UNIVERSAL ELEMENTARY EDUCATION

FOR CHILDREN IN INDIA

REFORMS FOR UPLIFTMENT OF THE

WEAKER SECTIONS OF INDIA

Education for All

'An Educated India is A Progressing India'

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United Nations in 1998 adopted Universal Declaration

of Human Rights (UDHR). Article 26 (1) of UDHR

proclaims that: “ Every one has a right to education.

Education shall be free, at least in the elementary and

fundamental stages. Elementary education shall be

compulsory. "

Sarva Shiksha Abhiyan (SSA) is India‟s main

programme for universalising elementary education. Its

overall goals include universal access and retention,

bridging of gender and social category gaps in education

and enhancement of learning levels of children.

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The Sarva Shiksha Abhiyan had been set with specific targets. These are:

• All children in school, Education Guarantee Centre, Alternate School or 'Back-to-School' camp by 2005.

• All children complete five years of primary schooling by 2009.

• Children complete eight years of elementary schooling by 2012.

• Focus on elementary education of satisfactory quality with emphasis on education for life.

• Bridge all gender and social category gaps at the primary stage by 2009 and

at the elementary education level by 2012.

• Universal retention by 2012.

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• Though the Sarva Shiksha Abhiyan [SSA]

is being administered through government

and govt. aided schools,

• some private unaided schools are also

actively involved in contributing towards

universal elementary education.

• The govt. entered into an agreement with

the World Bank for assistance to the tune of

US $ 600 million to fund the second phase

of the S S A.

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Right of Children to Free and Compulsory Education Act,

has come into force with effect from April 1, 2010.

The Sarva Shiksha Abhiyan (SSA) Framework of

Implementation and norms for interventions have been

revised to correspond with the provisions of the RCFCEA .

This includes

• interventions, inter alia for opening new

primary and upper primary schools as per the

neighbourhood norms notified by State

Governments in the RCFCEA Rules,

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• The Act provides that no child shall be held

back, expelled, or required to pass a board

examination until the completion of

elementary education.

• There is a provision for special training of

school drop-outs to bring them up to par with

students of the same age. The Right to

Education of persons with disabilities until 18

years of age has also been made a

fundamental right.

• A number of other provisions regarding

improvement of school infrastructure, teacher-

student ratio and faculty are made in the Act.

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• Monitoring and Implementation of the act

should be done by the National Commission

for the Protection of Child Rights, an

autonomous body together with Commissions

to be set up by the states.

• Schools excluded from RCFCEA under

special category : Kendriya Vidyalaya,

Navodaya Vidyalaya, Sainik School and

Madrasas (protected under Article 29 and 30

of the Constitution)

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To promote literacy among its citizens, the

Government of India has launched several

schemes such as

• the Kasturba Gandhi Balika Vidyalaya

Scheme,

• Mid-day Meal Scheme and

• the National Program for Education of Girls

at Elementary Level (NPEGEL).

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India‟s initiatives to achieve universalization of elementary

education:

In 1950, commitment was made through its directive

principle of State policy.

In 2002, the 86th constitutional amendment was passed

that made education a fundamental right for children in

the age group of 6 – 14 years.

In 2009 , The Right of Children to Free and Compulsory

Education Act (RCFCEA),was passed and represents

the consequential legislation envisaged under Article 21-

A, empowering implementation by Union & State Govts.

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The Constitution (Eighty-sixth Amendment) Act, 2002,

inserted Article 21-A in the Constitution of India to provide

free and compulsory education of all children in the age

group of six to fourteen years as a Fundamental Right in

such a manner as the State may, by law, determine. The

Right of Children to Free and Compulsory Education Act

(RCFCEA), 2009, which represents the consequential

legislation envisaged under Article 21-A, means that every

child has a right to full time elementary education of

satisfactory and equitable quality in a formal school

which satisfies certain essential norms and standards.

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The 86th constitutional amendment (2002),

and the RTE Act (2009), have given us the

tools to provide quality education to all our

children. It is now imperative that we the

people of India join hands to ensure the

implementation of this law in its true

spirit. The Government is committed to

this task though real change will happen

through collective action.

