Law Commission Report
Free And Compulsary Education For Childern
LAW.COMMISSION OF INDIA ONE HUNDRED SIXTY FIFTH REPORT ON FREE AND COMPULSORY EDUCATION FOR CHILDREN NOVEMBER, 1998 JUSTICE B. P. JEEVAN REDDY Chairman, Law Commission of India NEW DELHI 110011 TF1. .'30lS'~3G5 Dated 19/11/1003 F.N0.G(3)(48)/98-LC(LS) Dear Dr. M. Thambi Durai, I am sending 165th report on "Free and Compulsory Education for Chiidren". 2. The Law Commission had taken up the aforesaid subject suo motu having regard to the Directive Principie of the Constitution of India as well as decision of the Supreme Court of India. Education is essentiai for a11. This is fundamentai to our a11--round deveiopment materiai as we11 as spirituai. Education is quint-essential for economic, sooiai and human deveiopment. It aiso ieads to better heaith care. smaiier famiiy norms, greater community and poiiticai participation, Tess income inequaiity and a greater reduction of absoiute poverty. 3. The Commission had prepared a detaiied note on free and oompuisory education for ohiidren together with a draft Bi11 for a centrai iegisiation on which it aiso obtained views of the Ministry of Human and Resources Deveiopment, Department of Education, Government of India. The Commission has oarefuiiy considered various issues in the Tight of the comments received from the Department of Education as weii as other avaiiabie materiais, suggestions made by other bodies, committees or conferences in the field of education. The Commission has made recommendations on the subject under Chapter VI of the report emphasising the need for immediate centrai Tegisiation to give effert to the right to -education without waiting rnr tho constitutionai amendment to go through in Pnriiamnnr. A Biii is aiso appended to this report for this purpose. with regards. '(mu -'V. ~:iui«_'_-3-i -91), L,, r I It I ~ 'W'. v\ (//',.__ t 1f. . (B.i7. .h9ovauu Rc~LJy) Dr. M. Thambi Durai, ' Minister of Law, Justice & Company Affairs, Govt. of India, ".i'.«"--"~.l.ri R|'u.'wmI'n, No-'ml Huiilii . LAW COMMlSS|ON OF INDIA SHASTRI BHAWAN NEW DELHI - 110 001 TEL. : 3384475 Residence : 1, JANP»: TH CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI ANNEXURE A ANNEXURE B INDEX CONTENTS INTRODUCTION CAUSES OF DENIALI OF EDUCATION TO CHILDREN IN OUR COUNTRY . RIGHT A TO EDUCATION IN INDIAN CONSTITUTION AND INTERNATIONAL COVENANTS ATTEMPTS MADE FOR IMPARTING PRIMARY EDUCATION TO CHILDREN IN SOUTH ASIA NATIONAL POLICIES AND PROGRESS MADE IN REALISING THE OBJECTIVE IMPLEMENTATION OF THE RIGHT TO EDUCATION: RECOMMENDATIONS OF THE LAW COMMISSION FREE AND COMPULSORY EDUCATION FOR CHILDREN BILL, 1998. LIST OF ACTS PERTAINING TO SUBJECT PI\(IF-IS 14-21 22-36 37-44 65-85 86-98 99-101 lUJJflJDU9]JlNi 1.1 Genesis of the report:- The issue concerning provision of free and compuisory education to all chiidren upto the age of 14 years, a cherished goai set in the Constitution of India, was taken up by the Law Commission of India for consideration suo motu. 1.2 Importance of the subject:-- In our nationai perception, education is essentiai For aii. This is fundamentai to our a11-round deveiopment, materiai as we11 as spirituai. Education has an accu1turatiQg roie. It refines sensitivities and perceptions that contribute to nationai cohesion, scientific temper and independence of mind and spirit -- thus Furthering various goais set out in our Constitution. In sum,' education' is a unique investment in the present and the future. This cardinai principie is the key to the Nationai Poiicy on Education'- VI! 'U 0 A (J .11 ---J /I 3 1.2.1 The Human Deveiopment Centre in its r highiights the importancefof education by observing:-- (Education is criticai for economic and sociai deveiopment. It is crucial for buiidihg human capabilities and for opening opportunities. It is the true essence of human deveiopment. without education, deveiopment can be neither broad--based nor sustained. The importance or education was fuiiy recognised by ciassicai economists such as Adam Smith, John Stuart Miiis, Kari Marx and Aifred Marshaii and has been reconfirmed by recent writers such as Schuitz, Becker, and Amartya Sen. Aifred Marshaii in the Principies of Economics (1890) observed as foiiows: "The wisdom of expending pubiic and private Funds on education is not to be measured by its dinect Fruits I I tment, to inv II- II: aione. It wiii be profitabie as a mer give the masses of the peopie much greater opportunities, than they can generaiiy avaii themseives of. For by this means many, who wouid have died unknown, are abie to get the start needed for bringing out their iatent abiiities. 'The most vaiuabie of a11 capitai is- that invested in human beings:'" Frederick Engeis in Speeches in EiJ9if9id (18433 remarks "the first [measure] wouid be the generai education of aii chiidren without exception at the expense of the state--an education which is equai For ail and continue» unuii nnm inmivifluni In nahnhim HP ummnylnu as an independent member of society. Every man has the right to the fuii deveiopment of his abiiities and society wrongs individuais twice over when it makes ignorance a necessary consequence of poverty. It is obvious that society gains more from educated than from ignorant, uncuitured members." "The education is not mereiy a means better income and empioyment opportunities for individuais or For higher economic growth potentiai for their nations. The sociai benefits of education spread in many directions. Education ieads to better heaith care, sma11erl famiiy norms, greater community and poiiticai participation, iess income inequaiity, and a greater reduction of absoiute poverty. The roie of education in removing poverty is decisive. No educated society can remain poiiticaiiy, sociaiiy or economicaiiy repressed For iong. Education is a basic component of sociai cohesion and national identity."3) 1.2.2 The importance of education may be set out beiow whiie quoting the reievant passages from yghikrishnan, J.P. v. State of Andhra Pradesh,4 "The immortai Poet Vaiiuvar whose Tirukkural wi11 surpass a11 ages and transcend ail reiigions said of education: "Learning is exceiience of weaith that none destroy; To man nought e1se~affords reaiity of joy." Therefore, the importance of education does not require any emphasis. The fundamenta1 purpose of Education is the same at aii times and in a11 piaces. It is to transfigure the human personaiity into a pattern of perfection through a synthetic process of the deveiopment of the body, the enrichment of the mind, the subiimation of the emotions and the iiiumination of the spirit. Education is a preparation for a iiving and for Iife, here and hereafter. An old Sanskrit adage states: "That is Education which ieads to liberation" -- iiberation from ignorance which shrouds the mind; iiberation from superstition which paraiyses effort, iiberation from prejudices which biind the Vision of the Truth. In the context of a democratic form of Government which depends for its sustenance upon the enlightenment of the popuiace, education is at once a social and poiiticai necessity. Even severai decades ago, our ieaders harped upon universai primary education as a desideratum for nationai progress. It is rather sad that in this great iand of ours where knowiedge first iit its torch and where the human mind soared to the highest pinnacie of wisdom, the percentage of iiiiteracy shouid be appaiiing. Today, the frontiers of knowiedge are eniarging with incredibie swiftness. The Foremost need to be satisfied by our education is, therefore, the eradication of iiiiteracy which persists in a depressing measure. Any effort taken in this direction cannot be deemed to be too much. Victories are gained, peace is preserved, progress is achieved, civiiization is bui1t up and history is made not on the battiefieids where ghastiy murders are committed in the name of patriotism, not in the Councii Chambers where insipid speeches are spun out in the name of debate, not even in factories where are manufactured novei instruments to strangie iife, but in educationai institutions which are the seed--beds of cuiture, where children in whose hands quiver the destinies of the future, are trained. From their ranks wi11 come out when they grow up, statesmen and and phiiosophers, who wi11 soidiers, patriots determine the progress of the 1and.... "...The importance of education was emphasised in the 'Neethishatakam' by Bhartruhari (First 'Century 8.C.) in the foT1owing words: "Trans1ation: Education is the specia1 manifestation of man; Education is the treasure which can be preserved without the fear of ioss; Education secures~'materia1 pieasure, happiness and fame; Educaticni is the teacinm «hr the Leatlwwfi Education is God incarnate; honour at the hands or the State, EULIC-E\t'iC)H 8&H3LH'E9S not money. A man without education is equai to animai." "The Fact that right to education occurs in as man} as three Articies in Part--IV viz., Articies 41, 45 and A shows the importance attached to it by the Founding Fathers. Even some of the Articles in Part--III viz., Articies 29 and 30 speak of education. In Brown v. Board of Education (10fi3) 98 Law Ed 9 3. Eari Warren, C.J., speaking For the U.S. Supreme Court emphasised the right to edurntion in the foiiowing words: "Today, education is perhaps the most important Function of State and iocai governments, Compuisory school attendance iaws and the great expenditures For education both demonstrate 'our recognition of tie importance of education to our democratic society. It is required in the performance of our most bnsir responsibiiities, even service in the armed Fovres It is the very Foundation of good citizenship. Tfldfi} it is the principai instrument in awaieninn the ~hi1d to cuiturai vaiues, in prepflring him For Water professionai training, and in helping him in adjust normaiiy to his environment. In these davs "t s »'P .1. douhtfui any chiid may reasonahiy he , succeed in iife if he is denied the opportunit; of 3 education." In Wisconsin v.i¥' Yoder (iovci ?f |aw.Ed :4 is the court 'ecognised that: "Providing pubiic schools ranks at the very apex of the function of a State." nt III The said fact has aiso been affirmed by emin educationists of modern India iike Dr.Radhakrishnan. J.P.Naik, Dr.Kothari and others." 1.2.3 Imparting education has the benefits of various kinds to the society. It Ieads to broad economic and sociei benefits for individuais and for society for it heips in achieving higher productivity, iower infant and chiid mortaiity rates, and better heaith. ' Thece benefits :re greatest once primary education broadiy covers the popu1ation.5 1.2.4 Primary education ieads to better famiiy heaith, lower fertiiity and thus siower popuiation growth. 1.2.5 The worid Bank' Report conciudee from the survey of It' the economics and sociai outcomes of education in th foiiowing words:-- "First, the economic RHL sociai benefits of education are g'eatest when a criticai minimum ievei of educationai attainment has been achieved across the popuiation. Mass expansion of primary education that raises India's currentiy iow educationai attainment (averaging about 1.9 years for workers in 1981) to a threshoid of about» four to five yearn nr Fflmplfiféd primary education per worker could have hian payoffs -:8 :- in edonomic and sociai benefits. To reaiize these beneiits in the medium term, aii states wi11 need to And second, deveiop a soiid foundation or education. the benefits of education extend beyond individuais who receive schooiing directiy. Other members or ' 4 . . . socie&y aiso gain, through externaiities. The resuiting improvements in economic efficiency provide continuing justification for pubiic sector invoivement Primary schooiing offers in education. the greatest economic and sociai returns, foiiowed by secondary schooiing. On economic outcomes, the survey leads to five educational :'[I condiusions. First, the av rage attainment of the popuiatioh has H stinng pmGiriVW effect on economic growth.' An expioratory production function anaiysis suggests that For 1971-81 each one--year increase in the average schooling of the iabour Force was associated with an increase in of 13 percent. Second, in agricuiture, primary schoo1ing_aFrects productivity, speeds the adoption of green revoiution technoiogies, and acceierates growth where there are new technoiogicai opportnniries. Third, schooiing aiso produces e«terna1i_ies hi heiping to diffuse knowiedge about new technologies to unschooied Farmers. Fourth, 1H areas where schooiing access the Farm popuiation has reached a certain threshoid, the. potentiai efferts of an advance in agricuiturai technoiogy are more Fuiiy , 4--join-»_ 1.3 current words:-- realised. Fifth, private and sociai market returns are highest for primary and middie schooiing, and returns to primary schooiing are highest For 1ower--oaste graduates." Present soenario of Education as source of deveiopment The observations of the worid Bank point out the position as regards primary education in the Foiiowing "India's primary education g1ass is one-third empty. Having steadiiy raised primary enroiiment rates over the past four decades, India now has 67 miiiion chiidren ages 6-10 who are attending primary schooi, but 281 miiiion to 32 miiiiow primary-schooi-age ohi1dren who are not7." "....At Independence in 1947, Fewer than 15% of the adu1t popuiation was iiterate. 'Literacy grew s1ow1y over the next Four decades and in 1991 the Iiteracy rate for aduits (persons overage 7 (sic 17)) was 52%, which is we11 beiow rates in East Asian Economies when they began acceierated integration with world market. For exampie, in 1961, the Repuhiic or Korea's iiteracy rate was 71% and Thai1and's was 0819. V A,/' The Worid Bank Report points out9: "that India's education system is the serond largest in the worid. According to pouviaionai §LW'i§'iVM from the Sixth A11 India Education Survey, 98 mi11ion ch11dren were enroiied in 575,000 Iower primacy sohoois in 1993, another 34 mi11ion in 101,000 upper primary schoo1s, and 22 miilion in 90,000 secondary schoo1s (NCERT 1995). Rough1y 5 miiiion students were enro11ed in near1y 8,000 institutions at the tertiary 1eve1 (India, Ministry of Human Resource Deve1opment, 19940). In a11, 18 percent of India's popu1ation was 'enro11ed in schooi, up from 7 percent in 1951." 1.3.1 It is *evea1ed in the said report'° that enro11ment '1 has grown at a11 1eve1s since the 1950s. Thus in 1950--;1 students enro11ed in grades 1-5 and grades 0-8 were 20 mi11ion and Iess than 5 mi11ion respeotive1y and it has grown in 1990-91 to 100 mi11ion and 1itt1e above 20 miiiion in the said grades respeotive1y (as per the graph shown in the wor1d Bank Report under chapter 1 thereof). The said report projects that neverthe1ess, at ieast 32 mi11ion 0 poor rurai primary-schoo1-age chi1dren do not 'attend schooi even in States with high participation rates. Officiai primary schoo dropout rates were 99% for giris and 35% for boys. The Worid Bank report observes that though India has made much progress towards universa1 primary education and oouid achieve near1y 1': universai -- 95% - primary net enroiiment rate. by 2005, it 1 wi11 be at1east two decades 1ater than in nuvh rnunfries ms Indonesia and Maiaysia and three decades iater than in the / .1 Repubiic of Korea. no" 1.4 As yer the Nationa1 Human Rights Commissinn", a gioomy picture of the state of heaith and education emerges which may best be expressed in the words of the Commission itse1r:-- "2.14... Based on data contained in 1991 Census Report, 328.9 mi11ion Indians were i11iterate. Indeed, a report issued by the Ministry of Human - t-i'I.r'tt G '2) timat -[I -'[I a Resource Deveiopment in January 1997 e mi11ion chi1dren in the age group or 6-14 years are at p'esent not attending sohoo . As for heaith,' 13$ miiiion peopie had yeti to gain access to primary heaith care, whiie '22G miiiion were without R1F0 drinking water and 640 miiiion were without basic sanitation faci1ities; 88% of a11 pregnant women aged |[I I \3._ '-Ij 1/I between 15 and 49 suffered from anaemia. As r food and nutrition, there were 02 miiiion mainourished chiidren under the age of 5 years. [In respect of chiidren, neariy -one--third of those under the age or 16 were engaged in ohiid iabour -- many _in hazardous .
