Unit III Indian Constitutional values on
education
Preamble of the constitution -
Fundamental rights and duties of citizens - Directive principles of State
policy and education - Challenges to fulfill the constitutional obligations:
freedom, justice, equality, fraternity and education - Right to Education Act.
……………………………………………………………………………………………………..
INDIAN
CONSTITUTIONAL VALUES ON EDUCATION
THE CONSTITUTION OF INDIA
Introduction
The
Constitution of India is the supreme law of India. It lays down the framework
defining fundamental political principles, establishes the structure,
procedures, powers, and duties of government institutions, and sets out
fundamental rights, directive principles, and the duties of citizens. It is the
longest written constitution of any sovereign country in the world, containing
465 Articles in 22 parts, 12 Schedules and 123 Amendments. Dr.BR Ambedkar is the
Chief architect of Indian Constitution
India is a
Sovereign Socialist Secular Democratic Republic with a parliamentary system of
government. The Republic is governed in terms of the Constitution of India
which was adopted by the Constituent Assembly on 26th November, 1949
and came into force on 26th January, 1950.
Salient
aspects of Indian Constitution
(i) Preamble
(ii) Fundamental
Rights
(iii)
Fundamental Duties
(iv) Directive
Principles of State Policy and Education
Preamble
of the Constitution
Indian
constitution has a preamble. Though the preamble of the Constitution of India
does not constitute an operative part of the Indian Constitution, yet it serves
several important purposes. It explains the ideals and objectives of the
constitution. After 42nd amendment in 1976, the preamble to the constitution
reads:
“WE, THE PEOPLE
OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE -
social, economic and political;
LIBERTY - of
thought, expression, belief, faith and worship;
EQUALITY - of
status and opportunity and to promote among them all;
FRATERNITY -
assuring the dignity of the individual and the unity and integrity of the
Nation.
The term ‘sovereign’ implies that India is
internally supreme and externally free.
The terms ‘socialist and secular’ were added to
the preamble by 42nd amendment in 1976. ‘Secularism’ is a glaring necessity in India’s socio-political
context. India’s secularism ensures that religious minorities do not suffer
from a sense of inferiority.
The terms ‘democratic republic’ in the preamble
are very important. India’s aim is to build up not only a democratic political
system but also a democratic social system.
A system is ‘republican’ where no office of the
State is held on the basis of hereditary prescriptive rights. In India every
office of the State from the highest to the lowest is open to every citizen. To
build up an ideal democracy, the preamble emphasizes justice, liberty, equality
and fraternity as political ideals.
The ‘ideal of justice’ implies a system
where individuals can realize their full potentialities. Political and legal
justice is a myth unless accompanied by social and economic justice. Social
justice implies that all social discriminations like caste or untouchability
must be ended.Economic justice implies that economic exploitations should be
ended.
The ‘ideal of liberty’ aims at ensuring
these freedoms which make men really free. Liberty to be meaningful must mean
liberty of thought, expression, belief, faith and worship.
Finally, ‘fraternity’ as an ideal is sought to
be fostered to ensure the dignity of the individual and unity of the nation.
Fundamental rights of
Indian citizens
These
are the basic human rights of all citizens, defined in Part III of the
Constitution. These are applicable irrespective of race, place of birth,
religion, caste, creed, or gender. They are enforceable by the courts, subject
to specific restrictions.
Types
of Fundamental Rights
There
are six types of Fundamental Rights in our Constitution
I. Right to Equality (Article 14 –
Article 18)
II Right to Freedom (Articles 19 – Article 22)
III Right against Exploitation (Articles 23 – Article 24)
IV Right to Religion (Articles 25 – Article 28)
V Right to Culture and Education (Articles 29 – Article 30)
VI Right to Constitutional Remedies (Article 32)
II Right to Freedom (Articles 19 – Article 22)
III Right against Exploitation (Articles 23 – Article 24)
IV Right to Religion (Articles 25 – Article 28)
V Right to Culture and Education (Articles 29 – Article 30)
VI Right to Constitutional Remedies (Article 32)
The
six categories of Fundamental Rights are discussed below:
1.Right
to equality ((Article 14 – Article 18):
It
implies equality before the law and equal protection of the laws within the
territory of India. No man is above the law of the land. Every person is
subject to the ordinary law and amendable to the jurisdiction of the ordinary
tribunals. Any discrimination is prohibited and equality of opportunity in
matters of public employment under the state is ensured. There is no
distinction between officials and private citizen and no discrimination on the
basis of caste, creed, religion, sex etc.