RIGHT OF CHILDREN TO FREE & COMPULSORY EDCATION ACT

[RCFCEA] or [RTE]

The need to address inadequacies in retention, residual

access, particularly of un-reached children, and the

questions of quality are the most compelling reasons for

the insertion of Article 21-A in the Constitution of India

and the passage of the RTE Act, 2009 in the Parliament.

The new law provides a justiciable legal framework that

entitles all children between the ages of 6-14 years free

and compulsory admission, attendance and completion

of elementary education.

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Norms & Standards Specified.

• In private schools also, 25% seats for children from poor families

• Schools need to get recognition

• No capitation fees

• No interview for admission

• Overall approach and implementation strategies of SSA harmonized as per the mandate of the RTE Act. A Committee to suggest follow up action was appointed

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Meaning of Free & Compulsory

• Free education is defined as „removal of any

financial barrier by the state that prevents a child

from completing eight years of schooling‟.

• Compulsory education‟ means obligation of the

appropriate government to provide free elementary

education and ensure compulsory admission,

attendance and completion of elementary education

to every child in the six to fourteen age group. „ 14

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With this, India has moved forward to a rights

based framework that casts a legal obligation on

the Central and State Governments to

implement this fundamental child right as

enshrined in the Article 21A of the Constitution,

in accordance with the provisions of the RCFCE

Act.

The new law provides a justiciable legal

framework that entitles all children between the

ages of 6-14 years free and compulsory

admission, attendance and completion of

elementary education.

Steps towards Universal Elementary Education

• The role of Universal Elementary Education (UEE) for

strengthening the social fabric of democracy through

provision of equal opportunities to all has been

accepted since the inception of our Republic.

• The original Article 45 in the Directive Principles of

State Policy in the Constitution mandated the State to

endeavour to provide free and compulsory education

to all children up to age fourteen.

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Role of Private Sector in SSA

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“Right to Education Act is indeed a landmark law.

It marks a historic moment for our country, where

an estimated eight million children aged between

6 and 14 do not currently attend school. However,

the RTE Act is more about Right to Schooling than

the Right to Education. It focuses heavily on

inputs whereas learning outcomes have not been

addressed. It is unlikely to improve mass

education because there is no focus on quality.”

Arun Kapur, Director Vasant Valley School

National Commission for Protection of Child Rights

• The act also provides that, no child shall be held back,

expelled, or required to pass a board examination until

completion of elementary education.

• Provision for special training of school drop-outs to

bring them at-par with the students of the same age.

• Right to Education of Person with Disabilities till 18

years of age has been made a Fundamental Right.

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The Act provides for empowerment of the

National Commission for Protection of Child

Rights and

State Commissions for

supervising of proper implementation of the

act and for

looking after the complaints in protection of

Child Rights.

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IMPLEMENTATION OF RTE EEGULATIONS

Successful implementation of the RTE act

passed by the central government requires key

steps to be undertaken by state governments.

States are required to notify specific rules for

carrying out the provisions of the Act. They are

also required to constitute a State Commission

for the Protection of Child Rights and notify a

state academic authority to frame and monitor

the curriculum.

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Recently the Centre is seriously exploring ways to

bring pre-school education under Right to

Education Act to provide free and compulsory

education to children between the age group of

four and six.

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Major Highlights of the Act

The Act makes education a fundamental right of

every child between the ages of 6 and 14.

• It requires all private schools to reserve 25% of

seats to children from poor families (to be

reimbursed by the state as part of the public-

private partnership plan).

• It also prohibits all unrecognized schools from

practice, and makes provisions for no donation

or capitation fees and no interview of the child

or parent for admission.

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SC backs Right to Education

The apex court upheld

the constitutional validity

of the Act and directed

all schools, including

privately-run schools,

irrespective of the board

they are affiliated to, to

admit from this

academic year (2012-

13)

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at least 25% students from

socially and economically

backward families. These

students will be

guaranteed free education

from class I till they reach

the age of 14.