industries. In terms of poverty and income, nenriy one--third of the wor1d's poor live in Indin.... Inoreasingiy it beoomos evidont Ihil Ihn wti In improve the quaiity of iife of poopie is fn invest wisely and substantiaiiy in oduririnn ind hn1i!h_ In India, such investment is $ 14 per pe son per annum; in the Repubiio oF«Korea it is $ 160..." ,....
I n'\) 1 1.4.1 The Nationai Human Right; finmmieeioh'? o regarding chi1d iahour that the Central Guvuvnmwnt ha< fiulwn up a major programme to end nhi1d labour in rwcpw.r or "
mi11ion chiidren working in hazardous occupations by-the y9J' for which it is pronosed to aiiocate some Re.8F0 crovee by that vear. Under paragraph 5.10, it posec rho question is J. to how bhe country wi11 be preparer .ea1 with the much vaster rrobiem of ohiid iabour in other ocrupation; 55 we11 the estimate of those so working varying from H0 mi11ion re q ntwnbeo' nuu:h iiigihar.
D) :31
6. II) flQTE3 AND REFE ENE 3 F11 CHAPTER I flationai Po1icy on Edugapigu, 1986 l'T'l xcerpts quoted from Mahbub U1 Haq and Khadija Haq Human Deve1opment in South Asia, 1993, Chapter 2.
Ibid.
LAIR 1993 so 2175.
Worid Bank Report on Primary Education in India, Edn.1997, Chapter 2, pagq'30.
13., at p.50-53.
D-4 ., page 1.
d d., Chapter 1.
i-1 |r-1 I .0.
at page 16.
Ibid.
Nationa1_' Human Rights Commission, Annuai Report, 1996-97, paragraph 2.14.
Nationa1 Human Rights Commission, Annua1 Report, 1995-96, paragraph 5.9.
2.1.3. But in those days chiid Tabour was very QHARIERiII CAUSES OF DENIAL OF EDUCATION TO QflLLQREN_Ifl"QflR_COUNIRx" Various causes of iiiiteracy among chi1dren and aduits have been identified by many scho1ars. It wi11 be fruitfui to notice some of the principai ones as set out beiowz 2.1.1. Prevaience of chi1d 1abour:-- Chiid iabour is a socio-economic phenomenon. Iiiiteracy, ignorance, 1ow wages, unempioyment, poor standard of iiving, poverty, deep -ocia1 prejudices and apaiiing backwardness of the countryside are a11 cumuiativeiy the root causes of chiid labour. The direct consequence of ohi1d in iabour is that a chiid is denied the opportunity to seek education in a school. The schooi and 2.1.2. notion that chiidren shouid be sent to not be a part of the iabour force is a comparativeiy recent idea. A few hundred years ago chiidren in most Countries Cattie worked with their parents iooking after the crops and co11ecting fire--wood and fetching water and Food. It was oniy the chiidren. of the priviieged ciasses who were educated and thus abie to retain their position or power. different to what happened as a resuit of industriaiisntinn. II was based on the beiief that a chiid shouid contribute to the However, maintenance of the fami1y1"which was a sociai unit. after industria1isation chiidren started working in mines and factories and with machinery and chemicals. They worked for Tow wages and for Tong hours and were exp1oited, with great risk to their hea1th and we11 being. They a1so worked in cottage industries. It was on1y in 1284 that a Venetian statute forbade giass makers from empioying ohi1dren in certain dangerous branches of the giass making trade and only in 1396 that a Venetian ducai edict prohibited chi1dren under 13 from working in certain trades'. 2.1.4. As Myron weiner has observed3, it was on1y in the subsequent centuries that chi1dhood was discovered and chi1dren were "transformed from va1uabTe wage--earners to economicaT1y useiess but emotionaT1y priceTess objects. The transformation did not occur without considerab1e pub1ic debate and whi1e the upper and midd1e ciasses he1d this view of their own chiidren they did not readiiy appiy it to the chi1dren of the poor."
K) _L U1 Surprising1y, it was Vo1taire who wrote3 that "it is abso1ute1y necessary that a great proportion of mankind is destined to drudgery in the meanest occupations, that nothing but ear1y habit can render anest of people III it to1erab1e, and that to give the m (X. an education beyond the station in which Providence has assigned them is doing a rea1 injury". Eng1ish conservatives argued that schoo1ing was inappropriate for the working c1ass, whose chi1dren couid better acquire ski11s as apprentices. 2.1.6. It was in the 19th century that governments started to regulate conditions of empioyment for chiidren and took on the ro1e as protector of ohi1dren against emp1oyers and pa'ents. This attitupe was o1ose1y linked to the idea of education of' chiidren. As a resuit even poor parents were not a11owed to use their ohi1dren's Tabour instead of sending them to schoo At the end of the '19th century Japan became the first non-western« country to make e1ementary schooi education compu1sory. This was suocessFu11y Fo11uwnd by South Kuaon and Taiwan.
2.1.7. It was oniy when chiidren were viewed as "priceless" rather than "as an investment that attitudes started changing and ferti1ity_rates deo1ined. In order to ensure universai education it was-necessary to remove chiidren from the Tabour force and make them_ attend schoo1. ' This was poiitioaiiy contentious.' The-opposition to State intervention is based on m I)':
the CJHC9Dt of the rights and obiigations of the Stat- ver u the rights and obiigations of parents and the character of the economic order.
J 2.2. India is going through these debate- even today and the socio-poiitical forces,»are very much at piay. The main f argument against oompu1sory education is that chiid Tabour is 'State's necessary for the well being of the poor as the State is unable to provide relief. The second argument is that education would make the poor unsuited For the kind of manual work that is required to be done. The third argument is that certain industries would be forced to close down if they did not have the facility of the low wage child labour. The last argument against banning child labour and enforcing compulsory education is that the State should not be allowed to interfere in the parents' rights who know what is best for their children and Families.
2.2.1. Some people in India feel that society cannot _afford to do without the labour of children while the real question is whether we can afford to have child labour, illiterate clear It i In children and still talk of tomorrow's citizens'?
that compulsory elementary education cannot wait till poverty is totally eliminated. It is the child's constitutional right and the duty of the State to provide it. State intervention to remove children from the labour force and require that they attend school has always been politically contentious. The debate is endless. The family's need for money, the mother's need for help; the difficulties of the industry dependent on child labour, the View that education would make the poor unsuitable for the kind of manual work that is required, the resources, the children's need For education and the society's claim that the children should be "trained to intelligent citizenship".
2.2.2. The Figures of chiid iabour in India vary from 17 miiiion to 44 miiiion to 100 miiiion. A iarge percentage of these ohiidren work in cuitivation and agricuiture including 1ive--stook, fishing, piantations etc. and the unorganised sector. In the urban areas a iarge percentage works as domestic servants, rag--piokers, buiiding and construction 1 iabourers, in garages, dhabas and stone quarries et.. 2.2.3. The oonstitutionai mandate provides in Artioie 24 that io ohiid beiow the age of 14 years shaii be empioyed to work in any factory or mine or engaged in any hazardous empioyment. This artioie cannot be understoot as permitting empioyment of ohiidren in empioyments other than those mentioned in the artioie. This articie must be understood and interpreted in the Tight of the reievant Directive Principies of State Poiicy contained in Part IV of the Constitution, as heid by the Supreme Court in Unnikrishnan J.P.5. The Directive Principies provide in Artioies 39 (e) and (F) that the tender age or chiidren be not abused and citizens bewnot_Fo[oedWby" economic n ity to enter avooations unsuited gto__thejr""age_hor II:
C-9-S U1 strength and further that ohiidren be given opportunitieS"_3Wi faciiities to deve1oo_inmanWhea]thy manner and in conditions of freedom and- dignity and that_mQhijdhood_,and_ youth 'be protepted agajn§t_e5p1Qitatjon and against morai and material
- .8b§tD_!iQI.1l11§D_i;_;
2.2.4. Articie 41, one of the Directive Principies, provides for the right to education within the iimits of the State's economic capacity and deveiopment and Articie 47 requires the State to raise the 1eve1 of nutrition and the standard of Tiving and to improve pubiic heaith. 2.2.5. Articie 45 which is of utmost importance, provides for free and compuisory education for a11 chiidren tiii they compiete the age of fourteen years. The State has been enjoined to endeavour to provide this within a period of ten years from the commencement of this Constitution. Though this is aiso a Directive Principie it has now been raised by the II Supreme Court to a fundamentai right as per it' judgment in Unnikrishnan's case decided on 4th February, 1993.
Consequentiy the aboiition of chiid Tabour and the providing of free and compulsory education to chiidren, which are two sides of a coin, and are interiinked is a matter of great pubiic concern and one of the most important functions of the Indian State.
2.2.0. India has aiso made an internationai commitment to do so on 11th December, 1992 whiie ratifying the 1909 um *1 Convention on 'the rights of the chiid. The Government o India has, subject to resources, undertaken to take measures 4.4) 2 of th in to progressiveiy impiement the provisions of Articie Convention. This speciaiiy recognises the right of the chiid to be protected from economic expioitation and from performing V-
any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or vitiate his mental, spiritual, moral or social development. 2.3 The International Laboui Offlrw", has wHu«in«t13 framed the causes and forms of child labour. They state that the extent and nature of their work are influenced mainly by the structure of the economy and the level and pace of 2.3.1. In agrarian societies work by children is an integral part of the socialisation process and a means of transmitting in traditionally acquired skills from parent to child. To ome extent, comparable patterns are also Found in artisannl workshops and small scale services. Childten assist their parents in ancillary tasks, acquire skills and gradually Jecome fully fledged workers in Family establishments or trades. However, the ILO did not consider if rhild labour. In the view of the ILO, child labour as woih or employment situation is where children under the age of 15 are engaged on a more or less 'egular basis to earn a livelihood For themselves or their.Families7.
2.3.2. Causes attributable to child labour can be said to be poverty, low earning capacity of adults in rnmmnployment; large families coupled with l.uV hnnmne; child labour as a cheap commodity; non--existence of prQvlSlQH for compulsory education; illiteracy and ignorance of parents ducati n.
III C I about advantages of
0) FOOT-NOTES AND REFERENCES CHAETER-IL Myron weiner, The Chi1d and the Stgge in Indie; Second Edn., Chapter 6, page 110.
Id., at page 115.
Referred in igig.
Le11a Seth, The First Rosa11nd wi1son Memoria1 Lecture, India Internat1ona1 Ceptre_Quarter1y, winter 1993 page 79,85.
Unnikrishnan J,P., v. State gr ALEL, AIR 1993 SC 2178.
Internationa1 Labour Office, Geneva, Chi1d Labour: A bp!:_1'_e_.U.n9-.mmw_al. Pages 1 -2 - Id, at page, 11.
9flAPTERiII1 RIGHT To EDUCAIJON IN INDIAN QoNsIIIutIoN AND INIERNATIONAL QQ¥§LANI§ 3.1 Constitutional DLovisionsW_ conCerning"_ right __to educ-;io : It is necessary to refer to various provisions of the Constitution of India.
The Preamble promises to secure to all citizens of India "justice, social, economic and political" and "liberty of thought, expression, belief, faith and worship". It further provides "equality of status and of opportunity" and vo assures dignity of the individual. Articles 21, 38, 3 (a) and (f), 41 and 45 of the Constitution are reproduced hereunder:
"21. Protection of life and personal liberty. -- No person shall be deprived of his life or personal liberty except according to procedure established by law.
