Research Topic

Understanding of Right to Education Act, 2009 with Specific Reference to Orissa: Problems and Challenges

By

Akriti Mishra

M.S. Ramaiah Law College

Bangaluru

Acknowledgement

It is my proud privilege to place on record my deep sense of gratitude to my supervisor Prof. Nandini Sen, School of Rural Management KIIT, Bhubaneswar, Orissa. It would not have been possible for me to complete this piece of work without her guidance and constructive feedback.

I am also grateful to Mr Onkar Nath Tripathi, KIIT University, Bhubaneswar, Orissa for providing necessary facilities and academic inputs for this research work.

I am grateful to Head Master of the schools, teachers and parents who acted as my respondents. I solicit the kind cooperation of Officers of Orissa Primary Education Programme Authority (OPEPA), Bhubaneswar.

I convey my sincere thanks to Mr. Raj Kumar Mishra, Ms Pushpa Rani Parida, Ms Banita Mohapatra for their kind help in completing the project specifically in data collection.

I owe a lot to my parents Mrs Nisha Mishra and Prof. A.K.Mishra for her tremendous forbearance and support.

Date:11.08.2011 Akriti Mishra

Bhubaneswar

Contents

  1. Introduction ------1
  1. Review of Literature ------16
  1. Methodology ------21
  1. Findings and Analysis ------23
  1. Bibliography ------39
  1. Annexure ------40

LIST OF TABLES

1. Table-1 : Table 1. Important Socio- Economic and Educational Statistics of Orissa

2. Table 2. Important Elementary Education Statistics of Orissa

3. Table 3: Profile of the Schools and Respondents

4. Table 4: Information Relating to Infrastructure as Reported by the Head Masters

5. Table 5: Information Relating to Infrastructure as Reported by the School Teachers

6. Table 6: Information Relating to Free and Compulsory Education as Reported by the

Head Masters

  1. Table 7: Information Relating to Free and Compulsory Education as Reported by the

School Teachers

8. Table 8: Information Relating to Responsibility of Schools and Teachers as Reported by Head Masters

9. Table 9: Information Relating to Curricullum and Completion of Schools and Teachers as Reported by Head Masters

10. Table 10: Information Relating to Curricullum and Completion of Schools and Teachers as Reported by School Teachers

11. Table11: Information from Parents

LIST OF ABBREVIATIONS

SDP------School Development Plan

SMC------School Management Committee

PTA------Pupil-teacher Association

RTE ------Right to Education

SSA ------Sarva Shiksha Abhiyan

OPEPA------Orissa Primary Education Programme Authority

UPA------United Progressive Alliance

CHAPTER ONE

Introduction

I.Background

The preamble of the Universal Declaration of Human Rights recognises the inherent dignity and of the equal and inalienable right of all members of the human family as the foundation of freedom, justice and peace in the world. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. The people of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.

The General Assembly of the United nations proclaims the Universal Declaration of Human rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1 of the declaration says all human beings are born free and equal in dignity and rights. They are endowed with reasons and conscience and should act towards one another in a spirit of brotherhood. Further article- 26 says:

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

The Universal Declaration of Human Rights acted as a source of inspiration to many countries to enact and implement Right to Education Act. Thus, education has been treated as the Human Right.

1.1. Education as a Human Right

Adoption of Universal Declaration of Human Rights in 1948 paved the way for education to be formally recognized as the human rights. This has been recognized and got its due importance after a series of global human treaties. Prominent amongst them are : Convention against Discrimination in Education in 1960 by UNESCO, the International Covenant on Economic, Social and Cultural Rights(1966) and the Convention on the elimination of all forms of Discrimination against Women(1981). These and many other international forums gave sufficient encouragement to different countries to consider education as human rights. These international events made many countries to think and go ahead and take the responsibility to provide free and compulsory primary education for all children in their countries. This has been done because aim of education is to promote personal development, strengthen respect for human rights and freedoms, and enable individuals to participate effectively in a free society. Its aim is also to eliminate social evils like discrimination at all level of educational system and to set minimum standards and norms to improve quality. Education has social, economical, political and economical perspective.

1.2. Education Scenario in India

After independence, India inherited a legacy of illiteracy at a larger scale. There was no proper provision for education for the people who were freed from British rule. This is well evident from the first census report in the year, 1951, which shows only nine percent of women and twenty seven percent of men were literate. This observation forced Government of India to make intensive and fruitful efforts in providing free and compulsory education to all children up to the age fourteen by the year 1960. Even today, this goal could not be achieved. No doubt, some progress has been made but not up to the level of satisfaction. Some studies shows that about 20% of Indian children between the ages of six to fourteen are not enrolled in the school. Attendance rates among admitted students are not encouraging. Around 26% of students enrolled in primary school drop out before the completion of class V. The situation is worse among the children who live below poverty line or who are poor. Children belonging to rural areas do not get easy access to the education. Girls in many places are not encouraged to avail education as their parents do not allow them.