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SC Bench said: “To put an obligation on the unaided non-minority

school to admit 25 per cent children in class I under Section 12(1) (c)

cannot be termed as an unreasonable restriction. Such a law cannot

be said to transgress any constitutional limitation. The object of the

2009 Act is to remove the barriers faced by a child who seeks

admission to class I and not to restrict the freedom under Article 19(1)

(g).

“From the scheme of Article 21A and the 2009 Act, it is clear that

the primary obligation is of the State to provide for free and

compulsory education to children between the age of 6 and 14 years

and, particularly, to children who are likely to be prevented from

pursuing and completing the elementary education due to

inability to afford fees or charges.”

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The SC judgment said: “We hold that the Right of

Children to Free and Compulsory Education Act, 2009 is

constitutionally valid and shall apply to a school

established, owned or controlled by the appropriate

Government or a local authority; an aided school

including aided minority school(s) receiving aid or grants

to meet whole or part of its expenses from the

appropriate Government or the local authority; a school

belonging to specified category; and an unaided non-

minority school not receiving any kind of aid or grants to

meet its expenses from the appropriate Government or

the local authority.”

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Both the Central and state governments are responsible

for ensuring effective implementation of the Act. There has

been significant improvement in terms of the number of

primary schools, largely due to additional resources made

available through the Sarv Shiksha Abhiyaan to bridge

existing gaps. The scheme is now being extended to the

secondary school level as well.

In addition to the Government‟s initiative, the private

sector has also played a role in improving the state of

education in the country and continues to do so.

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Since RCFCEA came into force,

• 50,672 new schools,

• 4.98 lakh additional classrooms,

• 6.31 lakh teachers, etc

• have been sanctioned to States and UTs

under S S A. The fund sharing pattern

between the Central and State Governments

has also been revised to a sharing ratio which

is more favourable to States Governments.

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Reservation of 25% seats in private schools for children from poor families • The school may be there

but students may not attend, or drop out after a few months.

• Through school & social mapping, many issues need to be addressed that prevent a weak child from completing the process of education.

• The principle behind 25% reservation is to promote social integration.

A school is a perfect setting

where existing inequalities

in society can be bridged

if the school encourages

students to integrate

psychologically,

emotionally and academically.

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Universal access is an essential component of UEE.

Access does not constitute mere physical availability of

school; it implies facilitating full, free and joyful

participation of children in learning.

25% reservation in private unaided schools for children

belonging to disadvantaged groups and weaker

sections.

Reimbursement of expenditure so incurred shall be

made by the state Government.

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• support for residential schools for children in areas

which are sparsely populated, or hilly or densely

forested with difficult terrain, and for urban deprived

homeless and street children in difficult circumstances,

• special training for admission of out-of-school children

in age appropriate classes, additional teachers as per

norms specified in the RCFCEA,

• two sets of uniforms for all girls, and children belonging

to SC/ST/BPL families,

• strengthening of academic support through block and

cluster resource centres, schools, etc.

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Activity Timeframe

Establishment of neighbourhood

schools 3 years (by 31st March, 2013)

Provision of school infrastructure

All weather school buildings

One-classroom-one-teacher

Head Teacher-cum-Office room

Library

Toilets, drinking water

Barrier free access

Playground, fencing, boundary

walls

3 years (by 31st March, 2013)

Provision of teachers as per prescribed

Pupil Teacher Ratio 3 years (by 31st March, 2013)

Training of untrained teachers 5 years (by 31st March 2015)

Quality interventions and other

provisions With immediate effect

mandated the following timeframe for

implementation of its provisions:

Implementation of RCFCEA

provides for all children the benefit of free

and compulsory

• admission,

• attendance and

• completion

of elementary education.

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In India, since we gained freedom of self governance,

• Undoubtedly, much progress has occurred

since the last sixty years of our

independence and

• many more children with a diverse

background are accessing school.

• Yet....

