation.
Educating a nation under conditions of substandard infrastructure
and meager resources(money, teachers etc) is a massive and
mindbogglingly complex problem, one that no government agency,
manned with people no matter how brilliant, can seek to master
and centrally manage. The best thing to do, in my opinion, is to
open it up to the ingenuity of the people. Let a thousand
entrepreneurs come up with a thousand solutions and let the
government regulate these activities tightly. It is more sensible
for the government to delegate and regulate, rather than trying
to do everything by itself, which it clearly cannot.
The state govt does not have quality teachers and are appointing +2 DTE teachers who have no knowledge of ENGLISH in primary schools. Who will send their wards to Govt schools... Only Poor who can't afford quality education for their wards. Govt is also poor in its thinking... since it is not giving importance to education.
They open LIQUOR SHOPS in each and every street. They have no consience in providing quality education to their people. Govt means inefficiency, corrupt, substandard work. Private means efficiency, quality, time and dutybound, trying to bring quality to get name in society as well earn profit. When the question of profit comes, free service is a blow and we can't expect free education by private. Pay for the service and people also will have responsibility. RTE is a bunkam law and can't be implemented by private. Why they should do??? It is in Govts interest to improve the standard as that of Kendriya Vidyalayas.
I would like to thank Mr.Abdul KhaliQ for this thought provoking article.It very well captures the task at hand.Also,I think there are a few things that can be taken into account.
one,I think that the idea of Para teacher is very good but it must be such that the para teachers be given a rigorous training of about 1 month on ways of teaching and must be constantly guided by senior teachers.
second,the idea of closure of schools is uncalled for as this will only add to the illiteracy rate.concept of para teacher can be applied here.This will also decrease unemployment rate.
Third,i think few schools which are in proximity must collaborate and start a new concept of Exchange program of Teachers in which good teachers can go to 'not so good at resources' schools and teach.This would also help a little bit.
RTE is welcome move by the govt especially given the elitist attitude and flagrant disregard for the poor and dispossessed in our society,Well the author may be right at pointing many loopholes in the act, but there is always scope to bring desirable changes.
A very insightful article and thanks to the author for that. There is a serious need for a comprehensive discussion on the RTE act if at all we are really determined to achieve what we wanted to achieve with this act. And as the author rightly said, the provision for universal pre-school education really sounds funny.
I think the writer Mr. Abdul Khaliq, makes a very good case for why the
RTE, despite all its good intentions, will, in the end, fail in meeting
the very objectives for which it exists. This is also the reason why the
various education policies in this country have failed in the past -
they have been short term and read almost like they were written by
someone unfamiliar with this country. There is no doubt that education
for children is a pressing need, but what is required is a thought out
and methodical plan, not a knee-jerk reaction to enforced policy making.
Finally, a voice which makes sense around RTE. There are enough laws in
India already; what is lacking is sheer implementation. How will the
education landscape of the country be reformed by passing one more law?
Anyway, to me, a 25% reservation in schools for economically backward
class is an excuse from the Government to not strengthen Government
schools, as also an acknowledgement that the Government itself thinks it
schools are no good. This is clear abdication of duties of the
Government in the garb of Socialism.
RTE Act is an outcome of the right enshrined in the Constitution, namely, ‘equality of status and opportunity’ for all citizens. Bulk of the adult citizens has missed this constitutional right. This right is assured for future citizens only if the child citizens of today have equal opportunity in education. RTE Act is already late by sixty years. If Mr. Khaliq finds RTE Act is a statement of good intent and unworkable, then the same may be said about the Constitution! Let us hope that Mr. Khaliq and the political Party he belongs to realize the import of the RTE Act for future citizens and help make its implementation a success.
Very well written article exposing both the sides of RTE. Though the
idea behind RTE act is good, as the author points out, the act has
several draw backs which if not corrected can seriously harm the
education system. It is a welcome move to have seats for economically
& socially underprivileged students in private schools. But at the
same time, it would be very important for the Govt. to invest more in
education to improve the quality of Government schools. Especially
there is a definite need for increase in pay for primary and high
school teachers to attract better quality candidates to teach the
future generation of our country. I believe, establishing more
technical institutions across the country and reservations in them
will not reach their objective until the primary & high school
education is improved.
Well described Mr.Abdul Khaliq.
I wish the think tank of RTE would see to your column. I have done my education from government schools and the quality is deteriorating day by day. What I understand with RTE act is , Government is shamelessly agreeing that they cant provide better quality eductation and only Private schools can do that and hence they will screw up even private educational institues. What a nonsense concept is this, Instead of getting the Govt schools back on track and taking strict parameters to improve the quality, they have come up with utterly complicated and confusing theory called RTE.
Hope, Only GOD May Save India.
I am not sure whether the author has brought these issues to the notice of the concerned authorities before the bill became an act
M.R.Nandagiri
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