There are many barriers to universal primary education in a country like India. The barriers are:

  • The population of the country is over one billion and a major share of the population lives in poverty.
  • Physical distance is also a bottle neck for the universalistion of elementary education in a large country like India. Specifically in rural India, non- availability of schools in near by areas hampers the initiatives to provide education to all.
  • Social believe that learning in a school are not relevant to their lives. Some parents rather feel to engage their children in work to earn money.
  • Existence of gender gap in the society. Among the children not enrolled in the school are girls (around 60%). This clearly indicates gender disparity. This is mainly due to the believe that education is not needed for the girls.
  • Child labor is another potential barrier for the universalisation of elementary education. Many children basically from below poverty line families are sent to work for earning money to supplement family income.
  • Lack of facilities in the schools like lack of infrastructure, teaching aids, class rooms, toilets, drinking water etc.
  • Lack of minimum teachers in the schools discourage children to attend schools.

Some Indian states are also suffering due to these barriers. One of the states is Orissa. Its geographic position, economic conditions of the people is main barriers for the education for all in the state. Some of the details about the state are given in the following paragraphs.

1.3. Status of Education in Orissa: Some Facts

Orissa is a state located in the eastern part of the country. Adjoining states are Madhya Pradesh, Chattisgarh, Bihar, Jharkhand, West Bengal, and Andhra Pradesh. Administrative capital of the state is Bhubaneswar. The state has 30 administrative districts. Capital city of the state is Bhubaneswar. The population of the state as per 2001 census is about 3, 67, 06,920 and population density is 236. Sex ratio (female per 1000 males) is 972. Literacy rate of the male is 75.95% and female is 50.96%.

Table 1. Important Socio- Economic and Educational Statistics of Orissa

1. / Capital / Bhubaneswar
2. / Geographical Area / 155,707
3. / Administrative Districts / 30
4. / Population density / 236
5. / Total population / 3,67,06,920
6. / Literacy rate / 63.61%(male-75.95% and female-50.96%)
7. / Lowest literacy rate district / Malkangiri (31.26%)
8. / Highest literacy rate district / Khurda which includes Bhubaneswar(80.19%)
9. / Highest female literacy rate district / Khurda (71,06%)
10. / Lowest female literacy rate district / Nabrangpur (21.02%)
11. / Population growth rate (1991- 2001) / 16.3%

As per the data presented in the table-1, among the districts, Malkangirir has the lowest literacy rate of 31.26%. Khurda district which includes Bhubaneswar city , has the highest literacy rate of 80.19%. This district has the highest female literacy level of 71.06%.

Table 2. Important Elementary Education Statistics of Orissa

Sl. No / Statistical Indicators / 2005-06 / 2009-10
1. / No of recognized schools imparting elementary education / 51,881 / 56,773
2. / Ratio of primary to upper primary schools / 2.72 / 2.40
3. / Pupil-teacher ratio in primary schools / 37 / 32
4. / Enrollment in class I-V / 4616412 / 4366931
5. / Enrollment in class VI- VIII / 1225781 / 1622581
6. / % of underage children at primary level / 19.57 / 16.76
7. / % of underage children at upper primary level / 37.07 / 28.15
8. / Retention rate at primary level / 62.03 / 77.51
9. / % of schools having girls toilets / 12.40 / 28.95
10. / % of schools having computers / 11.42 / 14.06
11. / % of schools having boundary wall / 65.32 / 57.61
12. / % of schools having drinking water / 82.84 / 86.37
13. / Average no of class rooms in primary schools / 2.7 / 2.6
14 / Average no of class rooms in all schools / 3.2 / 3.5

Source: Flash Statistics 2005-06 and 2009-10, Elementary Education in India, National University of Education Planning & Administration

Important statistical data relating to elementary education in Orissa of five years between 2005-06 to 2009 -10 have been presented in the table-2. According to the presented data in the table-2, No of recognized schools imparting elementary education in the state was 51,881 in 2005-06 and 56,773 in 2009-10. The figure shows an increase of about 4892 schools in five years. Ratio of primary to upper primary schools is 2.40 in the year 2009-10 as compared to 2.72 in the year 2005-06. Enrollment in class I-V is 4366931 as compared to 4616412. But enrollment in class VI-VIII has been increased by 396800 during these five years. Further, the retention rate has been increased by 15.48 at primary level during these five years. The figures in the table show an increase of girl’s toilets, computer facilities, and drinking water during these five years. Similarly average number of class rooms in primary schools and all schools during these five years have been increased. No doubt the enhancement is not up to the level of satisfaction.

In order to overcome, barriers of universalisation of elementary education, Government of India launched many initiatives and policies. The latest act implemented is the Right of Education Act, 2009. Next Section deals with the historical account of enactment of Right to Education Act, 2009.