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Dropped out, child labourers

• There are ‘invisible’ children_ children bonded to

work with an employer,

• young boys grazing cattle or working in a dhabha

• girls working in the fields or as domestic help or

caring for younger siblings, and

• children being subjected to early marriage. Many of

these children are formally enrolled in a school but

have either dropped out or have never been there.

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Extremely vulnerable ones

• Many others such as migrant and

street children, who live in extremely

vulnerable conditions; denying them

education is against the universal

nature of human rights.

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Enrol, attend, learn, and

Be empowered by education

• Providing universal access itself is no longer

enough; making available school facility is

essential but not sufficient.

• A monitoring mechanism is needed to ensure

that all children attend school regularly and

participate in the learning process.

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Not attending, drop-out in a few months?

• Focus must be on the factors that

prevent children from regularly

attending & completing elementary

education. Children from

• weaker sections and

• disadvantaged groups, as also

• girls.

• SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND

PEDAGOGIC ISSUES 48

Good education is empowering

• विद्याविधिविहीनेन क िं ुऱीनेन देहहनाम ्। अ ुऱीनोऽवि विद्याढ्यो दैितैरवि िन्दद्यते ॥

• Of what use is nobility of family if a person is illiterate?

• A learned man is respected by Gods too though he does not belong to a noble family. 49

Free, compulsory and of high quality

• The right to education is free, compulsory and

it includes good quality education for all.

• A curriculum not only provides good reading

and understanding of text books but also

includes learning through activities,

exploration and discovery.

• Comprehension, competence,

competitiveness and creativity should be

developed, not forgetting compassion.

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Education Depts of State & Union Governments have direct responsibility

To provide

• schools,

• infrastructure,

• trained teachers,

• curriculum and

• teaching-learning material, and

• mid-day meal.

A well coordinated mechanism is needed for

inter- sectoral collaboration & convergence. 51

On the part of the whole Govts:

• The factors that contribute to the

achievement of the overall goal of

universalizing elementary education as a

fundamental right requires action on the

part of the whole Governments.

A well coordinated mechanism is needed for

inter- sectoral collaboration & convergence.

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Timely & appropriate financial allocations, redesign school spaces

• The Finance Department to release funds

at all levels.

• The Public Works Dept. to re-conceive and

redesign school spaces from the pedagogic

perspective & Address issues of including

disabled children through barrier free

access.

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Provide Social & Location Mapping of schools, Water & sanitation facilities

• The Dept. of Science & Technology to provide geo-spatial technology to perform at

grass-root survey.

• Provision of access to sufficient safe drinking water

• Provision and access to adequate sanitation facilities, specially for girl child.

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ROLE OF CIVIL SOCEITY in RCFCEA

• Above all, people‟s groups, civil society

organizations & voluntary agencies will play

an crucial role in the implementation of the

RCFCEA.

• This will help build a new perspective on

inclusiveness, encompassing gender &

social inclusion, & ensure that these become

integral & crosscutting concerns informing

different aspects like training, curriculum and

classroom transaction. 55

ROLE OF CIVIL SOCEITY • A VIBRANT CIVIL SOCEITY MOVEMENT

CAN ENSURE THAT

• THE PARENT / CHILD FROM WEAKER OR

DISADVANTAGED SECTIONS BECOME

AWARE OF

• THE VALUE OF EXERCISING THE RIGHT

TO ELEMENTARY EDUCATION AND

• PUT IN SERIOUS EFFORTS ON THEIR

PART.

• NGO contribution of knowledge, ideas and

solutions to the challenges are needed. 56

Good teacher‟s company enables.

• यः िठतत लऱखतत िश्यतत िररिचृ्छती िण्डितान ् उिाश्रयवि । तस्य हदिा रक रणैः नलऱनी दऱिं इि विस्ताररता बुवधः ॥

• One who reads, writes, sees, inquires, lives in

the company of learned men, his intellect

expands like the lotus leaf does

because of the rays of sun.

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The RTE act does not cater to the absence of

provisions for pre-school education for

children below the age of six years.

A key issue being raised against the

provisions of the RTE Act is the absence

of provisions for improving the job conditions

of teachers. This leads to limited availability of

quality teachers in rural or inaccessible areas.