But
right to equality does not mean absolute equality or universal application. Some
exceptions are allowed by the Indian Constitution and these limitations are as follows:
·
The President or the Governor of a state
shall not be answerable to any court for the power exercised or act done by him.
·
No criminal proceeding shall be
instituted against the President or the Governor during term of office
·
Exemption from taxes to certain classes
of property
·
Imposition of taxes upon different
trades and professions
·
Making special provisions for women and
child
·
Making
special provisions for advancement of any socially, economically and
educationally backward classes like SCs and STs including special employment
opportunities, this is called protective discrimination.
2.
Right to freedom (Article 19 – Article 22):
This
right is the most significant and important for the citizens. This right
confers some positive rights to promote the ideal of liberty .Article-19 is the
most important which guaranteed six freedom to all citizens.
These
are – 19 (1) All citizens shall have the right-
(a) to freedom of speech and expression ;
(b) to assemble peacefully and without arms ;
(c) to form associations or unions ;
(d) to move freely throughout the territory of India ;
(e) to reside and settle in any part of the territory of India ; and
(g) to practice any profession , or to carry on any occupation, trade or business
(a) to freedom of speech and expression ;
(b) to assemble peacefully and without arms ;
(c) to form associations or unions ;
(d) to move freely throughout the territory of India ;
(e) to reside and settle in any part of the territory of India ; and
(g) to practice any profession , or to carry on any occupation, trade or business
Article 20 and 21 guarantee the
right to life, dignity and status. Under Article 20, no person accused of any
offence shall be compelled to be a witness against himself. Similarly, under
Article 21, no person shall be deprived of his life or personal liberty except
according to the procedure established by law. Article 22 provides some
safeguards against arbitrary arrest
3. Right against exploitation (Article 23 – Article
24):
Indian Constitution
recognizes dignity of the individual against any form of exploitation either by
the state or by the privileged section of the society. Therefore, Right against
exploitation prohibited traffic in human beings and forced labour and
employment of child in factories, mines or in any other ‘hazardous employment’.
No child below the age of fourteen years shall be employed to work in any
factory or minds or engaged in any other hazardous employment (Artcle 24)
The
provisions of Article 23 and Article 24 absolute and the state is firm on
restoration of dignity and status of the individual against any immoral
purposes.
4.
Right to religion (Article 25- Article 28):
Indian
Constitution has adopted secular ideology and declared India as a secular
state, which observes and attitude of neutrality and impartiality towards all
religion. There is no state religion in India. The state will neither establish
a religion of its own nor confer any special patronage upon any particular religion.
Every person is guaranteed the freedom of conscience and freedom to profess,
practice and propagate his own religion subject to public order, morality and
health. Every religious group has been given the freedom to manage religious
affairs, own and acquire movable and immovable property and administer such
property in accordance with law.
Right
to religion is also subject to certain limitations. The state has the right and
duty to intervene if any religious activity creates public disorder, immorality
and so on.
5.
Right to culture and education (Article 29 – Article 30):
The
Constitution of India guarantees cultural and educational rights for all
section of people irrespective of their religious, racial and cultural
diversities. These rights are non-political in real sense. To reserve religious
and cultural interest of each community, the Constitution of India incorporated
these cultural and educational rights under Article 29 and Article 30. The
state shall not impose upon any minority group any culture other than the
community’s own culture Article 29(1). Clause (2) of Article 29 provides that
no citizen may be denied admission to State and State aided educational
institutions on the grounds only of religion, race, caste or language. Article
30 provides that all communities shall have the right to establish and
administer educational Institutions of its choice and the state shall not
discriminate against them in making grants on grounds of religion, race or
language.