38. State to secure a social order For the promotion of welfare of the people. -- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
39. Certain principles of policy to be rOiiflNod hy the State. - The State shall, in particular, direct its policy towards securing --
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(f) that children are given 0|:-{iHZvi'l';|.iIiit.iF:'S 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.
41. ' Right to work, to education 'and to public assistance in certain cases. -- The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sicPness and disablement, and in»other cases of undeserved want. 3.2 Supreme education'
45. Provision for free and compuisory education for chiidren -- The State shaii endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compuisory education for «a11 chiidren untii they compiete the age of fourteen years."
In Mohini Jain (Miss) v. fitatew of _Karnataka', the Court expounded upon the import of 'right to by hoidingz education' "7. It is no doubt correct that 'right to as such has not been guaranteed as a fundamental right under Part III of the Constitution but reading the ....... provisions cumuiativeiy it becomes ciear that the framers of the Constitution made it obiigatory for the State to provide education for its citizens."
"12. "Right to iife" is the compendious e~pvession for aii those rights which the courts must enfwrrn because they are basic to the dignified enjoyment of 1ife.' It extends to the fuii range of conduct which the individuai is free to pursue. The right to education fiows directiy from right to Tire. The right to Tife under Articie 21 and the dignity of an individuai cannot be assured uniess it is accompanied by the right to education. The State Government is under to make endeavour to provide an obiigation educationai faciiities at aT1 Teveis to its citizens.
-125 :-
"13. The fundamental rights guaranteed under Part III of the Constitution of India incTuding the right to f"eedom of speech and exnaession and other rights under Articie 19 cannot be appreciated and Fuiiy enjoyed un1ess a citizen is educated and is conscious of his individuaiistio dignity.
"17. We hoTd that every citizen has a 'right to education' under the Constitution. The State is under an obiigation to estabiish educationai institutions to enabie the citizens to enjoy 'the said right. The State may discharge its obiigation through State--owned or State--recognised educationai institutions. when the State Government grants recognition to the private educationaT institutions it creates an agency to fu1fi1 its obiigation under the Constitution."
3.3 Extent of 'right to eduQation7_hjh__unnik[jshnanjs Q§§§;:
The' Constitution Bench in Unnikrishnanjs case? curtaiied the parameters of the right of education by hoiding:
"180... (1) The citizens of this country have a fundamentai right to education. The said right riows from Articie 21. This right is however, not an absoiute right. Its content and parameters have to be determined in the Tight of Articies A5 and A1. In ~:26 :-
other words every chi1d[gjtizen of this country has a right to free education unti1 he combietes the age of fourteen years. Thereafter his right to education is subject to the 1imite of economic capacity and deveiopment of the State."
3.4 Again in the case of UniveL§ity_oFMDeJhi__and_vAnother vs. _Shri Anarmi Varcflian Chgyyjajfi , tine Chmistitniricn» Rcwu:h reiterated the decision in the ynnihriehnan J.P.fi__nnd "Other; vs. gtate of A.P. and others by ho1ding --
"2 there is, therefore, no dispute trat the right to education is a fundamentai right to the extent it has been spe1t out by the Constitution Benoh in Unnikrishnan's case."
3.5 Iii Bantflggg__£LJ;gi*§Eu;:ha', the~.fiu|n-nun ruu:vr.lnid Ivuld that the Right to Life guaranteed by Article 21 does Lake in "eduoationa1 faoi1ities". In Qnni5Lighnan,"J,G5¢, it observe. that having regard to the fundamentai significance of education to the life of an individuai and the nation, and adopting the ~'easoning and Iogic of the enr1ier decisione of the court, it agreed with the statement in Bandhua__flg5t; Mrrcha, 'that the right to education is imh1ioit in and F1ows from the right to 1iFe guaranteed by Articie 214 further the right to education has been treated me who or rrnnarondontni importance in the iife of an individuai and this has been reu:.«:-gni_<r-d not oniy in this country szin-fie t'Ii-'»ns.~:m*--"Is of yeire. but aii over the wor1d.
3.0 Internationai covenants re1evant to the_§ubiecm: Since the days of the League of Nations, commitments for the protection of chi1dren have been projected in various internationaT treaties and decTarations. The Geneva Deciaration containing five principies was adopted on 26th must be given 0') September, 1924. It stated that necessary mean for the physica1 and spirituai deveTopment of the child, and specificaT1y provided that a chiid must be educated and protected against expioitation. Thereafter, the Tandmark 1948 Universai Deciaration of Human Rights prociaimed that chiidren as a category are entitied to speciai care and assistance. In t.
U1 ArticTe 26, the right to compu1sory_Free education, at Tea in the e1ementary and fundamentai stages is reoognised°. 3.6.1. On 20th November, 1959, the Deciaration on the Rights of the Chiid was prociaimed by the Genera1 AssembTy of the United Nations. It contained 10 princip1es which enriched and deve1oped the 1924 Geneva Dec1aration. Exaot1y 30 years Tater, on 20th November, 1989 the GeneraT Assembiy unanimous1y adopted the Convention on the rights of the chiid. It entered into force on 2nd September, 1990, having been ratified by the required 20 States. This Convention has been recognised as the most complete statement of chi1dren's rights with the force of internationai Taw. The ear1ier 1959, UN Dec1aration on the Rights of the Chi1d, though an internationai instrument, carried no binding 1ega1 obTigation, whereas the Convention demands an vactive decision on the part of the individuai States ratifying it. Further, a mechanism for monetary oompiiance is an integrai Function of the Convention and the signatory States are obiiged to report to a Committee on the Rights of the Chi1d7.
3.6.2. The Convention recognises the speciai vuinerabiiity of chiidren and deais not oniy with oivii and poiiticai rights but aiso economic, sooiai, ouiturai and humanitarian rights which are mutuaiiy inter--dependent. It has a hoiistic approach and acknowiedges that aithough a chiid may be adequateiy nourished, its right to deveiop Fuiiy is not properiy prn!~~fed uniess it is aiso educated and shieided from such ihings as arbitrary detention and expioitation at wcuix. 'The HI£iH Lnidei'1yinig rn'ihrJ131e «WF flux 0«nive»M'inci is fit}? the best intrrest of the chiid shaii niwdys he the mfljmr consideration and that the chi1d's own opinion shaii be given due regard. The chiid is recognised as an ihdividuai with needs which evoive with age and maturity. Consequentiy, the child has been given the right to nartirihnie in the dariaimha affecting its present and Future when balancing the chi1d's ri'ht with the rights and duties of r,-arents or others who are (C responsibie for its survivai, deveiopment and protection~. I CT' ',1! '/J 3.0.3. The P'eamb1e of the Convention' retails th:
I Cr.3
[fl % prinoioies of the United Nations and specific provi:
certain reievant human rights treatie: and prociamations; it re'r:u'Fit'In's t.he f'aC.t that «.T.hi1-tiren, |,re«'2ui~:e of their vuinerahiiity, need speciai care and rurdwmW.hwi .mui piares srw~'i41 enufliaeis on the |FTiHh1ly « 4: H.g .u.d |.:~rr~ rive resnonsihiiity of the Famiiy, the need For iegai and other protection of the chiid before and after birth, the importance of respect for the cu1tura1 vaiues of the chi1d's community and the vitai ro1e of internationa1 cooperation in achieving the rea1isation of chi1dren's rights9.
3.6.4. It advocates concerned pubiic action by a11 individuais and agencies ; government as we11 as non-governmental, Toca1, nationa1. regionai and internationai to promote the rights of the chi1d. The Convention, is in a sense, a means of empowering chiidren and creating an environment in which a11 chi1dren are ab1e to Tive secure1y and realize their fu11 potentia1 in Tife. 3.6.5. Four sets of basic rights The Convention draws attention to four sets of civii, po1itica1, socia1, economic and cu1tura1 rights of every chiid. These are:
The right to surviva1:
which' inciudes the right to Tife, the highest attainabie standard of hea1th, nutrition, and adequate standards of Tiving. It a1so inciudes the right a a name and a nationaiity.
The right to protection:
which inciudes freedom from a11 Forms of exploitation, abuse, inhuman or degrading treatment, and negiigence inciuding the right to speciai protection in situations of emergency and armed confiicts.
The Right to deveiopmentz which inciudes the right to education, support for ear1y chiidhood deveiopment and care, sociai security, and the right to ieisure, recreation and cuiturai activities.
The Right to participation:
which inciudes respect for the views of the child, to appropriate ff:
Fl) freedom of expression, acce information, and freedom of thought, conscience and reiigion.
3.6.6. The Convention provides the 1ega1 basis for initiating action to ensure the rights of chiidren in society. 3.6,7. The Convention indeed reiterates and eiaborates what is aiready contained in the Constitution or India. Article 39 'of the Directive Principies of State Poiicy quoted above is in parimateria with the said Convention. fl) 6+ £1! rff ID U1 3.7.8. Article 28 of theflgonvention K' "State Parties recognize the right 0! the rhiid to education, and with a view to achieving thin right progressiveiy and on the basis or euuai oppo»tuniL>, they sha11, in partiou1ar, make primary eduration compuisory and Free to a11."
3.7.9. Recognising the need to make avaiiabie Free and universai primary education is set out in Artioie 45 of the Constitution of India.
3.7.10. Articie 32 of the said UN Convention p'ovides 'Al I]:
foiiowsz "State Parties recognise the right of the chiid to be protected from economic expioitation and from performing any work that is iikeiy to be hazardous or to interfere with the chi1d's education, or to be harmFu1 to the chi1d's health or physicai, mental, spirituai, morai or sociai deveiopment.
2. State Parties shaii take iegisiative.
administrative, sociai and educntionai measures to ensure the impiementation of this arrioie. To this end, and' having regard to the reievant provisions or If! [I 3' 3,:
---I
-1 other internationai instruments, Stat Partie II» in particular:
(a) provide For a minimum age or minimum ages For admissions to empioyment;
(b) provide For flappropriate regulation or rhe hour:
and conditions of empioyment; and
(c) provide for appropriate penalties or other sanctions to ensure the effective enforcement of this article."
The important words in Article 32 are that the child is to be protected from performing any work 'that will "interfere with the child's education". 3.7.11. Article 46 of the Constitution of India deals with the promotion of education and economic interest of scheduled castes, scheduled tribes and other weaker sections; and Article 41 with the right to work and education, etc. Article 24 as originally proposed by Dr.K.M.Munshi prohibited child labour "in all form" but it was recast and reformulated, and reads "no Child below the age of 14 years shall be employed to work in any factory or mine of engaged in any hazardous employment".
3.8. ,The National Policy for Children in 1974 affirmed the Constitutional provisions and declared that "it shall be the policy of the State to provide adequate services to children, both before and after birth and through the period of growth, to ensure their full physical, mental and social development. The State shall progressively increase the scope of such 'services so that, within a reasonable time, all 'children in the country enjoy optimum conditions for their growth."
iii) ' 3.8.1. 'Government of India by ratifying the Convention on the Rights of the Child on December 11, 1992, once again re-affirmed its commitment to children. This obligates the Government to:
- review national and state legislation and bring it in line with the provisions of the Convention;
- develop appropriate monitoring procedures to assess progress in implementing the Convention;
-- involve all relevant government Ministries and departments, international agencies, non-governmental organizations, and the legal profession in the implementation and reporting process;
- V publicize the Convention and seek public inputs For reporting and,
-- A ensure that reporting is frank and transparent 3.8.2. By endorsing the 27 survival and development goals for the year 2000* laid down by the World Summit for Children, Government of India has firmly reaffirmed its commitment to advance the cause of children in India'° Article 6 of the Convention states:--
"State Parties Shail_,--ensure to the maxilmlni extent.
possible the survival and development of the child."
3.8.3. 191 countries have signed the Convention or become State Parties to it by ratification, accession or succession, the largest number for any Internationai Convention; the oniy exceptions being United States of America and Somaiia. .h-t there are two III {f I F?
3.8.4. A UNICEF Background Paper" stat types of deveiopment emergencies that need equai attention (1) ncies which inc1ude natural disasters and armed III "loud" emerg confiicts that ki11 and disabie chiidren and (2) "siient emergencies resuiting from endemic poverty and widespread deprivations which iead to many more deaths than famine, Fiood or war. widespread iiiiteracy, mainutrition, hunger and II» morbidity, poor heaith and negiect of women's concerns ar exampies of such siient deprivations. Professor John K:nnith Gaibraith in a iecture de1ivered in New Deihi in November. 1992 remarked:
.... Once it was understood : an education is the first requirement for economic progress. That essentiai fact was Forgottenzimpressive steei miiis, great hydroeiectric dams, giisteningx airports, were too often sited ' amid ignorant people. I have previousiy made the pointzin this worid there is no iiterate popuiation that is poor, no i11iterate popuiation that is other than poor." A pro-chiidren _geve1opment strategy has to address both these types of emergencies.
'this opportunity of deveiopment whitn is theur inherent rig* A. I
3.R.5. It is therefore oiear that we muss proceed with some urgency to make these rights of the chiid a ieaiity.