According to analysts, teacher training is one

of the biggest requirements of the

current system and has been neglected by

the Act.

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Since the Government has finite resources,

reimbursing expenses to private schools

will be at the expense of government

schools.

Therefore, it should be made voluntary for

private schools to reserve seats for children

from disadvantaged sections of society.

It is unfair to make this applicable for all

private schools.

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“The whole idea of reimbursement of expenses

to private schools is a case of poor economics.

If the government is unable to meet the expenses

from where will it generate additional resources

to reimburse the private schools”.

Prof. Praveen Jha, JNU

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Reservations about the norms & standards of

RCFCEA: 1. Private schools that are not very well resourced but

are imparting education to disadvantaged sections

of society will find it difficult to survive.

2. Norms are silent on learning outcomes and quality

in education may not / can not be ensured.

3. It is observed that teacher recruitment and

training is one of the biggest requirements of the

current system and has been neglected by the Act.

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The National Council for Teacher Education has laid

down the minimum qualifications for teachers in schools

in 2001 on the basis of the National Council for Teacher

Education Act and the RTE Act, according to which

teachers appointed by the government or employing

authority should be trained and have minimum

qualifications for different levels of school education.

Within the five year period, all teachers need to acquire

the academic and professional qualifications prescribed

by the academic authority under the RTE Act. This is a

difficult task.

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„Free education‟ means that no child, other

than a child who has been admitted by his

or her parents to a school which is not

supported by the appropriate Government,

shall be liable to pay any kind of fee or

charges or expenses which may prevent

him or her from pursuing and completing

elementary education.

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• .„Compulsory education‟ casts an obligation on

the appropriate Government and local

authorities to provide and ensure admission,

attendance and completion of elementary

education by all children in the 6-14 age

group.

• With this, India has moved forward to a rights

based framework that casts a legal obligation

on the Governments to implement this right.

83

The new law provides a justiciable legal

framework that entitles all children between the

ages of 6-14 years free and compulsory

admission, attendance and completion of

elementary education. It provides for children‟s

right to an education of equitable quality, based

on principles of equity and non-discrimination.

Most importantly, it provides for children‟s right to

an education that is free from fear, stress and

anxiety.

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The Rights perspective under the RTE Act has also

brought in new monitoring mechanisms to ensure that

child rights under the Act are protected. The RTE Act

provides for constitutionally created independent bodies

like the National and State Commissions for Protection

of Child Rights to perform this role. These bodies, with

quasi-judicial powers bring in an element of monitoring

new to the implementation of SSA, requiring that

internal monitoring mechanisms under the SSA engage

purposefully with these independent bodies.

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The RTE provides a legally enforceable rights

framework with certain unambiguous time targets that

Governments must adhere to. For example, the Act

mandates that every child in the six to fourteen age

group shall have a right to free and compulsory

education in a neighbourhood school. The Act also

provides that if a school does not exist in an area or

limit prescribed as the neighbourhood, the appropriate

Government and the local authority shall establish a

school in this area within a period of three years.

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The revised S S A Framework for Implementation is

derived from the recommendations of the Committee on

Implementation of RTE Act and the Resultant Revamp of

S S A, and is intended to demonstrate the harmonization

of S S A with the RTE Act. It is also based on child centric

assumptions emerging from the National Policy on

Education, 1986/92 and the National Curriculum

Framework (NCF), 2005. The revised S S A Framework

of Implementation provides a broad outline of approaches

and implementation strategies, within which States can

frame more detailed guidelines keeping in view their

specific social, economic and institutional contexts.