6.
Right to constitutional remedies (Article 32):
A
right without remedy is a meaningless formality. Indian Constitution enumerates
various rights to its citizen and in order to make these rights effective, it
includes some means or remedies in the form of the Right to Constitutional
Remedies under Article 32. These are some instruments and means to make
Fundamental Rights more effective. The courts have the power to enforce
Fundamental Rights by issuing these writs against any authority of the State.
Thus, the Constitution of India has made the judiciary as “the protector and
guarantor of Fundamental Rights”. On the other hand, this Constitutional right
is the “heart and soul” of the Constitution.
However the right to move the court for protection of Fundamental Rights may be suspended during an emergency except those rights provided by Article 20 and Article 21.
However the right to move the court for protection of Fundamental Rights may be suspended during an emergency except those rights provided by Article 20 and Article 21.
Fundamental
duties
Every right implies a corresponding
duty towards individual and social welfare. Rights cannot be separated from
duties and vice-versa. Therefore, both rights and duties are important for the
prosperity of the country in a similar manner.
When the Constitution came into
force in 1950, no Fundamental Duties were enshrined in the Constitution of India.
By the 42nd Amendment to the Constitution of India in 1976, ten
Fundamental Duties have been added to our Constitution. These duties are
important and necessary for the vital interest of our country. These
Fundamental Duties are covered by Article 51 A incorporated in a new chapter,
Part IV-A of the Constitution. Under this Article, it shall be the duty of
every citizen of India –
(i)
to abide by the Constitution and respect the National Flag and the National
Anthem;
(ii) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(iii) to protect the sovereignty, unity and integrity of India ;
(iv) to defend the country ;
(v) to promote the spirit of common brotherhood amongst all the people of India ;
(vi) to preserve the rich heritage of our composite culture ;
(vii) to protect and improve the natural environment ;
(viii) to develop the scientific temper and spirit of inquiry ;
(ix) to safeguard public property ;
(x) to strive towards excellence in all spheres of individual and collective activity
(ii) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(iii) to protect the sovereignty, unity and integrity of India ;
(iv) to defend the country ;
(v) to promote the spirit of common brotherhood amongst all the people of India ;
(vi) to preserve the rich heritage of our composite culture ;
(vii) to protect and improve the natural environment ;
(viii) to develop the scientific temper and spirit of inquiry ;
(ix) to safeguard public property ;
(x) to strive towards excellence in all spheres of individual and collective activity
Fundamental Duties are like some
noble advice of which some are civic duties and others are moral duties. They
are not legally binding upon the citizens and even the courts can not enforce
them. So, Fundamental Duties are not enforceable by the courts of our country.
No one can be punished if he/she does not perform his/her duties. Though there
is no legal force behind these duties, yet they are integral part to the
Constitution of India. These duties have moral impact and educative value upon
the citizens. Therefore people obey these duties on moral obligation for
welfare of the people.
Directive Principles of State Policy
Part IV of Indian Constitution deals
with Directive Principles of our State Policy (DPSP). The provisions contained
in this Part cannot be enforced by any court, but these principles are
fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws.
The concept of Directive Principles
of State Policy was borrowed from the Irish Constitution. While most of the
Fundamental Rights are negative obligations on the state, DPSPs are positive
obligations on the state, though not enforceable in a court of law.