Consequentiy one wouid venture to ask, is not ail emp1oyment i[a and the depriving of education "hazardous" to the chiid. w III respeotfuiiy submit it i itseif an "abuse" of their tender age and also amounts to forcing them by economic necessity to enter avocations unsuitec to their age and strength within the meaning of cizuses (e) and (F) of Artioie 39 of the Constitution, which artioie, we submit, must now provide and constitute the content sf Article 24. Fifty years after Independence and more than forty eight years after the Constitution, it is these two clauses of Articie 39 that must increasingiy eniighten the cantent of Articies 21 and ad --a1so because these oiauses are consistent with the international conventions and, above aii, are in the interest of our nation and a humane view of iife.
Without education a ohiid is ieft without any rea ohoioes. It wouid, therefore appear that it is essen m in 1 gi=1ation is int'oduced to ensure that good §CHgQ1§ 3.9 :3 i_'.i'|71_'I: C}|_lF1] ty »'_-FILM' ':00'; estabiished at reasonabie distances s ' r is avaiiabie for aii chiidren and they are not deprived cu
-'P
10.
11. FOOTNOTES AND REFERENCES Qfl./'-\. PI. EB:_I_I.I_ Miss Mohini Jain v. State of Karnataka, AIR 1992 SC 1858.
Unnikrishnan. J.P. v. State of Andhra Pradesh, AIR 1993 SC 2178 (Constitution Bench). University of Deihi v. Shri Anand Vardhan Chanda], 1998 (5) SCALE 23.
Bandhua Mukti Moroba v. UnigQ"g[_I_Qi§, AIR 1984 SC
802. Supra at 2.
Leiia Seth, The First Rosalind wiison Memoriai Lecture, _India Internationai Centre Qgartenlx, winter 1993 page 79.
Id., at page 80 Ioid.
Ibid.
UNICEF India Background Paper, "he Right to be a Chiid, March, 1994.
Ibid.' CHAPTER-L1 ATTEMPTS MADE FOR IMPARIING PRIMARY EDUCATION TO CHILDREN Ifl SOUTH ASI 4.1 South Asia has emerged by now as the most iiiiterate region in the worid, with 395 miiiion iiiiterate aduits (neariy one--ha1f of the worid tota1) and 50 mi11ion out of schooi chiidren (over two-fifths of the worid totai). Human Deveiopment in South Asia 1998', is documented by the Human Deveiopment Centre and it reveais that what is missing is not financial resources, but poiiticai commitment, for tackling the educationai tasks that Tie ahead. The said report observes that income poverty is no barrier to the spread of basic education. Thus it points out that Keraia with a per capita income of $ 1017, has a iiteracy rate of 90%, compared to 58% in Punjab which has more than doubie the per capita income of Keraia. Internationai comparisons also corroborate the same. For exampie, Vietnam, with a per capitfl income OT $ 1208 (in 1994 PPP doiiars) has attained an adult Titeracy rate of 94%, whiie India (reai per capita income of $ 1348) has 52% Titeracy; Pakistan .(per capitai income of $ 2154) is even further behind with 38% iiteracy. Thus whiie income is important, it is not decisivez.
4.2 K;y Education chaT1enge§_egamjned:-- The HDC report3. Toudiy projects three key chaiienges which require devising concrete strategies to address the three key shortcomings in South Asia's education system. Ejrst, the Tack of access to schooling For large number of children, second the low level of primary school, completion due to drop out and repetition; and the _l;__|lll'Q the low learning achievement. of many studcsnts who enrol and complete school. Amongst other nations, countries like India, Bangladesh, Pakistan, Bhutan, Nepal, Srilanka and Maldives are afflicted because of these key problems.
4.3 Based on the studies undertaken in South Asian countries, the said report concludes":-
(a) The quickest way to expand capacity is to upgrade existing school facilities, viz., provision of schools at the nearer distance, electricity in the schools, latrines, potable water, playgrounds and construction of buildings.
(b) Setting up a formal school costs 80 times more than a non--formal school in Pakistan.
(c) Flexible timings has been a key strategy for improving schooling of girls and rural children.
The report also observes that one of the mechanisms for increasing the demand for education is to ensure active community and parent participation. when parents are active in the educational process, their children are more likely to attend school.
I U) '.0 I
(d) The production and distribution of tevt books are hurt handied by the private sector.
(e) Locai monitoring is the mn~t_eFFectJve_st_ateJ;_[jg §Q;UL_DQ that_s;hoo1s 'QM§iQ_flDeH (emphasis suppiied)
(f) Achieving universal primary compietion is as important as universal primary enroiment.
(g) Decentraiisation is the key to improving education administration in South Asia.
fh) Decisions regarding primary schooling must be iaken on \ educationai grounds rather than on poiiticai grounds.
(i) Better education data are required For efficient duoationai pianning in South Asia. III 4.4 How Zimbabwe achieved UfliVe;§flJ_pLim&LyWwQj[QJwept" Hi three years:-- The aforesaid report of HDC has brought out5 the key reforms made by Zimbabwe for enioiiihg students and the Dro and cons of the reforms.. These are summarised heiowr A. Key reforms For enroiiing students
1. Compuisory primary schooiing
2. Primary schoo tuition Fees aboiished 3 Repetition aboiished
4. Primary sohooi graduates given option of Four ;eirs of '.1 O O) secondary schooiing Rapid increase in pub1ic spending on education Substantiai community financing introduced Key reforms for increasing buiidings 'Hot seating' introduced -- dcubie shifts but with two different sets of teachers Automatic promotion for primary schoci and first four years of secondary schooi Key reforms for increasing teachers Teacher suppiy was rapidiy increased by emp1cying untrained teachers at the primary 1eve1. Teacher supp1y was increased by introducing a new, 1ow--cost teacher-training scheme, Zimbabwe Integrated Nationai Teacher Educaticn Course (ZINTEC): oniy two pent in co11ege, ([1 terms in the four--year course were the remainder being spent teaching in schoois. Other~reforms to Tower unit costs Unit costs reduced by standardizing c1asses, thus increasing ciass size in many of the more. privi1ege echcois.
Schooi resource a11ccaticn strict1y on the basis of chiidren enro11ed,,5 Number of topic in curricuium reduced. Examinations iocaiized.
Science--kits for ciass-based science teaching, even without iabs of eiectricity.
Vocationai subjects introduced.
Key strategies For financing universai primary education Focused on devoiution of responsibiiity for pianning, financing, and impiementation to iocai communities and househoids Financing strategy for government primary schools. Government paid for staff saiaries, maintenance, aii other materiais and running expenses; the community financed buiiding materiais and schooi buiiding, paid provided voiuntary a smaii variabie fee, and additionai community support.
Financing strategy for non--government primary schoois (90 per cent of ail primary schoo1s): the government provided saiaries of teaching staff and gave a per chiid capita grant of $2 '17.35 per (123 4 us s O.4--US$1.6 over the period); 'responsibie authorities maintenance, non--teacherA s Financed schooi a1:rie3, furniture, equipment, textbooks, and running expenses of schools; the community financed schooi huiiding, ;
.-"Z Jaid generai purpose and sports fees, contributed to a bui1ding fund, and provided vo1untary additiona1 conmuuiity SLHM3OFt.
It wou1d be worth pointing out that amongst other reforms to Tower unit cost, vocationai subjects were introduced. This couid reduce unit cost by producing marketab1e goods in schoo1s. However, it faiTed eTsewhere in Africa. The report observes on the aspect of financing for education that severa1 South . Asian countries heaviTy subsidised higher 1eve1 of education. A rise in funding for university education wouid have been understandabie if the goa1 of universai basic education had already been met. The efficiency of education spending in south Asia is very Tow. The report further projects" a five point strategy to ensure universai basic education.
1. The first step is to prepare a concrete five year plan (1999-2003) to extend universa1 basic education.
2. Compuisory education Taws must be passed and enforced.
3. In order to make the financia1 targets more feasible, a cost effective strategy shou1d be adopted for impTementing the target of universai primary education.
4. In order to formu1ate a reaiistic financiaT strategy, "the main focus shouTd be on the reaTTocation of e-isting budgets.
A number of innovative methods can a1so be used to 0'! provide adequate funding for the goai of universai primary education. Certain countries have resorted to special levies earmarked for education spending. It goes without saying that some of the radicai features/strategies which heiped in achieving universai primary education elsewhere, must be adopted. FOOTNOTES AND REFERENCES CfiAET§R--IV Mahbub Haq and Khadija Haq, Human Deve1opment in south Asia, 1998, Human Deve1opment Centre, page 2; Id, at page 3.
Ibid, Chapter 5 ;g.. at pages 71-75 Id, at pages 140--141.
Id., at pages 142-143.
CHAPTER-V NAIIONAL POLICIES AND PROGRESS MADE IN REfiLISING THE OBQEQILXE 5.1 Educationai plans in the initial years after independence were formuiated in the context of new. enthusiasm and high expectations. Jawahar La} Nehru in the Conference of State Education Ministers argued that "the entire base of education must be revo1utionised". In 1948, an A11 India Education Conference was convened by the then Union Minister of Education which endorsed the recommendations of eariier committees on free and compulsory. education. The nationai ieaders visuaiised the extension of democracy from poiitical to economic spheres.
5.2 Data projected by Worid Bank in its Pub1ication:-- The world Bank chronoiogicaiiy brings out' the detaiis of the Nationai Poiicy, Centrai schemes; State projects and the decentraiised education deveiopment and District primary education programme approved in 1992. It states:
"work1n9 grQupS of the Pianning Commission established ambitious- target dates for achieving universai eiementary education, targets that were revised throughout the 1960s and 1970s. In 1966, the Kothari Commission proposed achieving the goai no Tater than 19R6. This target, too was superseded when the 1986 Nationai Poiicy on,.Education articuiated a goai of _./'
-240 :-
ensuring that by 1990 a11 chiidren 11 years of age wouid have compieted five years of formai or non--Forma1 education....
it! The 1986 Nationai Poiicy on Education sets th stage for the Centrai Government to p12; an increasing1y important roie in primary education. The po1icy exp1icit1y recognised the need to make a concerted effort to expand and improve basic education, meaning formai and non-formai primary and iaduit Titeracy education. At the primary schoois Ievei, the policy gave priority to reducing the disparities in enroiment for giris and for students from Scheduied Castes and Scheduied Tribes. To carry out the poiicy, the Department of Education created a set of uentraiiy sponsored grant schemes to assist States in deve1oping basic education.' Such schemes included, in1er~a1ia, Operation B1ackboard: 1986; District Institutes of Education and Training (DIETs): 1988; Totai Literacy Campaign: 1988;
Minimum Leveis-of Learning: 1989.
".31 The pubiication adds? that assisted by donors various l\)
--b desh
3):
State projects were aiso initiated such as Andhra Pr Education Project, which began in eariy 1930s with the support of United Kingdom's Overseas Deveiopment Administration (GDA), Bihar (United Nations /Qhiidren Fund, UNICEF), Rajasthgn (Swedish Internationai Deveiopment Authority) and nrrar Pradesh (International Development Association, IDA) started projects between 1990 and 1993. In each State, registered societies have been created to receive and disburse funds and to provide an umbrella organisation, closely linked to state 'education derartments for project implementation. 9 strict Primary Education Programje .2.2, In 1992, Parliament approved an updated National L1 Policy on Education. The new policy opted for giving a priority for girl's education and improved quality in primary Cl education. It also called for an integrated and decentralise approach to developing primary education systems, with a focus on building the capacity of districts to plan and manage primary education. Thus in 1992 constitutional (73rd and 74th) amendments were carried out which visualised the increase in the responsibility and the authority of local governments. These amendments gave the control of primary, secondary, adult, non-formal, technical ,and vocational education to Panchayati Raj Bodies. The Central Advisory Board of Education issued a special report as to how to decentralise 'the .management of education, 'detailing the structure, role, functions and powers of local bodies, with f O the objective of improving the efficiency and effectiveness 'schools and to reducing demoralisation at the 'local level (Ministry of HRD, 1993). It is understood that almost all States have passed enabling legislation for implementing the said constitutional amendments. Administrative guidelines For decentralisation are also being issued3.
5.3 Achievements on eiementary education as indicated in 1§§§'. a reference annuaj of the Ministry of Information and Broadcasting, Government of India:-
EDUCATION Before 1976, education was exciusiveiy the responsibiiity of states, the Centrai Government was oniy concerned with certain areas iike coordination and determination of standards in technicai and higher education, etc. In 1976, through a Constitutionai amendment, education became a joint responsibiiity. Decisions regarding the organisation and structure of education are iargeiy the concern of the states. However, the Union Government has a ciear responsibiiity regarding the quaiity and character of education. In addition to policy formuiation, the Ministry of Human Resource Deveiopment, Department of Education shares with the states the responsibiiity for educationai pianning. 5.3.1. The Centrai Advisory Board of Education (CABE), set up during the pre--Independence period in 1935, continues to piay a iead ro1e in the evoiution and monitoring of educational poiicies and programmes, the most notabie of which are the
--Nationa1 Poiicy on Education (NPE), 1986, Programme of Action (POA), 1986 and a revised NPE and POA (1992).