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The revised SSA Framework for Implementation is derived

from the Committee on Implementation of RTE Act and the

Resultant Revamp of SSA, and is intended to demonstrate

the harmonization of SSA with the RTE Act. It is also

based on child centric assumptions emerging from the

National Policy on Education, 1986/92 and the National

Curriculum Framework (NCF), 2005. The revised SSA

Framework of Implementation provides a broad outline of

approaches and implementation strategies, within which

States can frame more detailed guidelines keeping in view

their specific social, economic and institutional contexts

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The Annual Status of Education Report (Rural) 2012,

prepared by NGO Pratham and released by Union HRD

Minister MM Pallam Raju on Thursday, also raises

questions about whether the Right to Education Act has

actually led to any improvement in India's literacy.The

basic learning levels of children in rural India have fallen;

in 2012, just five out of 10 students in Class V across

rural India, could solve a simple arithmetic problem, it

says. The report also says that there is a sharp decline in

the reading ability of children, especially in government

schools and that more and more parents seem to be

depending on private schools in rural India.

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Nodal officers to monitor RTE implementation

Bangalore: To ensure more students enroll themselves

under Right to Education (RTE), the Directorate of

Public Instruction (DPI) has appointed nodal officers in

each of educational districts in the State to oversee

admission under the Act. “Last year, of the nearly 50,000

students who registered under the RTE, as many as

46,000 students were admitted under the Act. This year

it is estimated that more than one lakh students would

seek admission under the RTE quota,” said an official

with the DPI.

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The nodal officers will oversee number of applications

submitted, total intake of students under the Act in

each of the taluks and the districts in the State and

also collect information about monitoring processes,

etc.

The nodal officer for Bangalore South will be the

Director of Secondary Education, while the Joint

Director of the Department of State Education

Research and Training (DSERT) will be responsible

for Bangalore North.

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RTE has put 11 million more children in school:

New Delhi, April 11 : The Right to Education Act has

ensured that the education budget in most states has

doubled - 11 million more children are now enrolled in

schools, Louis-George Arsenault, Unicef India

representative, said Thursday. Arsenault said 99

percent of India's rural population now has a primary

school within a one-km radius. The Unicef India

representative, however, also noted the challenges

that still lie ahead: despite the landmark law, eight

million Indian children remain out of school.

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Getting the children who have fallen out of the school

system within it, and into age-appropriate classes

remains a significant challenge, he said.

High enrollment rates alone do not mean much, if drop-

out rates also remain high, the Unicef representative

pointed out, speaking of the 80 million children who still

drop out of school before completing the full cycle of

elementary education. Arsenault was speaking at a media

round-table discussion to take stock of three years of the

Right to Education Act. March 31, 2013, was the agreed

deadline for meeting most of the targets set by the RTE.

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The Unicef representative expressed concern that even when

students were going to school, their learning levels may be

alarmingly poor. Many students who attend school do not learn the

basics of literacy and numeracy, and do not achieve the necessary

knowledge and skills for all-round development, as specified under

the Act. Arsenault also pointed out that some one-time investments

like putting in place a well-stocked library or a functional toilet in

every school made significant differences, a pedagogic

transformation, as envisaged by the RTE, would only be brought

about by substantive institutional reform. The Right to Education Act

guarantees every child the fundamental right to eight years of quality

education, so that he or she acquires basic literacy and numeracy,

and enjoys learning without fear.

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SC slams lapses in posting primary education workers

New Delhi: The Supreme Court Monday gave vent to its ire

over state governments flouting guidelines for the

appointment of 'Shiksha Sahayaks' for promoting primary

education saying it amounted to "spoiling

the future of the future generations". As senior counsel

U.U. Lalit, appearing for the Gujarat government, rose to

make his submission, the apex court vacation bench of

Justice B.S. Chauhan and Justice Dipak Misra asked him

"how are these (Shiksha Sahayaks) appointed" and what

was the criterion and method of their appointment.

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Justice Misra observed that "populist principalities can be

used to spoil the future of the future generations".Justice

Chauhan observed that in Uttar Pradesh 'Shiksha

Sahayaks' are known as 'Vidya Mitra' and in public

perception they are perceived as 'Vidya Shatru'. Having

expressed its anguish over the way 'Shiksha Sahayaks'

were being appointed in pursuance to the Right to

Education Act, the court asked "whether this type of

system (of recruitment of Shiksha Sahayaks) is in

consonance with Article 21A (provides for free and

compulsory education to all children of the age of six to

14 years)".