ARTICLE 38: State to secure a social
order for the promotion of the welfare of the people
ARTICLE 39: certain principles of
policy to be followed by the state
The State shall, in particular,
direct its policy towards securing –
(a) that the citizen, men and women
equally, have the right to an adequate means of livelihood;
(b) that the ownership and control
of the material resources of the community are so distributed as best to sub
serve the common good;
(c) that the operation of the
economic system does not result in the concentration of wealth and means of
production to the common detriment;
(d) that there is equal pay for
equal work for both men and women;
(e) that the health and strength of
workers, men and women, and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;
(f) that children are given
opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
ARTICLE 39A: Equal Justice and Free
Legal Aid
ARTICLE 40: Organisation of Village
Panchayats
ARTICLE 41: Right to Work, To
Education and to Public Assistance in Certain Cases
ARTICLE 42: Provision for Just and Humane
Conditions of Work and Maternity Relief
ARTICLE 43: conditions of work
ensuring a decent standard of life and full enjoyment of leisure and social and
cultural opportunities
ARTICLE 43A: participation of
workers in the management of undertakings, establishments or other organisation
engaged in any industry
ARTICLE 44: Uniform Civil Code for
the Citizen throughout the territory of India
ARTICLE 45: Provision for free and
compulsory education for children
ARTICLE 46: Promotion of educational
and economic interests of scheduled castes, scheduled tribes and other weaker
sections
ARTICLE 47: Duty of the state to
raise the level of nutrition and the standard of living and to improve public
health
ARTICLE 48: Organization of
agriculture and animal husbandry
ARTICLE 48A: Protection and
improvement of environment and safeguarding of forests and wildlife
ARTICLE 49: Protection of monuments
and places and objects of national importance
ARTICLE 50: Separation of judiciary
from the executive
ARTICLE 51: Promotion of
international peace and security
The State shall endeavour to –
(a) promote international peace and
security;
(b) maintain just and honourable
relations between nations;
(c) foster respect for international
law and treaty obligations in the dealings of organised people with one
another; and
(d) encourage settlement of
international disputes by arbitration.
Comparison of Fundamental
Rights and Directive Principles
|
BASIS FOR COMPARISON
|
FUNDAMENTAL RIGHTS
|
DIRECTIVE PRINCIPLES
|
|
Meaning
|
Fundamental
Rights are the essential rights of all the citizens of the country.
|
Directive
Principles are the guidelines which are referred while formulating policies
and laws of the country.
|
|
Defined in
|
Part III of
the Constitution
|
Part IV of the
Constitution
|
|
Nature
|
Negative
|
Positive
|
|
Enforceability
|
They are
legally enforceable
|
They are not
legally enforceable
|
|
Democracy
|
It establishes
political democracy.
|
It establishes
social and economic democracy.
|
|
Legislation
|
Not required
for its implementation.
|
Required for
its implementation.
|
|
Promotes
|
Individual
welfare
|
Social welfare
|
Constitutional
Provisions on Education
"The
widest road leading to the solution of all our problems is education." – Tagore.
So the following are the Constitutional Provisions on Education :
Article 45: Free and compulsory
Education for all children until they complete the age of fourteen years
Article 30: Education of Minorities and they establish and administer educational
institutions of their choice.
Article 29(1) : Language Safeguards and Right to conserve the language
Article 350 B: Appointment of special
officer for linguistic minorities to investigate into all matters relating to
safeguards
Article 15, 17, 46 : Socially and educationally
backward classes of citizens and scheduled castes and scheduled tribes
Article 46 : Economic and educational
development of the Scheduled Castes and Scheduled Tribes, Promote with special
care in educational and economic interests and Protect them from social
injustice and all forms of exploitation.”
Article 25 (1) : Secular Education and Right
to profess, practice and propagate religion
Article 28 (1): No religious instruction
shall be provided in any educational institution if wholly maintained out of
state fund
Article 30: The state shall not, in granting
aid to educational institution maintained by the State, on grounds only of
religion, race, caste, language or any of them
Article 29(1) : Equality of Opportunity in
Educational Institutions
Article 26 (1) :language, script or culture
Article 350 A : Mother-tongue at the primary
stage of education to children belonging to linguistic minority groups
Article 351 : Directs the Union, the duty
to promote the spread of the Hindi language, Promotion of Hindi:
Entries 63, 64, 65, and 66 of List : Higher Education
and Research:
Article 15(1) : State shall not discriminate
any citizen on groups only of sex.
Article 15 (3): ”Nothing
in this article shall prevent the State from making any special provision for
women and children.”