0'1
0) .2. EXPENDITURE: _4» Nationa1 Poiicy on Education, 1986 and the Programme of Action (POA) 1992 envisages that Free and compuisory education of satisfactory quaiity shouid be provided to ail chiidren upto the age of 14 years before the commencement of the 21st century. As per the commitment of the Government under the Common Minimum Programme, about six per cent of the Gross Domestic Product (GDP) wou1d be earmarked for the Education Sector by the year 2000 AD and 60 per cent of the outiay wiii be spent on Primary Education. 8.3.3. with the increasing commitment of the resources to education, resource aiiocation for education has, over the years, increased significantiy. Pian outiay on "education increased from Rs.153 c'ore in the First Five Year Pian to Rs.19,6OO crore in the Eighth Five Year Pian (1992-97). The expenditure on education as a percentage of GDP aiso rose from 0.7 per cent in 1951-52 to 3.3 per cent in 1996-96 (RE). I
-r II:
V;
5.3.4. The Eighth Pian outiay (Centre -nd , Sta. ) at Rs.19,60O crore is higher than the Seventh Pian expenditure of Rs.7,633.13 crore by 2.6 times. In keeping with this set up, the Centrai Pian outiay for education has been substantiaiiy increased from Rs.1,825 crore in 1993-96 to Rs.3,393 rrore in 1996-97 and further to Rs.4,095 crore in 1997~98...
'schoo1s. The expanded schemes have been started sinc .3.5. There has been inter-se shift in the aiiocation of 01 resources within the education sector from higher education to eiementary education. The outiay on e1ementary education is 62.1 per cent of the totai Centrai Sector Pian out1ay in 1997-98. Further the outlay consists of Rs.354.94 crore for Secondary Education, Rs.403 crore for University and Higher education, Rs.127_crore for Adu1t Education and Rs.39O crore for Technicai Education.
5.3.6. ELEMENTARY EDUCATION:
The revised Programme of Action 1992 of the NPE,. 1986 resoives to ensure free and compu1sory education of satisfactory quaiity to a11 chi1dren upto 14 years before we enter the 21st century. In order to operationalise the revised policy of the Government, the fo1Towing three sub--schemes were proposed under Operation Biackboard during the Eighth P1an : (i) continuation of the ongoing scheme to cover a11 the remaining schoo1s identified as on 30 September 1986; (ii) expanding the scope of the scheme to provide three rooms and three teachers in primary schoois with enro1ment exceeding 100 with provision for about 50 Eper cent women teachers in primary schoois as mandatory for a11 states/UTs; and (iii) extending the scope of the scheme to upper primary III 1993-94.
5.3.7. To achieve the goai of Universaiisation of Eiementary Education, the Non~Formai Education Programme had been. put into operation in 1979-80 to provide education or a quaiity comparabie to formai system to chiidren who do not/cannot attend schooi, school dropouts, giris who cannot attend whoie day schoois and working chiidren. The scheme was reorganised and expanded in 1987-88 and again in 1993. Under the Scheme, assistance is given to the states/union territories in the ratio of 00:40 and 90:10 for running generai co--educationa1 4/:
and giris centres respectiveiy. Cent per cent assistance i given to voiuntary agencies for running non--Forma1 education centres and undertaking experimentai and innovative projects. P'esent1y 2.86 iakh centres have been sanctioned for imparting education to about 71 iakh chiidren. About 1.18 iakh centres are exciusiveiy for giris. Under another Centra11y--sponsored scheme of Restructuring and Reorganisation of Teachers Education, launched in 1987-88, 433 DIETs, 110 CTEs/IASEs have been estabiished throughout the country to impart good quality of pre-service and in--service training to teachers and 19 SCERTs have been strengthened.
5.3.8. In elementary education the focus has been shifted from enroiment per se to retention and achievement. The Minimum Levels to Learning programme answers the third dimension of Universaiisation of Eiementary Education, nameiy, universai achievement. Laying down competency to be mastered by aii chiidren in the country at a particuiar grade, the programme envisages a package of quaiity improvement. It incorporates curricuiar revision, teacher orientation and "-:52 :- improved pedagogy to handie mu1ti--grade situations. A Committee has a1so been constituted to Tay down Minimum Leveis of Learning for subjects taught at upper primary stage.
5.3.9. In the first phase, 18 projects were taken up and after working in 4,000 primary schooTs, the programme is being upstaged through the institutionai mechanism of DIETs and $CERTS in about 12 states. After this period of initiation the p'ogramme wouid be extended and expanded to cover the entire schoo1 system by 2000 AD.' Current1y, about 200 DIETs have been oriented in the comprehensive slontegy.
5.3.10. DISTRICT PRIMARY EDUCATION PROGRAMME:
The District Primary Education Programme (DPEP) is a speciai Universaiisation of 'I thrust and a new initiative to -chieve Eiementary Education (UEE)> The programme takes a hoiistic view or primary education deve1opmenL and seeks to operationaiise the strategy of UEE through district specific pianning with emphasis on decentraiised management, participatory processes, empowerment and capacity buiiding at aii Teveis. The programme is imp1emented through the State ievei registered societies.
2 3.11 The programme aims at improvising access to primav» education for a11 chi1d"en, reducing primary dropout rates ~~ Tess than 10 per cent, increasing learning achievement of / primary sohooi students Dy 25 per cent «NJ reducing the gender and sociai gap to Tess than five per rent.
5% 5.3.12. The programme is structured to provide additional inputs over and above the Central/state sector schemes For elementary education. The programme fills in the existing gaps in the development of primary education and seeks to revitalise the existing system. DPEP is contextual and has a marked gender focus. The programme components include construction of classrooms and new schools, opening of non--formal/alternative schooling centres, appointment of new teachers, setting up early childhood education centre. strengthening of State Councils of Educational Research and Training (SCERTS)/District Institute of Education_ Training ter resource (DIETS), setting up of block resource centre /clu U:
'11 centres, teacher training, development of teaching learning material, research based interventions, special interventions for education of girls, education of SC/ST etc. A new initiative of providing integrated education to disabled children and distance education for teacher training has also been incorporated in the DPEP Scheme. 5.3.13. The district is the unit of programme implementation and selected on the basic or twin criteria, viz., (a) educationally backward districts with female literacy below the national average and (b) districts where total literacy campaigns (TLCs) have been successful, leading to enhanced demand for elementary education.
.3.14. DPEP is a centraT1y--sponsored scheme. Eighty--Five per C1 cent of the project cost is provided by the Government of India which is resourced by externai funding, which is aiready tied up to the extent or Rs.3,45Q crore. The baiance 15 per cent is shared by the participating states. The worid Bank is providing assistance to the tune of US$ 260.3 miiiion (Rs.8OG crore) for the District Primary Education P'ogramme (DPEP) phase--I and an amount of US$ 425.0 miiiion (Rs1,480 crore) For DPEP phase --II for which a grant from Government of Netheriand amounting to US $25.8 mi11ion (Rs.9O crore) is aiso tied up. The European Community has made avaiiabie a grant of ECU's 150 miT1ion (approximateiy Rs 585 crore), For impiementation of DPEP in 19 districts of Madhya Pradesh. 5.3.15. Assistance from ODA of UK amounting to Rs.42.5 miiiion (Rs 255 crore) and Rs.37.71 miiiion (Rs.22G.22 crore) is avaiiabie for DPEP in Andhra Pradesh and west Bengai respectiveiy. The worid Bank has nino orroind nssistnnrn For coverage of 17 educationai districts (27 revenue districts) in Bihar under DPEP phase--III.
5.3.10. The programme, which was initiaiiy. Taunched in AC districts of seven states in 1994, is now covering a totai of 122 districts in 13 states. The programme impiementation has shown p'omising "esuits as per 'eports of various supervision n and evaiuatory studies. The progiamme is encouraging 1/:
missic appiication of numerous innovative and practicai interventions for improving access, retention and quaiity or education. .3.17. BIHAR EDUCATION PROJECT:
C1 The Bihar Education Project (BEP) is a basic education project aimed at Universalisation of Primary Education by bringing about a qualitative improvement in_ the -existing education system. The project was initiated in 1991 covering seven districts in Bihar. .The financing pattern was 3:2:1 among UNICEF, Government of India and Government of Bihar. The phase-I concluded in March 1996 and the programme has been extended For a period of two years from 1996-97 to 1997-98 under phase A- II, with an outlay of Rs 61.5 crore. Significant outcomes of the Project include intensification of community participation process and motivational training of teachers in participatory mode leading to renewal or teaching learning processes. During 1997-98, it is proposed to cover 17 educational districts, (27 revenue districts) including these seven districts of Bihar under DPEP~TII with assistance from the World Bank.
5.3.18 LOK JUMBISH:-
An innovative project called "Lok Jumbish" (People's movement for Education For All) with assisfance from Swedish International Development Authority CSIDA) has been undertalen _ A» I in Rajasthan. The basic objective or the project l> c achieve "Education for ALL" through people's mobilisation and 1- their participation.
5.3.19. The Project has so far cove'ed 58 b1ooks-where it has undertaken environment buiiding activities in 2,491 viiiages and has Aoompieted sohooi mapping exercises in 1,800 viiiages where community mobiiisation and partnership with voiuntary groups has been noteworthy. Three hundred and forty four new sohoois have been opened whiie 275 primary sohoois have been upgraded. An innovative and suooessrui NFE p-ogramme iaunched The Lok Jumbish Project by LJP has spread to 1,502 centres.
has made a positive contribution to duaiity improvement through the deveiopment of improved MLL based textbooks from Ciasses I-IV, which has been mainstreamed in aii schoois of Government of Rajasthan.
4.3.20. NATIONAL PROGRAMME OF NUTRITIONAL SUPPORT TO PRIMARY EDUCATION:
A Nationai Programme of Nutritionai Support to Primary Education Commoniy Caiied the Midday Meai Scheme was iaunched on 15 August, 1995 with the intention of improving enrolment. attendance and retention whiie simuitaneousiy impacting on the oiasses The L'?
III in" primary it! IT nutrition status of stud programme envisages provision of cooked meais/processed food For chiidren studying in oiasses I--V in aii government, iocai body and government aided primary schoois. 'under the programme is avaiiabie for the reimbursement o cost of foodgrains and for transportation charges For movement of foodgrains From FCI godowns to sohoois/viiiades Qaiivies of cooks/heipers etc., as weLL*as expenditure on construction of kitchen sheds needed for conversion of foodgrains into cooked meais are eiigible For coverage under the poverty .al1eviation schemes i.e. JRY/NRY. Other costs of conversion of foodgrains into cooked meai/processed food are to be met by impiementing agencies/states.
5.3.21. Apart from this, the impiementation of these 'schemes is today, indifferent and fu11 of "leakages". In spite of the achievements "set out in the said report, the fact remains that in India, out of 5,47,672 viT1ages, 48,566 do not have any schooi and 1,67,382 rura1 schoois have just one teacher for each schoo15.
5.4 Recommendations of the Committee of State Education Ministers on imp1ications of the propose] to make elementary education a fundamentai riQht:- The Chief Ministers' Conference heid on 4th to 5th Juiy, 1996 adopted a reso1ution to universaiise primary education by 2000 A.D. A Committee chaired by Mr. Muhi Ram saikia, Union Minister of State For HRD (Education) was constituted on 29th August, 1996 with the Education Ministers of 13 States and senior officiais of the Centrai Government as its members to' consider the Tegal, academic, administrative and financiai impiioations. The Committee submitted its report on 15th January, 1997. The report says that the number of primary schoois have gone up to 5,90,421 and the number of upper primary schoois to 1,71,216 in 1995-96 as against 2.10.000 and 13,000 in 1950-51 respectiveiy. Gross enroiment ratio at primary levei has 104.5 in 1995-96 with a increased from 42.6 in 1950j5J-to Targe proportion of increase- being in rurai and semi--urban as areas. According to the 5th All India Educational survey, 94.6% of the rural habitations have a primary school within one kilometre and 85.4% have an upper primary school with a distance of three kilometres. The committee observes that the task of universalisation of elementary education (UEE) is far from being complete because there are severe gender, regional, sectional and caste disparities in UEE. Only two--thirds of the children comp]ete primary schooling and only half complete upper primary schooling. A significant proportion of those who join school drop out before completing their studies due to socio--economic and cultural factors as also due to lack of adequate infrastructure, shortage of teachers, non--availability of teaching, learning materials and text books, a curriculum which is not fully related to local needs and low levels of learning.
5.4.1. After considering various pros and cons, the said committee made the recommendations which are summarised as follows:
i) The Constitution of India should be amended to make the right to free elementary education upto 14 years of age a Fundamental Right. Simultaneously, an explicit provision should be made in the Constitution to make it a Fundamental Duty of every citizen who is a parent to provide opportunities for elementary education to all children upto 14 years of age.
consequential amendments to the Directive Principles of State Policy as enunciated in Article 45 of the
ii)
iii) iLegislaticn making Constitution should also be made.
In a diverse federal Jolity such as ours and with the States being the main providers of elementary education, there is no need to enact a Central elementary education compulsory. States should either amend their existing legislation or enact fresh legislation to give effect to the proposed Constitutional amendments on the lines of the taken in regard to implementation of 73rd and action 74th Constitutional amendments. The Central Government' should issue guidelines providing a broad enactment of fresh framework for legislation on compulsory elementary education. The guidelines should be finalised in consultation with State/UT Governments.
State legislation should provide for the following:--
(a) provision of permissive compulsion to enable State Governments and local bodies to enforce the law selectively in a phased manner;
(b) g'ounds for exemption from -compulsory school attendance;
(c) ' imposition of punishment on defaulting parents
-- quantum of minimum and maximum punishment should be specified;
within 11:
(d) establishment of primary schools habitation vn distance of 1-1.5 kilometers from rura i-..j»pi_il.3_Li«;un of 250 in the provided that there is a catchment areas; _/7
(e) establishment of upper primary schools within
iv)
v) a distance of 3 ki1ometres from rurai habitations provided that there is a popu1ation of 500 in the catchment areas;
State Governments shou1d be entitied to reiax the norms in (d) and (e) above in the case of hi1}, desert, triba1 and inaccessib1e areas so as to ensure that the proposed schoois are viabie.
