Independent India paved way to a new epoch for children in the country. By the enactment of Indian Constitution in the year 1950, provisions dealing with the development and protection of children in India came into existence. These provisions are included both in Part III and Part IV of the Constitution pertaining to ‘Fundamental Rights’ and ‘Directive Principles of State Policy’.[1]
Important Constitutional Provisions that may have direct impact on children include:
Fundamental Rights
· Article 14: … shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
· Article 15: … shall not discriminate against any citizen… (3) Nothing in this article shall prevent the State from making special provision for women and children. (4) Nothing … shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
· Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.
· Article 21 A: … shall provide free and compulsory education to all children of the age of six to fourteen years…
· Article 23: Traffic in human beings and beggar and other similar forms of forced labor are prohibited…
· Article 24: No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Directive Principles of State Policy
· Article 39: … (e) … the tender age of children are not abused… and 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… protected against exploitation and against moral and material abandonment.
· Article 45: …provide early childhood care and education for all children until they complete the age of six years.
· Article 46: …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 the Scheduled Tribes,…
· Article 47: …raising of the level of nutrition and the standard of living of its people and the improvement of public health…
· Article 51A: … (k) … parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
In India, the constitutional provisions are guaranteed by the Fundamental Rights and Directive Principles of State Policy. Needless to say, India is one of the largest democracies in the world and it has a federal system of government and the States have their own government elected democratically. The Seventh Schedule of the Indian Constitution deals with the respective jurisdiction of the Central and State Governments over various subjects under the Union, State and Concurrent Lists. The survival, development and protection of children fall either in the Concurrent or in the State List. [2]
Apart from that various development programmes for children were carried out within the country under the Five-Year Plans in which some were wholly undertaken by the Central Government or the State Government and some by the co-operation of both.
In spite of these provisions, in India, children are exposed to more vulnerability where violations of their protected rights are still prominent in the society as a whole. Children are easily opened to various abusive activities like child labor, child trafficking and commercial sexual exploitation. According to 2001 Census, 12.6 million of Indian children are indulged in hazardous employment.[3] This throws light to the fact that, on a global standpoint, the Country has the most number of child laborers below 14 years. [4]
While one of the main reasons for increased child labor in India is considered to be poverty, there are lots of other underlying factors to be determined which includes social and sexual discrimination, awareness of parents to educate children, quality of education provided and understanding the value of education etc. Some states in India, like Bihar, Mizoram, Rajasthan and Uttar Pradesh has 60% or more drop out among girls prior to completing their basic five year primary education.[5]
It was only recently in the year 2002, by the 86th Constitutional amendment, India included right to education as a fundamental right under the Constitution.[6]
Right to Education Act 2009
It took more than 6 decades after Independence for India to clear the RTE Bill that is aimed to provide free and compulsory education for her young citizens. As all rights in Chapter 4 are not enforceable, this was made enforceable by incorporating Chapter 3 of the Constitution as Article 21. As per the 86th Constitution Amendment Act that added Article 21A, every child between 6 to 14 years of age has the right to free and compulsory education in India. This amendment is being given effect by the Right to Education Act [RTE] by the parliament of India on August 4, 2009. [7]
Key features of the Bill
According to the Act, government schools shall be administered by school management committees and these schools shall offer free education to every single child. Apart from that, private management schools shall admit a minimum of 25% children free of costs. In spite of this aspect, a National Commission of Elementary Education (NCPCR) shall come into existence in order to supervise different aspect of elementary education in India. Some of the important provisions of the Bill include:
· 25% reservation in private schools for disadvantaged children from the neighborhood, at the entry level; no seats shall be left vacant.
· Reimbursement of expenditure incurred by schools by the Government;
· There shall be no donation or capitation fee on admission;
· 8 years of elementary education near their neighborhood;[8]
· Education for disabled children also.
· Schools should have adequate infrastructure
· Stringent criterion for teacher’s qualification
· No interviews shall be conducted during the selection process for the child or parents.
· Establishment of primary schools within walking distance of one km of the neighborhood.
· No segregation in unaided and public schools for disadvantage children.
· Legally bound duty of Central and State governments to ensure free and compulsory education
· Free helpline by NCPCR to register complaints will be set up
The Bill also precludes certain aspects like:
· Physical punishment to children;
· Expulsion or detention of a child and;
· Development of teachers for non-educational purposes;
· Functioning of a school without recognition. [This shall result in penal action]
Criticism
As often addressed by critics the age stipulation made mentioned in the bill depicts about children above six years and below 14 years. It explicitly disregards the application of the Act to children below six years and above 14 years. Furthermore, government had failed to address associated issues like scarcity of educational staff, limitations of infrastructure, proficiency of teaching staff in the present schools etc.
Conclusion
To conclude, India has a long way to go in the field of education to children and weaker society than the rest of the countries in the world. On an analysis of the existing scenario, even though it took a far too long time frame, with the introduction of the RTE Act, India is aiming a revolutionary change in the existing educational system within the country which is highly appreciable though access to primary school still remains subtle even today.
Submitted by
Vinitha Prasannan
[1] Children in India and their Rights by Dr. Savita Bhakhry
[2] Children in India and their Rights by Dr. Savita Bhakhry
[3] http://www.unicef.org/india/children.html
[4] Ibid
[5] Ibid
[6] http://www.indg.in/primary-education/policiesandschemes/right-to-education-bill
[7] http://www.indg.in/primary-education/policiesandschemes/right-to-education-bill
[8] http://www.icbse.com/2010/education-rte-act-2009/
No comments:
Post a Comment