Article 239 : Education in the Union
Territories:
“Entry 13: Educational and cultural relations with foreign
countries
Challenges to fulfill
the constitutional obligations: freedom, justice, equality, fraternity and
education
Challenges
Poverty,
illiteracy Gender Discrimination Casteism, Communalism, Religious
Fundamentalism, Regionalism, Corruption, Criminalization of Politics, Political
Violence
Corrective Measures
·
Universal Literacy ‘Education for All’
Sarva Shiksha Abhiyan.
·
Poverty Alleviation rural development:
·
Elimination of Gender Discrimination
The
73rd and 74th Amendments of Indian Constitution in 1993
are the milestones in the process of political empowerment of women. These
Amendments have reserved one-third of the seats in the Panchayati Raj
Institutions, Municipalities and Municipal Corporations. Another significant
development has been the adoption of the National Policy for Empowerment of
Women in 2001, the overarching goal of which is to “bring about the
advancement, development and empowerment of women.” But a lot needs to be done
to attain this goal.
Challenges to fulfill
the Constitutional Freedom and education
Article
19: It guarantees the following six freedoms:
- ‘Freedom of speech and expression’ that allows an
individual to take part in public activities. Though the words,
"freedom of press" have not been mentioned in Article 19,
freedom of expression also encompasses ‘freedom of press’. However,
reasonable limitations can be imposed to maintain the public order and to
protect the decorum and ethics of the State.
- ‘Freedom to assemble peacefully’ without arms, though
again the State can enforce rational limitations to maintain public order
and the autonomy and integrity of India.
- ‘Freedom to form associations or unions’ along with
certain restrictions enforced by the State in the interest of public
order, morality and the sovereignty and integrity of India.
- ‘Freedom to move freely throughout the territory of
India’, subject to certain restrictions to maintain the interest of the
general public. For instance, the state can restrict travelling or
commuting during epidemics to prevent it from spreading.
- ‘Freedom to live and settle in any part of the
territory of India’ which is also subject to certain limitations by the
State to maintain the interest of the general public or to safeguard the
rights of the native scheduled tribes and protect them from exploitation
and oppression.
- ‘Freedom to practice any profession or to carry on any
occupation, trade or business’ – here the state may impose justified
limitations to protect general public. Thus, nobody according to Indian
Constitution has the right to run a business which is hazardous or
corrupt. Again, to practice any
profession or carrying out any particular business, professional or
technical qualifications may be prescribed
Challenges to fulfill
the Constitutional Justice and education
The
term ‘justice’ in the Preamble embraces three distinct forms- social, economic
and political, secured through various provisions of Fundamental Rights and
Directive Principles. Social justice denotes the equal treatment of all
citizens without any social distinction based on caste, colour, race, religion,
sex and so on. It means absence of privileges being extended to any particular
section of the society, and improvement in the conditions of backward classes
(SCs, STs, and OBCs) and women. Economic justice denotes on the
nondiscrimination between people on the basis of economic factors. It involves
the elimination of glaring in equalities in wealth, income and property. A
combination of social justice and economic justice denotes what is known as
‘distributive justice’. Political justice implies that all citizens should have
equal political rights, equal voice in the government. The ideal of justice-
social, economic and political- has been taken from the Russian Revaluation
(1917).
Under Article 46 of
the Constitution, the federal government is responsible for the economic and
educational development of the Scheduled Castes and Scheduled Tribes
It states. “The
state shall promote with special care the educational and economic interests of
the weaker sections of the people and in particular, of the Scheduled castes
and Scheduled Tribes and shall protect them from social injustice and all forms
of exploitation.” It is one of the Directive Principles of State Policy.
6. Equality of Opportunity in
Educational Institutions:
Article 29(1) states
“No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds, on grounds only of
religion, race, caste, language or any of them.”
The Fundamental
Rights of the Indian Constitution has also adopted the fourfold ideal of
justice, Liberty, Equality and Fraternity. Our Constitution laid down that in
the eyes of law, everyone should have an equal status, to no one the justice be
denied, everyone should have liberty of thought, expression.