(f) responsibi1ities which may be de1egated to Gram Panchayats and Vi11age Education Committee (VECs) for achieving Universaiisation of Eiementary Education (UEE) in their jurisdiction;'
(g) provision for engaging honorary attendance officers; and
(h) vesting of powers to impose pena1ties and grant exemptions in the Panchayat Raj Institutions/Vi11age Education Committees (PRIs/ VECs); and A State--wise approach in regard: to free education shouid be adopted in keeping with the 1oca1 situation. However, in order to ensure uniformity, Free eiementary education may" inc1ude exemption from tuition fee; provision of essentiai stationery to ail chi1dren in primary ciasses. In addition, the Mid--day Meais Programme may be continued. State Governments may provide 'other incentives such as free school uniforms, cash incentives, scho1arships, etc. in accordance with their economic capacity and priorities. _/~.
The administrative machinery for supervision,
vi)
vii)
viii) inspection, monitoring and evaluation of elementary education should be augmented and strengthened at the Secretariat, Directorate, District and Block levels. The academic implications of the proposal which include provision of recurrent teacher training and quality textbooks besides introduction' of Minimum Levels of Learning (MLL) should be given due attention.
Minimum infrastructure and teachers as envisaged under Operation Blackboard should be provided in all primary and upper primary schools preferably during the 9th Five Year Plan. However, such provision of facilities may not be made a statutory obligation for the present. The norms prescribed under OB would not be applicable to alternative schooling and non--formal education programme.
As in the past, the primary responsibility to promote elementary education should remain with the state Governments, who should consider measures which will enable local bodies in urban and rural areas to raise revenues for improvement" of facilities in schools. They should consider the proposal to levy an "educational cess" in this regard. The Central Government should meet additional requirements keeping in view the past trend of resource transfers and the need to augment resources to implement the proposal. The Central and State Governments should allocate 50% of budgetary allocations For education to elementary education and ensure that the funds so allocated are
ix)
x)
xi)
xii) not re-appropriated or diverted to any other sector. They shouid a1so stream1ine the existing system of fTow of funds to E1ementary Education Programmes. The P1anning Commission and Ministry of Finance shou1d evo1ve an appropriate formu1a in consu1tation with the State Governments concerned to share additiona1 finances required to impiement the proposa1. The formu1a so evo1ved shou1d provide for transfer of more resources to eduoationa11y backward States/Districts/Biocks. Estimates of additiona1 funds required to impiement the proposa1 shouid be carefu11y examined in consu1tation with experts who may also identify the possibie sources of financing the additiona1 requirements. The additionaT expenditure to imp1ement the proposai shouid be phased out, preferab1y over a period of 5 years, coinciding with the Ninth Five Year Plan.
States shou1d provide adequate space and opportunity to deserving private schoois to spread eiementary education in remote and inaccessib1e rura1 areas. They shouid aiso consider suitab1e reguiatory provisions to ensure that the tendency of commerciaiisation or education is effective1y curbed. In regard to medium of instruction at primary Teve', States shou1d continue the existing poiicy of providing primary education in the regionai Tanguage and where regiona1 Tanguage is other than the mother tongue, in the mother tongue.
In order to give meaning and effect to the propesa1, speciai efforts should be made to buiid pubiic opinion in favour of Universaiisation of Eiementary Education (UEE) by socia1 mobiiisation and invoivement of iocai communities on a much iarger scaie. To achieve this, a Nationai Eiementary Education Mission (NEEM) shouid be effectiveiy operationaiised in Ixth Eian; Non Governmentai Organisations (NGOs) shouid be provided iarger assistance and support in their efforts to promote Universaiisation of Eiementary Education ,(UEE); and Panchayat Raj Institutions (PRIs) shouid be given greater responsibiiity in pianning, management and impiementation of programmes of eiementary education.
5.5.1. The Saikia Committee observes that the requirement of additionai funds in five years coinciding with the 9th Pian to achieve the nationai goai of UEE, wouid be approximately Rs.40,000 crores. As per the Annexure--IV of the proposed 9th Pian, under the Head Education, for reaiising primary/elementary education inciuding mid--day meai scheme, the proposed outiay for the 9th Pian is Rs.31,594 crore (comprising of Centre's share of Rs.12,G44 crore and State and UTs share of Rs.18,950 crore). However, the required outiay is of Rs.48,95O crore (comprising of Centre's share of Rs.30,000 crore and State and UT's share of Rs.18;95O crore). Thus a gap of Rs.17,356 crore is stiii being projected in the 9th Pian.
C1 4 D REFEREN ES QHAPlER-V_ The wor1d Bank Pub1ication, Erimary Education .in India, Edn., March, 1997, Chapter 1. Ibid.
Ibid.
Ministry of Information and Broadcasting, Government of India, India 1998 A Reference Annuai. Dr.J.C.Ku1shreshtha, Indian Chiid Labour, Edn.1994, page 39.
CHAPTER~VI IMPLEMENTATION OF THE RIGHT TO EDUCATION: RECOMMENDATIONS OF THE COMML§§LQN :
6.1 The need for compuisory education for chiidren:- The Law Commission had prepared a detaiied note on free and compuisory education for chiidren together with a draft Biii for a centrai iegisiation. In drafting the Bi11, the Commission had taken into consideration certain suggestions and comments received by it inciuding those made at the National Conference on Education as a Fundamentai Right organised by Pratham on 24th and 25th Aprii, 1998 at New Deihi; and the Nationai Consuitation on Right to Education; a strategy to eiiminate Chi1d Labour, organised by the centre for Chiid and the Law, the Nationai law Schooi of India University with the support of UNICEF hcid on 16th and 17th May, 1998 at Bangaiore. A copy of the same was forwarded to the Ministry of 'Human Resource Deveiopment, Department of Education, Government of India requesting for views of the Department.
6.1.1 The Law Commission has carefuiiy considered various 0 issues in the Tight of comments of the Department of Education 'as weii as other avaiiabie materiais. Accordingiy, it has come to the foiiowing conciusionsr :66 6.1.2. If a Centrai Legis1ation is enacted. as is being proposed by the Commission, it wouid not require ratification by the State Legisiatures, being a subject Faiiing under Entry of Concurrent List of Seventh Scheduie to the Constitution by 25 of India. Articie 254(1) provides that the iaw made Pariiament with reference to a concurrent subject sha11 prevaii over a 1aw made by the State Legisiature on the same subject irrespective of the fact whether the iaw made by the Pariiament is eariier or subsequent to the State enactment.
(This provision is of course subject to ciause (2) of articie
254.) feasibie A .o. A view has been expressed that it may not be 6.1 to bring the private unaided institutions within the purview of the proposed Bi11. In this connection, reference has been made to articie 21A(3) as proposed to be inserted by the Constitution (Eighty--Third Amendment) Biii, 1997 which provides that States sha11 not make any iaw for free and compuisory education under ciause (2) in reiation to the institution not maintained by States or not receiving aid out of State funds.
\ The Department of" Education may perhaps be right in 6.1.4.
saying that as of today the private educationai institutions which are not in receipt of any grant or aid from th State, cannot be piaced under an obiigation to impart free education to aii the students admitted into their However, appiying the ratio or unnikrishnan perfectly iegitimate for the State or the affiiiating Board, 'most as the case may be, to require the institution .to admit and impart free education to fifty per cent of the students as a condition for affiiiation or for permitting their students to appear for the Government/Board examination. To start with, twenty. Accordingiy, the percentage can be prescribed as twenty per cent students cou1d be seiected by the concerned vinstitution in consuitation with the iocai authorities and the parent~teacher association (see the appended Bi11 at Annexure-A). This proposai would enabie the unaided institutions to join the nationai endeavour to provide education to the chiidiren of India and to that extent wi11 aiso he1p reduce the financiai burden upon the State. 6.1.5. Further, imparting education, inciuding primary/eiementary education, is as much the obiigation of the Centrai Government as that of the States after the 42nd amendment of the Constitution which has put "education" in the Concurrent List. It is the Commission's view that the Union of India has the primary responsibiiity For carrying out mandate of articie 45 read with articies 41, 46 and 21 of the Constitution. One cannot iose sight of the fact substantial additionai finances are required for this purpose and in the present state of things, the additionai finances can oniy come from the Centre. It hardiy needs mention that of the high-yieiding revenue resources are with the C ntr III II' \\ -:68 :- 6.1.G. Articie 45 speaks of "Free and gompu1sory education for ail chiidren untii they compiete the age of 14 years". The expression "compu1sory" in the said articie necessarily imp1ies an element of compu1sion, be it comQu1sion on the State to provide free education or a compuision on the parents to send their chiidren to the schooi or a compulsion on the society to ensure that a11 its children go to schooi at1east unti1 they compiete the age of 14 years or for that matter upon any other institution, organisation or individual, as the case may be. It may not, therefore, be correct to say that the method of compuision is inadvisabie. 6.1.7. A statute imposing compuisory education is no encroachment on any fundamentai right, for no one has any right to remain ignorant or i11iterate1. 6.1.8. The Law Commission is of the view that Universai E1ementary Education (UEE) cannot he achieved except by the use of a certain amount of compu1sion. In this context, it is reievant to notice that the method of persuasion has not yieided the desired resuits. It needs to be emphasised that the constitutiona1 obligation is to provide "free and compuisory education" and aT1 permissibie means and measures ought to be empioyed to achieve the said goai. It may necessitate dispensing with the tuition fee, providing free text books or free uniforms, free iunch, etc.wherever HGCBSSEF)' .
6.1.9. The Commission is aware that the basic reason for the children from the poor families being not able to attend the schools is poverty. The Commission recognises that no parent who can afford to send his child to school, would not do so and would prefer to send him to work. Undoubtedly, it would be the wish and desire of every parent to see that his child is educated and that he is not called upon to work whether as a domestic servant or in a factory or anywhere else. At the same time, it is recognised by all educationists that a little amount of compulsion may be necessary in certain cases apart from persuasion and incentives, to achieve the goal of an Universal Elementary 'Education which is basic to_ any democratic society.
6.2. The Commission has noted with some satisfaction that so far 19 States/Union territories have enacted legislation making primary/elementary -education compulsory. (A list is attached as Annexure-B).. These are Assam. Andhra Pradesh, Bihar, Goa, Gujarat, Haryana,' Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, west Bengal, Delhi and Andaman & Nicobar Islands. These enactments are in three parts:
(i) Power vested in the State Government to notify the area in which the Act can be implemented.
(ii) Penalties for not sending children to school.
(iii) Power in a,vested authority to grant exemption .r''' ' from the legislation.
.6.2.1. The Department of Education has pointed out that most of these Acts have, however, remained unenforced due to various socio-economic and cu1tura1 factors as weii as administrative and financiai constraints. According to that Department, the compuision contempiated in articie 45 of the Constitution is a compuision on the State rather than on parents. As such a consensuai approach to motivate pa'ents and chi1dren is said to be more appropriate. The key eiements of this approach are stated to be: (i) community invoivement;
(ii) decentraiisation of pianning 'and management of school education to Panchayati Raj Institutions; (iii) motivation of chiidren to attend schoois reguiariy; (iv) improvement of f infrastructure and faciiities in schoois; (v) deveiopment c 1oca11y reievant curricu1a; (vi) improvement in quaiity of textbooks; (vii) teacher training; (viii) chiid centered iearning; and (ix) adoption of minimum ieveis or iearning. 6.2.2. However, since the consensua1 approach aione has fai1ed .to yie1d resuits, it is the view of the Law Commission that it may be necessary to introduce some compuision to suppiement if not suppiant the consensuai approach and methods of persuasion:
6.3 It was brought to the Commission's notice that a 'committee of State Education Ministers (Saikia Committee had in August, 1996 inter-aiia, examined the need For a central iegisiation for elementary education and came to the conc1usion that it was not strictiy necessary to have a .J"
centrai iegisiation in view the fact that eiementary education was mainly the responsibility of the States and in a diverse federal polity such as ours with wide disparities, it was debatable whether a central legislation on compulsory education would serve much purpose. It was felt that since these State Governments are the main providers of elementary education, they should enact such legislation ' and be responsible for their proper implementation. Noting that existing legislation was outdated and required to be in tune with later developments and the current social ethos, the Committee was of the view that States should either amend their prevailing legislations or enact fresh legislations for free and compulsory primary education. The Central Government should support and strengthen the efforts made by the states in this regard and issue guidelines providing a broad framework for enactment of fresh legislation on the subject. The guidelines should be finalised in. consultation with State/Union territory Governments.
6.3.1. The Law' Commission finds it difficult to agree with the approach of the Saikia Committee for the reasons al'eady stated. The spirit of cooperative federalism does not come in the way of central legislation, nor does the central legislation prevent the States from offering appropriate amendments (as may be called for in their local conditions) to
-such central legislation. Only when an inconsistent law or inconsistent provision (inconsistent with the central tur III gisl I l at:
legislation) is sought to be enacted by the State L that the requirement of President's assent is necessary to .-Z make it effective and valid as per article 254(2).
