The errors in the bill of the right to education
Posted on July 6th, 2009 in College degree, Degree News, Online Option
Minister Kapil Sibal Mientras plan human resource development has attracted reactions 100 days – we have to congratulate you for taking bold steps to break
the Board examinations of Class X and proposing the creation of a board of accreditation of schools. The minister also promised to uphold the right of children to free and compulsory education bill, which aims to make education a fundamental right of all children in the age group six to 14 years, however, serious consideration needs. In his avatar this bill suffers from important gaps that must be duly considered, before its promulgation. Some of the main defects are:
• Children in the age group 0-6 years is not
The Supreme Court of the decision in Unnikrishnan 1993, gave all children up to age 14 on the fundamental right to education. The court held that the fundamental right to life (Article 21) of the Constitution should be read in “harmonious construction” of the directive in Article 45 to provide free and compulsory education for children 0-14 years including children from the age of six years. However, the 86th Amendment to the Constitution, law, section 21A limits the fundamental right to education of 6-14 years, and this law even more serious for this mistake not to recognize the importance of the early years. The conflict with the commitment of India in Jomtien (1990), recognizing the expansion of early childhood development activities in the framework of “Education for All “goals. Overall, the recognition that the early years are the years most critical for development. This recognition comes from several areas, including evidence of brain research that” … neurological disorders and ways biological processes that affect health, learning and behavior throughout life, are set in the early years … (Mustard, 2007). Research has noted that the closure in the early years can often lead to the irreversible reduction in brain development potential. In addition, research from around the world have demonstrated short-and long-term good quality early childhood development programs, particularly in the context of deprivation This leads to improved child health, cognitive ability and performance in school.
How a Bill was enacted six decades after independence and to make this big mistake? India can not afford to deprive the young 16-crore population of a right to nutrition, health and early childhood education enshrined in the Convention on the Rights of the Child, to which the India is a signatory. For 0-6 years not included in the bill, the country is also the promotion of gender discrimination, as is always the girl who is left to care for younger brothers and sisters, therefore deprived of their right to education.
• The bill fails to promote a school system and legitimate inequality through a multi-layer
The bill will be discussed in Chapter III, 6 (1) will be the responsibility of the state to provide free and compulsory education in a school district over a period of three years from the commencement of the bill. With the Millennium Development Goals set for 2015, India can not afford to wait that long and should be implemented within a maximum period of two years by the States.
While 6 (4) and (5) advocating that children should be subject to equitable education, as enshrined in the Constitution and the economic, social, cultural, linguistic, localization, barriers related to disability should not prevent a child to participate and complete their studies – there are no provisions to create a balance of necessary infrastructure for this task. Unless a school system, which covers all public and private aid unaided schools to effective control mechanisms to ensure the quality of education, the bill will not be able to answer their obligations. In addition, the lack of equity in the education system in the government, for example, Kendriya Vidyalaya, XI th Plan 6000 model schools or state governments “Pratibha Vidyalaya (Delhi), Utkrishta Vidyalaya (Madhya Pradesh) or boarding schools (Andhra Pradesh) – will be allocated special funds to be investigated and Equal funds made available to all schools to develop a common minimum standard. A program of quality standards is not in the bill and must be given importance.
In addition, the bill must strive to work against the creation of a parallel system and other discriminatory, non-formal education in which children are enrolled in the most adverse circumstances, for example, children the street, disabled children, etc., the bill must be categorical in schools flexible and ready to provide education to the diverse needs of children – for a “one size fits all” system of education persist.
• Teachers
Bill continues to propagate discrimination against students and teachers continue to be used for the census, elections and human rights disaster relief (Chapter IV, 23). It is an abrogation of the rights of children, particularly in disaster when they are in urgent need of education to give them a routine and “normalization.” In addition, the closure of schools during emergencies and disasters is a strong correlation with traffic and the “disappeared” children.
• Quality of education equitable
RTE bill includes the fair provision of quality education “as one of its objectives, but does not define” fair “unequivocal. The word “fair” quality should make reference to compliance with the minimum of administrative infrastructure (including those for teachers, library), financial, academic, educational, linguistic and socio-cultural. The bill clarifies the rules for the physical infrastructure (number of rooms, teachers, toilets, etc), but the expectations are not offered on the learning outcomes. Some words such as “A child may be in any grade or expelled from school until class 8,” not to pursue a policy of mandatory detention, but makes no reference to levels of learning children. In light of current levels of learning, as shown in the ASER Report (2009), the bill must have provisions for a database to capture the learning levels of children, with emphasis especially on first-generation students.
• Child labor
Although the bill prohibits any person to prevent a child from participating in primary education is not adequately addressed the issue of child labor. The bill was referred to the Child Labor (Prohibition and Regulation) Act, 1986 (number 61 of 1986) and emphasizes that no person shall employ or engage a child of another in a way that makes a working group of his son. However, the bill does not reflect the reality of the majority of poor children are employed in agriculture and the burden of household chores and caring for siblings. The bill must state categorically that all forms of employment and engagement, which retards the development of the child should be prohibited and Cognis crime.
• Disabled children
The draft law says that children with severe or profound disability (who) can not provide education in a school district, the right to receive alternative education in an environment that May be prescribed. “This is contrary to the principle of inclusion and not put the burden on the education system to meet the individual needs of children. Whereas, the bill requires that the terms of a school (teacher-student, buildings, etc.), decide on the necessary facilities for disabled children in schools (such as ramps, Braille readers, etc.). In this bill, “disability” has the meaning assigned by law on disability in 1995, which does not include other persons with disabilities, as defined in the National Heritage Act, 1999 (autism and cerebral palsy).
While the enactment of a law on right to education a fundamental right is necessary because the goal of universal primary education has been difficult despite being a guiding principle for more than five decades, it is important that the Bill takes into account all the resources of these gaps.
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