1.4. Right to Education : An Historical Account

The Right to Education Act came to its present form after the concerted efforts of many groups and agencies in the country. The first law on compulsory education was introduced by the State of Baroda, in 1906. This law provides education for boys and girls in the age group of 7-12 years and 7-10 years respectively. In 1911, Gopal Krishna Gokhle unsuccessfully moved a Bill for compulsory education in the Imperial Legislative Council. The Legilative Council of Bombay was first amongst the provinces to adopt a law on compulsory education. In spite of all these efforts universalisation of education in the country was poor due to lack of control over resources. Thereafter, National Policy on Education, 1968 was formed and implemented. It was the first official document evidencing Indian Government’s commitment towards elementary education. Thereafter, the country witnessed the National Policy on Education in the year 1986. In this policy also , Right to Education was not recognized. Again, emphasis was given universalisation of elementary education. In the year 1990, the policy was reviewed by the Acharya Rammurthy Committee . The committee recommended that right to education should be included as a fundamental right in Part III of the constitution. However, this recommendation was not implemented immediately. But, on the basis of the committee’s recommendation, National policy on Education , 1992 was formulated.

In 1992, in the case of Mohini Jain Vs State of Karnataka, the Supreme Court of India held that ‘ right to education is concomitant to fundamental rights enshrined under Part III of the constitution and that every citizen has a right to education under the constitution. Subsequently, in the case of Unnikrishnana, J.P. Vs State of Andhra Pradesh, the Supreme Court held that “ though right to education is not stated expressively as a fundamental right , it is implicit in and flow from the right to life guaranteed under article 21 and must be construed in the light of the Directive Principles of the constitution. Thus, ‘ right to education, understand in the context of Article 45 and 41 means (a) every child/ citizen of this country has a right to free education until he completes the age of fourteen years and (b) after a child / citizen completes 14 years , his right to education is circumscribed by the limits of the economic capacity of the State and its development. The landmark judgments of the Honbl’e Supreme Court and initiatives from many other agencies had forced the government take initiatives in this direction. In fact, Government of India has launched many of programmes for strengthening elementary education in the country. Prominent amongst them are District Primary Education Programme (DPEP) of 1994. Subsequently, in 2001 for spreading elementary education in India , Government has launched ‘ Sarva Shiksha Abhiyan (SSA).” These programmes were aimed at making elementary education accessible to children of the age six to fourteen years old. Elementary education has been defined as classes I through VIII. In 2002, Indian constitution was amended which states that the state shall provide free and compulsory education to all children of the age of six to fourteen years. This is the 86th amendment of the constitution.

In 2005, a draft Right to Education Bill was circulated but could not get its final shape because of the apprehension that Government may not be able to bear the high financial costs involved in implementing the act all throughout the country. Later on the bill was placed before the Rajya Sabha in December, 2008. The Bill was then returned to a Standing Committee on Human Resource Development. After the formation of UPA II Government , the bill was finally passed by the Rajya Sabha on 20th June, 2009 and by the Lok Sabha on 4th August, 2009.The Right of children to Free and Compulsory Education Act, 2009 received assent of the President of India on 26th August, 2009.

1.5. Salient Features of the Right to Education Act, 2009

Chapter I (Preliminary)

  • It shall extend to the whole part of the India except Jammu and Kashmir ( Section 1.2).
  • In this chapter meanings of the appropriate government, capitation fee, child, child belonging to disadvantaged group and weaker section, elementary education, guardian, local authority, National Commission for protection of Child Rights, notification, parents, prescribed, schedule, school, special category, State Commission for Protection of Child Rights are clearly mentioned( Section 2.a to 2.g).

Chapter II ( Right to Free and Compulsory Education)

  • Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighborhood school till completion of elementary education ( Section 3.1).
  • No child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education (Section3.2).
  • A child above six years of age has not been admitted in any school or through admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age( section 4).
  • Where in a school , there is no provision for completion of elementary education, a child shall have the right to seek transfer to any other school excluding the special schools(Section 5.1).

Chapter III (Duties of Appropriate Government, Local Authority and Parents)

  • Appropriate government and the local authority shall establish, within such area or limits of neighborhood, as may be prescribed, a scool, where it is not so established, within a period of three years from the commencement of this Act( Section6).
  • The Central Government and the State Governments shall have concurrent responsibility for providing funds for carrying out the provision of this Act( Section 7.i).
  • The Central government shall develop a frame work of national curriculum with the help of academic authority( Section 6.a); develop and enforce standards for training of teachers (Section 6.b); provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building( Section 6.c).
  • The appropriate government shall provide free and compulsory elementary education to every child ( Section 8.a); ensure compulsory admission, attendance and completion of elementary education by every child of the age six to fourteen years(Section 8.b); ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any ground( Section 8.c); provide infrastructure including school building; teaching staff and learning equipments (8.d); ensure and monitor admission, attendance, and completion of elementary education by every child.

Chapter IV (Responsibilities of Schools and Teachers)