In fact, the report of the Pariiamentary Standing Committee on Human Resource Deveiopment has stated in paragraph 15.6 that the Centrai Government should consider working out the necessary 1egis1ation to provide for the universaiisation of free elementary education. This Taw shouid be simpie "with some skeietai framework which may aiso indicate the Centra1 share in the financiai burden. The detai1s can be formu1ated by the respective States according to their requirements".
being worked out by the No such Taw is presentiy Centrai Government, which is awaiting the passing or the Constitution (Eighty-third Amendment) BiT1, 1997 before taking action.
In As above noticed there does not appear to be any sen e of urgency with regard to the Constitution (Eighty-third Amendment) Bi11. Presentiy it Ties in a state of suspended animation and one does not know if and when and in what form it wi11 eventuaiiy be passed. We are Fast moving towards the end of the century and Indian chi1dren cannot wait and remain ignorant. Their' needs have to be deait with Today. The Supreme Court has given them the right to eiementary education as part of their right to a dignified Tife, a Tife where they This is the Tnw or the Tand and must be can make choices.
impiementec immediateiy.
6.4 On the issue of ramifications of compe11ing parents/guardians of every chi1d to send their chiidren to attend the schoo1, the Committee of State Education Ministers appears to have examined the matter keeping in view the sooio--economic conditions prevailing in the country. It pointed out that one of the major barriers in the effective enforcement of compu1sory education 1aws had been the of iarge scale punishment by imposition of imprisonment of defau1ting parents, particu1ar1y those who ostensibiy cou1d not afford to send.their chi1dren to schoo1. Another apprehension was that the defau1ting pa'ents wou1d be subject to considerab1e harassment by the bureaucracy, resu1ting in widespread resentment among the general popu1ation against the imp1ementation of compu1sory education Iaws.
Law Commission that the request of The agrees compuision on the parent/guardian shouid not be a11owed to become an instrument of harassment and pena1ties should be enforced on1y as a iast resort; and that too in a humane and compassionate manner without 1osing sight of the objective of the exercise, that is, pressurising and persuading recaicitrant parents to send their chiidren to schoo1. The punishment may vary from State to State and could possibiy in.1ude community service (Shram Qaan, Kar Sev- etc.) and disincentives as determined by Panchayati Raj In this connection, it may be noticed that in the United Kingdom, the defauiting parents who faii to send their chiidren to the schools, are forced to do so through the State agencies. Under sections 37(5) and 40(1) of the Education Act, 1944 in that country, any person who Faiis to compiy with a schooi attendance order served upon him is guiity of an offence uniess he proves that he is causing the chiid to receive efficient fu11--time education suitabie to his age, ability and aptitude otherwise than at sohooi. On a summary conviction for the offence, a person is 1iab1e in the case of a first offence to a fine not exceeding pounds 10, on a second conviction of the same offence to a fine not exceeding pounds 20 and on a third or a subsequent conviction_of the same offence to a fine not exceeding pounds 20 or imprisonment not exceeding one month or both (Education Misceiianeous Provisions) Act, 1948 section 9(1) (UK); Criminai Justice Act, 1967, section 92(1), Scheduie 3, Part--I (UK). The court by which a person is convicted of faiiing to compiy with a schooi attendance order or before which a person is charged with fai1ing to cause a chiid of compulsory schooi age to attend reguiariy at the schooi at which he is a registered pupii,-may direct' the 1oca1 education authority which instituted the proceedings to bring the child in question before a juvenile court (section 40(3) of the Education Act, 1944 (UK) and Chiidren and Young Persons Act. 1969, section 72(3), Scheduie 5, para 13 (UK). 6.4.1. Many existing State Legis1ations in our country on the subject aiso provide for imposition of punishment on the parents who Fai1 to send their chiidren to schoo1. In the Commission's view, it wou1d not be conducive to reaiising the objective of compuisory education to provide a punishment which may vary from State to State.
6.5 The Department of Education has right1y emphasised the need for social mobi1isation and invo1vement of the community to bui1d up pubiic opinion in favour of UEE which is cruciai to impiementation of the proposai. The saikia committee recommended, inter--a1ia, that NGOs shou1d be provided Iarger assistance and support in their efforts to promote UEE; and Panchayati Raj Institutions shou1d be given greater responsibi1ity in planning, management and impiementation of programmes of eiementary education. The committee a1so recommended that a Nationai Education Mission E1ementary (NEEM) shou1d be operationaiised in the Ninth Five year Plan to monitor and supervise programmes of eiementary education, assist State Governments in area specific programmes for equa1ity and equity in UEE and to Taunch a nationai media and advocacy campaign for UEE.
6.5.1. The Law Commission is in agreement with the view that sociai mobiiisation and invoivement of the community to buiid up pubiic opinion in favour of UEE is cruciai for the impiementation of the proposai. Besides, the increasing roie of vi11age education committees and parent--teacher needs However, these associations aiso to»-be acknowiedged. provisions can hardly be operationalised through incorporation in the proposed legislation. This will need to be dealt with and enforced at the executive levels through the machinery of Centre and the States. However, a specific provision enabling parent-teacher associations to monitor the functioning of the schools and the quality of education imparted therein would be in order.
6.5.2. In addition to the Non Governmental Organisations, the Panchayats and Municipalities should also be involved in this effort. Articles 243G and 243w in Chapter IX and IXA of the Constitution of India introduced by the Constitution (Seventy-Third Amendment) Act, 1992 w.e.f. 1.6.1993 provide the necessary basis for this purpose. Article 2438 contemplates the State Legislatures enacting laws conferring upon Panchayats, such powers and authority as may be necessary to enable them to function as institutions of self--government. It is further provided that such law may contain provisions for the devolution of powers and responsibilities on Panchayats at the appropriate level subject to such conditions as may be specified therein with respect to (a) the preparation of Plans for economic development and social justice and 0b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. Items 17 and 18 of the Eleventh Schedule read: "17: Education, including primary and secondary schools; 18: Technical training and vocational education" To the same effect is article 243w which places upon the Municipalities a similar obligation read with items 3 and 13 of the Twelfth Schedule. It is appropriate that State 16.6.
Legislatures shouid enact Tegisiation as contempiated by the aforesaid provisions of the Constitution, if they have not aiready done so.
6.5.3. It is essentiai that Tegisiation shouid aiso contain a provision to ensure that good schoois are estabiished at reasonabie distances so that quaiity education is avaiiabie for a11 chiidren.
Constitution (Eighty-Third Amendment) Bi11. 1997 proposing insertion and amendment of certain provisions in the Constitution $f India:- 'A Constitution amendment Bi11 being the Constitution (Eighty-Third Amendment) Bi11, 1997; dated 9th Juiy, 1997 was introduced in the Rajya Sabha on 28th Juiy, 1997. The B111 provides for the insertion of a new articie 21A the omission of articie 45 and amendments to articies 35 and 51A. The proposed articie 21A reads as under:
"21A.(1) The State shaii provide free and compu1sory education to a11 citizens of the age of six to fourteen years.
free and compuisory education (2) The night to referred to in ciause (1) shaii be enforced in such manner as the State may, by iaw, determine.
The State shaii not make any Taw, for free and (3) compuisory education under ciause (2), in reiation to the educationai institutions not maintained by the State or not receiving/aid out of State funds." lk ' 6.6.1. In the Law Commission's view, the words\"right to" in ciause (2) of proposed articie 21A shouid be substituted by the words "ob1igation to provide". This is For the reason that there cannot be a fundamenta1 "right to free and compuisory education". The Fundamentai right of citizens, " education", untii they attain the age of 14 years, is to free whereas the State's corresponding obiigation is to provide "free and compu1sory education". The chapter on fundamentai rights contains severa1 artic1es which are worded so as to create an ob1igation upon the State and yet those provisions have been understood and interpreted as creating a cor'esponding fundamentai right for citizens. The foremost examp1e of this type of Tegisiative practice is artic1e 14 which says "The State sha11 not deny to any person equaiity before the Taw or the equa1 protection of the Taws within the territory of India."
So far as c1ause (3) is concerned, the Law Commission suggests that it shou1d be totaiiy re--cast in the Tight of the basic premise of the decision in UnnikrisLnan, which has been referred to hereinabove. It wou1d neither be advisable nor the unaided educationa1 institutions are kept desirabie that outside the proposed article aitogether. whiie the p'imary ob1igation to provide education is upon the State, the private educationai institutions, whether aided or unaided, supp1ement this effort.
6.6.2. The. qhaided_flinstitutions shouid be made aware that recognition, affiiiabicn or permission to send their chiidren (Ste gagggaig for; the Government/Board examination aiso casts a r;Qorrespondingfsccia1'obiigation upon them towards the society. ifThefrecogniticn/affiTiation/permission aforesaid is meant to i ~Tenab1ei them itogsuppiement the effort of the State and not to rgenabie them to mahe money. .Since they exist and function ieffectiveiy because of such recognition/affiiiation/permission granted .by"ypub1ic authorities, they must and are bound to .serve-the pubiic interest. For this reason, the unaided leducationai,institutions must be made to impart free education {to Box of the students admitted to their institutions. This ;princip1e has aiready been applied to medicai, engineering and Tether coiieges-dmparting professionai education and there is ;no heason hAwhy'.the'.schoo1s imparting primary/eiementary 'education shouid not be Epiaced under the same obiigation. »C1ause (3) 'of proposed articie 21A may accordingly be recast to give effect to the above concept and obiigation. i6.6{3.f The aforesaid' biii aiso provides that articie 35 of .the Constitution sha1T be renumbered as ciause (1) of that :artic]eA,and'-after ciause (1) as so renumbered and before the ., x .
.«.
A .- ; ~" i'.i?~.-.f{{'-_'%'M'*1i14»g":v:»~.»*~;?\ia*"f"y?.§,'f97»: .'.'z,._«~.~-,~'~«,'- u Expianation, the-fo11owingvc1auseisha11 be inserted, name1y:-
"(2) The competent Tegisiature shaii make the iaw for the enforcement of right to free and compuisory education referred to in ciause (1) of nt of it» Article 21A within one year from the commencem the Constitution §Eighty--third Amendment) Act, 1997:
/ Provided that a provision of any iaw reiating to free and compuisory education in force in a State immediateiy before the commencement of the Constitution (Eighty-third Amendment) Act, 1997 which is inconsistent with the provisions of artic1e 21A, sha11 continue to be in force untii amended or repea1ed by a competent iegisiature or other competent authority or untii the expiration of one year from such commencement, whichever is ear1ier."
6.7. Articie 45 of 'the Constitution is proposed to be omitted by the same bi11. Further,in article 51A of the '/1 Constitution, after ciause (j), the fo11owing ciause i proposed to be added, name1y:-
"(k) to provide opportunities for education to a chiid between the age of six and fourteen years of whom such citizen is a parent or guardian."
6.7.1. .The reason given for this constitutionai amendment is that it "wouid demonstrate the necessary poiiticai wi11 and administrative resoive of the ' country to achieve universa1isation -of eiementary education and to eradicate iiiiteracy". It was suggested that this historica1 amendment of the Constitution in the 50th year of Independence wouid 'inspire the nation to meet the daunting chaiienge of achieving A the goai of education For a11 by 2000 n.0,
--
6.7.2. As is apparent from what is set out above, the States and Union territories wouid be required to enact Taws for the enforcement of the right to free and compulsory education within one year from the commencement of the Constitution (Eighty-third Amendment) Act, 1997. 6.8. The aforesaid bi11 was referred by the Chairman, Rajya Sabha to the Department--Re1ated Pariiamentary Standing Committee on Human Resource Deveiopment. A press communique inviting suggestions/views was issued on 18th August, 1997. The Committee considered the Bi11 in four sittings and heard orai evidence. It adopted the draft report at its. meeting he1d on 4th November, 1997. The report was then presented to the Rajya Sabha on 24th November, 1997 and Taid on the tabie of the Lok Sabha on the same day. Unfortunateiy, the Lok Sabha was dissoived soon thereafter and eiections were oaiied. 6.8.1. The 'Budget Session after the new Lok Sabha was constituted is over. There is, however, no indication whether the Government is inciined to pursue the pending biii. at a11 U) 6.9. The ~question is debatabie whetheri it i necessary to amend the Constitution when there is an expiicit recognition of the right to education ti11 the age of fourteen
-years by the Supreme Court in Unnikriehnan'e case. As the said judgment can be overruied by a iarger Bench in another case, thus making this right to education vuinerabie, it wouid appear advisable to give this right constitutionai sanctity. 1/ 6.10. In the view of the Law Commission, the obiigation to to th «I:
enforce the right to education should not be shifted State Governments. A uniform Centrai iegisiation underiining certain minimum parameters for imp1ementing this right wouid be cieariy desirabie. In that view of the matter, amendments to articie 35 as proposed in the Constitution (Eighty--Third Amendment Bi11) 1997 wouid be unnecessary for the reason that even if the 1aw is made by Pariiament, the State Legisiatures are scompetent to effect 1oca1 amendments thereto inasmuch as the subject of "education" is in the Concurrent List. Indeed, according to the Constitution, a State Legisiature can riso substitute a provision" in the Pariiamentary iegisiation or enact an inconsistent provision wherever necessary -- or course subject to the requirement of obtaining the ascent of the President. Simiiariy the Commission does not favour the proposed amendment under ciause (3) of articie 21A seeking to bar enactment of any iaw against educationai institutions not maintained by the State or not receiving aid out of State funds for the 'reasons indicated by us in paragraph 6.6.2. above. The Commission does not see any harm if the other amendments are retained.