The fundamental
right of equality clearly signifies that in the eyes of law no distinction can
be made on the basis of any position, caste, class or creed. Side by side the
right of equality of opportunities to all is also provided. The equality of
opportunity is meaningless, unless there are equal opportunities for one’s
education.
Our Constitution had
all the ingredients required for the establishment of Sovereign Democratic
Republic in all the citizens, irrespective of caste, creed and colour have
equal rights. The adoption of the fourfold idea of Justice, Liberty, Equality
and Fraternity in our Constitution has really been incorporated for the elimination
of social inequalities, economic disparities and political privileges.
Our Constitution
laid down that in the eyes of law everyone should have an equal status, to no
one the justice be denied, everyone should have liberty of thought, expression,
and to practice his own faith and belief, and the dignity of each individual
should be assured.
Constitutional Equality
and education
The
term ’equality’ means the absence of special privileges to any section of the
society, and provision of adequate opportunities for all individuals without
any discrimination. The Preamble secures at all citizens of India equality of
status an opportunity. This provision embraces three dimensions of equality-
civic, political and economic.[5] The following provisions of the chapter on
Fundamental Rights ensure civic equality: 9/14/2019 Concept Of Social Justice
Under Indian Constitution
www.lawyersclubindia.com/articles/Concept-Of-Social-Justice-Under-Indian-Constitution-3685.asp
3/13 a) Equality before the Law (Article 14). b) Prohibition of discrimination
on grounds of religion, race, caste, sex of place of birth (Article 15). c)
Equality of opportunity in matters of public employment (Article 16). d)
Abolition of untouchability (Article 17). e) Abolition of titles (Article 18).
The preamble of our
Indian constitution secure to all its
citizens like
Justice, Social,
economic and political, liberty of thought, expression, belief faith and
worship, equality of status and of opportunity; and to promote among them all:
The adoption of the fourfold idea of Justice, Liberty,
Equality and Fraternity in our Constitution has really been incorporated for
the elimination of social inequalities, economic disparities and political
privileges.
Our Constitution had
all the ingredients required for the establishment of Sovereign Democratic
Republic in all the citizens, irrespective of caste, creed and colour have
equal rights. The adoption of the fourfold idea of Justice, Liberty, Equality
and Fraternity in our Constitution has really been incorporated for the
elimination of social inequalities, economic disparities and political
privileges.
Constitutional
Fraternity and education
Fraternity assuring
the dignity of the individual and the unity of the Nation, in our Constituent
Assembly, this 26th day of November, 1949, do hereby adopt, enact and give to
ourselves this Constitution.”
All these provisions
have vital significance for our Education. The Forty-Second Amendment, 1976
brought about drastic changes in the Indian Constitution. Before 1976,
Education as a whole was a State Subject and the Central Government used to
play only an advisory role. A lot of controversy continued for some time
regarding the constitutional provisions of education.
The persons
connected with educational administration felt that the Education should be the
joint responsibility of the Central and State governments. In 1976, this
controversy was put to rest by a Constitutional Amendment. The amendment which
is known as the Forty-Second Amendment of the Indian Constitution received the
assent of the President on December 18, 1976.
Accordingly,
education was put on the Concurrent list. The implications of making education
a concurrent subject is that both the Centre and the States can legislate on
any aspect of education from the Primary to the University level.
By having education
in the Concurrent list, the Centre can implement directly any policy decision
in the States. The amendment was suggested by a Committee headed by. S. Swaran
Singh. Education on the Concurrent list was put on the recommendations of the
Swaran Singh Committee in 1976.
This Committee said,
”Agriculture and Education are subjects of primary importance to country’s
rapid progress towards achieving desired socio-economic changes. The need to
evolve all-India polices in relation to these two subjects cannot be
over-emphasized.
This amendment makes
Central and State government equal partners in framing educational policies.
Union becomes supreme over states in enacting laws regarding education. The
executive power is given to the Union to give direction to the States. The
States have powers limited to the extent that these do not impede or prejudice
the exercise of the executive powers of the Union.
The Centre can
implement directly any policy decision in any State. National Institutions like
UGC, NCERT and National bodies like CABE have higher power and strength to
shape the Education of the country in all states.
Besides the above change in the Constitution, the Preamble of
Constitution enjoins two types of duties to the educators and the
administrators:
(a) To impart
education to the people so that they understand the principles or ideals
incorporated in our Constitution.
(b) To give
facilities of education to the citizens of this land and to provide equal
opportunities for social upliftment to all classes of the people.
From the above two
types of duties, it is revealed that educational opportunities for all must be
provided. Every individual must have equal chances of upliftment, development
and progress.
It is also very
clear that the directive principles emphasises the role of education. No amount
of effort on the part of the state can be successful unless the citizens are
educated. It is on account of this realisation that compulsory and free primary
education has been made a directive principle.
Let us conclude with
an optimistic note from the views stated by Dr. S.S Mathur in his book.’
Sociological Foundations of Education.’
“There is always a
wide gap between theory and practice. In theory our Constitution has given us
ideals, adherence to which may make our society one of the best in the world
and our country the most democratic and progressive. In practice it depends on
how the people and the government take up their implementation, so that a
welfare society may be created. For putting them in practice, the education of
the people is most vital. The people must understand the meaning of these
ideals and plan their living in keeping with them.”
RTE Act, 2009
The
Right to Education is recognized as a Human Right by United Nations and is
understood to establish an entitlement to free and compulsory education for all
children. The right to education is universal, absolute and enshrined in
international law through several conventions. As a mark of this, the Right of
children to free and compulsory Education act, 2009 which is known as RTE Act,
2009 has been inserted by the 86th amendment in December, 2002 and passed by
the parliament in July, 2009 and it was implemented on 1st April, 2010.
Major Features of RTE Act
Right to Free & Compulsory
Education
Right
to Free & Compulsory Education to every child of age 6 to 14 in a neighborhood
school from classes 1 to 8(Elementary Education). It gives special provisions
for children not admitted or who have not completed elementary education and Right of transfer to other school. RTE Act
2009 has been implemented in KVS w. e.
f. the year 2010-11
Duties of the Central Government
·
To develop framework of national curriculum.
·
To develop & enforce standards for
training of teachers.
·
To provide technical support &
resources to the state Governments.
Duties of Local Authority:
·
To provide free & compulsory
education to every child of 6 to 14 years with re-imbursement of expenditures
incurred upon on government schools.
·
Ensure that children belonging to weaker
& disadvantaged sections are not discriminated against.
·
Ensure good quality education through
proper infrastructure, quality teachers & learning equipments.
·
To also make necessary arrangement for
providing free pre-school education for children above 3 years to prepare for
elementary education.
Duty of Parents & Guardian:
The
Parents or Guardian gets their ward admission to elementary education in the neighborhood
school.
Responsibilities of School
·
To provide free and compulsory
elementary education to all children admitted.
·
To provide free & compulsory
elementary education to weaker section and disadvantaged group to the extent of
at least 25% of the strength of the class.
·
To provide such information as may be
required by the appropriate Government or the local authority, as the case may
be.
·
To take no capitation fee and no
screening for admission.
·
Should not deny admission for lack of
age proof though must ask for birth certificate issued by competent authority.
·
Should not hold back or expel any child
from any class till the completion of elementary education.
·
Shall not subject any child to physical
punishment or mental harassment.
Duties of Teachers:
· To
maintain regularity and punctuality in attending school.
· To
conduct and complete the curriculum.
· To
complete entire curriculum within the specified time.
· To
assess the learning ability of each child and accordingly supplement additional
instructions, if any, as required.
· To
hold regular meetings with parents and guardians and apprise them about the
regularity in attendance, ability to learn, progress made in learning and any
other relevant information about the child.
· To
perform such other duties as may be prescribed.
· Shall
not engage in private tuition or private teaching activity.
Pupil Teacher Ratio
For
classes I to V
·
30:1 (till 120 students)
·
40:1 ( from 121 to 200 students)
·
One-Head Teacher + Five Teachers (for
above 150 students)
·
In any case : pupil teacher ratio shall
not exceed 40:1
For
Classes VI to VIII
·
35:1
·
At least One Teacher per Class, One from
Science and Mathematics, Social-Studies and languages each.
·
Full time Head Teacher and part time
Instructors for Art education, Health & Physical Education and Work
Education.
Curriculum and Completion of
Elementary Education
·
To conform with values enshrined in the
Constitution.
·
For all round development of the child.
·
To build child's knowledge, potentiality
and talent.
·
To develop physical and mental
abilities.
·
To ensure learning through activities,
discovery and exploration in a child friendly and child centered manner.
·
To Instruct as far as practicable in
child’s mother tongue.
·
To make the child free of fear and
anxiety and helping the child to express views freely.
·
Comprehensive and Continuous Evaluation
(CCE) of child’s understanding of knowledge and his/her ability to apply the
same.
Examination and Completion
Certificate
·
No child shall be required to pass any
Board examination till completion of elementary education.
·
Every child completing his elementary
education shall be awarded a certificate, in such form and in such manner, as
may be prescribed.
Norms and Standards for a School
Building :
· At
least one class-room for every teacher and an office-cum-store-cum-Head
teacher’s room.
· Barrier-free
access.
· Separate
toilets for boys and girls.
· Safe
and adequate drinking water facility to all children.
· A
kitchen where mid-day meal is cooked in the school.
· Playground.
Minimum number of working
days/instructional hours in an academic year
·
Two hundred working days for first class
to fifth class.
·
Two hundred and twenty working days for
sixth class to eight class.
·
Eight hundred instructional hours per
academic year for first class to fifth class.
·
One thousand instructional hours per
academic year for sixth class to eighth class.
Minimum number of working hours per
week for the teacher:
· Forty-Five
teaching including preparation hours. Teaching learning equipment :
· Shall
be provided to each class as required. Library :
· There
shall be a library in each school providing newspaper, magazines and books on
all subjects, including story-books. Play material, games and sports equipment
:
· Shall
be provided to each class as required.
Admission Norms
·
As per Chapter IV 12(I) – The KVs shall
admit in Class I:
·
Admission to be granted for the children
under RTE Act as per admission guidelines.
·
At least 25% of the strength of that
class children belonging to weaker section and disadvantaged group in the
neighbourhood
·
No screening test to be conducted from
Class I to VIII
·
Selection process should be random (draw
of lot).
·
Children suffering from disability will
also be covered under RTE Act
The
Supports
·
Provide free and compulsory elementary
education till its completion.
·
No fee to be charged from the children
admitted under 25% of the quota
·
One set of NCERT text books for his/her
class to each child will be provided by the school and other expenses on
account of note books, stationary, uniform and transport will be reimbursed by
the parent on production of proper bills, as specified by MHRD
·
No children to be detained in any class
up to 8thstandard
·
The transfer certificate may not be
insisted for admission up to Class VIII.
ENSURING
RIGHTS
·
The protection of Right of children to
be ensured
·
NATIONAL& STATE LEVELS-The Right to
Education Protection Authority (RIEPA) has been constituted at National and
State level to monitor
·
VIDYALAYA LEVEL-Every school is advised
to form a committee to protect the child rights at Vidyalaya level.
·
No corporal punishment is to be imposed
on any child.
ADVOCACY
Centralized
The
Directors, ZIETs are requested to ensure the inclusion of modules on RTE Act
during In-service course programmes
Local
· Adequate training to be provided for the teachers on the act.
· The parent advocacy programme on RTE act may be taken up in every school.
The Expectation
·
All possibilities should be explored at
individual or organization level to extend a helping hand to every child so
that no hindrance comes in his/her way in getting education. It is a collective responsibility of the
educators, officers, principals, teachers, parents’ management and children to
implement the RTE Act in letter and spirit
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