6.11 The Commission is' not unaware of the fact as aiso stater in the Financiai Memorandum to the Constitution
--(Eighty-Third Amendment Biii), 1997, that huge expenditure is invoived in providing compuisory education to aii citizens of the age of six to fourteen years The annuai evpendituve estimated in this regard l§,said to be forty eight thousand It//fl nine hundre fifty crore rupees However, it is not in the domain of this Commission to dweii on resources to be found for providing free education to the chiidren. This aspect has been thev subject--matter of discussion in the report of the Committee For Review of Nationai Pqiicy on Education (1986).
The suggestions in this regard inciude ievying of "education cess". It wouid be for the Centre and the States/Union territories to raise necessary resources to achieve the goa1 of providing free education. we may incidentaiiy point out that -mopping up of resources through ievying of "education cess" has been upheid by the Supreme Court of India in Goodricke Group Ltd. casez.
6.12 Vocationaiisation of the education as a means of meeting the demand of ski11ed manpower and as an aiternative to higher education is another area on which the Government may have to pay attention. However, this cannot be a substitute for free primary/eiementary education. It is important that the peopie at iarge shouid know how much money has been aiiocated for ensuring free primary/elementary education. The State Governments concerned may be required to pubiish necessary detaiis in this respect in 1oca1 newspapers which are wideiy circuiated in the area. The District education authorities concerned shouid be aiso under an obiigation to pub1ish quarteriy detaiis as to how the funds were utiiised. There shouid be an appropriate mechanism for deaiing with compiaints of misuse of funds. In case of any Tapse or negiigence ineexecuting the project, the NGOS or K-
the PTAs or 1oca1 residents (of a group of 100 persons) may -:84 :- approach the appropriate authorities which sha11 be bound to take immediate action thereon and inform the complainant of its decision.
6.13 Fina11y, the Law Commission wouid iike to emphasize the need for immediate Centra1 1egis1ation to give 'effect to the right to education without waiting for the constitutionai amendment to go through in Parliament. Accordingiy, a draft bi11 has been prepared and annexed to this report §Annexure--A). whiie drafting the bi11, the Commission has taken into consideration iaws enacted in certain States in India as aiso recommendations or suggestions made by other bodies, committees or conferences in the fieid of education. The Commission commends the draft bi11 for its adoption by the Government of India.
I%@ (MR.JUSTICE B.P.JEEVAN REDDY}(RETD) fiwfl' (MS.JUSTICE LEILA SETH)(RETD) (DR. CHAIRMAN ~/ E§""""~'~z-
.M.GHATATE) (DR.SUBHASH C.JAIN) MEMBER MEMBER MEMBER-SECRETARY DATED: 19TH NOVEMBER, 19Q6 FOOTNOTES AND REFERENCES QHAETER-VI Cf.Co11ey, Constitutionai Law, 4th Edition, 1931, P.295 (as aiso 'referred to in Basu's Commentary on Constitution of India, Sixth Edition, vo1ume E, p.121).
Goodricke Group Ltd. v. State of west Bengai, 1995 V.Supp (1) sec 707 \\ ANNEXURE-A Free and Compulsory Education for Children Bill; 1998 An Act to provide for free and compulsory education For for all chi1dren upto 14 years of age and matters incidental thereto.
Be it enacted by Parliament in the Fifty First Year of Independence of the Republic of India as follows:
Short title, 1.(1) This Act may be called Free and Compulsory Education extent and ' Commencement for Children Act, 1998.
(ii) It extends to the whole of India.
(iii) It shall come into force on such date as the Central Government may by notification in the Official Gazette appoint.
Provided however that the date of such notification shall not be later than one year from the date on which the assent of the President is obtained. Definition 2. In this Act, unless the context otherwise reuuires,----
(a) "approved school" means any school in any specified area within the jurisdiction of a local authority imparting elementary education which --
(i) is under the management of the Central Government.,State Government or the local authority, OI"
(ii) being under any other management, is recognised by the iocai authority for the purposes of this Act and receives aid from Government Funds for running the schooi, or
(iii)being under any other management, is recognised" by the iocai authority for the purposes of this Act and has received substantiai aid from Government funds in setting up. or expanding the schooi.
(b) "appropriate government" means the State Government in the case of States mentioned in Part I of the First Scheduie to the Constitution and in the case of Union Territories mentioned in Part II of the First Scheduie to the Constitution, the 'Government of India'.
(0) "attendance authority" means the Panchayat or authority concerned or any other authority as 1oca1 may be prescribed;
(d) "attendance at an approved schooi" means presence for instruction at a schooi imparting eiementary education for such number of days, and on such days in a year, and at such time or times on each day of attendance, as may be prescribed;
(e) "chiid" means a boy or giri within such age group not being iess than six or more than Fourteen.
(f) "competent authority" means the Director of Education of the Government or such other authority as may be specified by the Goyernment;
A
(g) "compuisory education" means and impiies an obiigation on Government to take a11 steps to ensure that every chi1d is enroiied and retained ti11 the prescribed 1eve1 of education in a schoo1 the prescribed courses of study and the steps taken in that beha1f;
(h) the "free education" means exemption from ob1igation to pay tuition fee or other charges which schoo1s usua11y coilect flrom pupi1s in a schooi. It extends to provision of Free supply of text-books, note-books and other study materiais and may aiso include heaith care and nutrition where the appropriate Government so deoiares by rules under the Act;
(i) "guardian" means any person to whom the care, nurture or custody of any chiid fa11s by iaw or by naturai rights or by recognised usage, or who has accepted or assumed the care, nurture or custody of any chi1d or to whom the care,' nurture or custody of any chiid has been entrusted by any iawfui authority;
(j) "parent" means the father or mother of a chiid and inciudes an adoptive'father or mother;
(k). "prescribed" means prescribed by tuies made under this Act;
(1) "recognised school" means a school recognised by the competent authority or recognised by or affiiiated to the Centrai Board or Secondary Education or other iike pubiic education authority.
(m) "school" means a centre for imparting education to chiidren of six to fourteen years where imparting.
Compulsory Education Responsibility of parent to cause his child to attend school is not less than the strength of the teaching staff two; i
(n) "uohuol nun" In inlntlun Lu n vhild mnunn being not ieee than six years or not more than fourteen;
(0) "special school" means any institution which imparts such education as in the opinion of the Government is euitabie for chiidren suffering from any (lo'~l'm~.i.; nnii L "year" means the academic year as specified by phyeicai or mental (D) the government.
3. - (i) Subject to the provisions of. this Act education ehaii be compuisory for every child of school age.
(ii) For giving effect to the provisions of subsection (1) the Government of India and the State Governments shaii ensure that atloast one school is eetabiished within 1-1/2 kilometres distance of all centres of human habitation within ita Luititury.
4. (1) It shaii be the duty of the parent or guardian of cause the chiid to attend an approved school every chiid to uniees therenbe.a reasonable excuse for his/her non--nttendance within the meaning ofisection 5.
(2) It shaii be the duty of the attendance authority to ensure compiiance with sub-section (1). This duty shall extend to chiidren without a parent or guardian. Reasonable excuse for non-
nttendance Certain duties of Teachers Parent-
teacher Association
5. For the purposes of this Act any of the foliowing circumstances ahaii be deemed to he a reasonable nuruse for the non-attendance of a child:
(i) that there is no approved schooi within the prescribed distance from his residence;
(ii) that the chiid is receiving education in a recognised school;
(iii)that the child suffers from a physicai or mentai defect which prevents him from agtundance;
such chiid is exempt from attendance on
(iv) that any other ground as may be prescribed;'
6. It sha11 be duty of the teachers in association with the parents/guardians to ensure continued attendance of chi1dren enro11ed in the schoois. Every teacher has an obiigation not oniy to impart education but to aiso support a11 round deveiopment of the children entrusted to his/her care. The teachers wi11 report to the attendance authority if they are unsuccessfui in their efforts to get a defaulting chi1d back to schooi. Faiiure to report wi11 be deemed to be a professionai misconduct and the teacher wi11 be proceeded against accordingiy.
7. A parent-teacher association shaii be constituted in each schoo1 in the manner as prescribed. It sha11 be the duty of such an association to ensure that qua1ity education is imparted and proper standards are maintained in the school. Special Schools Attendance Order The concerned local authority or panchayat shall also be under a similar obligation in respect of the schools within its area.
8. If there is in existence a special school within the prescribed distance from the residence of a child who is suffering from a physical or mental defect, the competent authority may, if it is satisfded that the child is not receiving any education in some other manner considered by it to be satisfactofy. by order require the child to attend the special school; and it shall be the duty of the parent or guardian of such child to cause the child to attend the special school unless there be a reasonable excuse for the non-attendance of the child within the meaning of clause (iv) of section (5).
9. (1) Whenever the attendance authority has reason to believe that the parent or guardian of a child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the non--attendance of the child within the meaning of section 5; it shall hold an enquiry in the prescribed manner.
(2) If as a result of the enquiry the attendance authority is satisfied that the child is liable to attend an approved school under this Act and that there is no reasonable 7:
excuse for his non--attendance within the meaning of section _, attendance order in the prescribed form it shall pass an directing the parent,or guardian to cause the child to attend the approved school with effect from the date specified in the order.
(3) An attendance order passed against a parent or guardian in respect of his chiid under this section shali, subject to the provisions of sub--section (6), remain in force for so long as this Act continues to appiy to the child. (4) If any parent or guardian against whom an attendance order has been passed in respect of his chi1d under sub-section (2) transfers the custody of the chiid to another 'person during the period for which the attendance order is in force, such parent or guardian sha11 be bound to immediateiy inform the attendance authority in writing of such transfer with the necessary particuiars.
(5) where an attendance order has been passed against a parent or guardian in respect of his chiid under this section, such order sha11 have effect in reiation to every other person to whom the custody of the chiid may be transferred during the period for which the attendance order is in force as it has effect in reiation to the person against whom it is passed.
(6) A parent or guardian may at any time apply to the attendance authority for canceiiation of an attendance order on the ground --
(i)' that he is no ionger the parent or guardian in respect of the chiid; or i
(ii) that circumstances have arisen which provide a reasonabie excuse for non-attendance;
and thereupon the attendance authority may, after hoiding an inquiry in the pnescribed manner, canoe] or modify the attendance order.
Employment or engagement of a child preventing from attending school not permissible No fee to be levied I LO
0) I
10. No person shall employ or engage a child in a manner which shall prevent the child from attending an approved school.
11. '(1) No fee shall be levied in respect of any child for attending an approved school which is under the management of the Central Government, State Government or a local authority or under private management but receiving aid from government funds.
(2) where, in respect of any child an attendance order has been passed under section 9 and the only school which he can attend is an approved school under private falling within sub--clause (iii) of (a) of management Cl ELISE section 2, the school shall admit such student in consultation with' the parent--teacher association and the local authority subject to the limit of forty per cent as mentioned in sub-section (3).
(3) (i) The approved schools falling within sub--clause impart free education of clause (a) of section 2 shall
(iii) to forty per cent of the students admitted to any class upto and inclusive of eighth dstandard. The children~under this category shall be chosen by the locaj'authority 'concerned in. consultation with the parent--teacher association from the G poorer strata of society of the village or locality who are not able to afford the,fee and other charges levied by the school.
(ii) In case of any dispute, the competent authority shall decide whetherfthe school has received "substantial aid"
in terms of sub--clause (iii) of clause (a) of section 2. Obligation of recognised schools How to compute the age of a child Penaitv for violation of attendance order \
12. Every recognised schooi sha11 impart free education to twenty per cent of the students admitted to any ciass upto and inciusive of eighth standard. The students in this category sha11 be admitted by the schooi in consuitation with the barent-teacher association and the concerned 1oca1 authority from among the chiidren of the poorer strata of society of the viliage or iocaiity, who are not able to afford the fee and other charges ievied by the schooi.
13. The age of a chiid for the purposes of this Act shail be computed in terms of years compieted by the child on or before the first day of the academic year:
Provided that where the birthday of a child fa11s on a day not iater than sixty days from the first day of the the birthday shaii be deemed to fa1l on the academic year, first day of the academic year for the purpose of computing the age of the chiid.
Ordinariiy the birth certificate and in its absence the deciaration of a parent or guardian wi11 be prima facie proof of age uniess the admitting authority has reasons to disbeiieve it.
In case it is 'disbe1ieved, the authority concerned shouid record the reasons therefor and make such enquiry as is deemed appropriate for determining the age.
14. Every parent or guardian who faiis to discharge his be iiabie to duty or compiy with the attendance order sha11 fine not exceeding Rs.5/-- for each day in vioiation as may be Penalty for contravention of Section 10 and cognizance of offence Courts competent to try offences under the Act Certain persons to be public servants imposed by the competent authority. (1) section 10 he shall be punishable with a fine which may extend
15. If any person contravenes the provisions of to Rs.500/-- and in the case of continuing contravention, with an additional fine not exceeding Rs.50/- for each day during which such contravention continues after conviction for the first of such contraventions.
(2)under this Act No court shall take cognizance of an offence except on the complaint of the competent authority/attendance authority or any other person authorised in this behalf by the local authority by general or special order.
16. (1) The Courts competent to try offences under Section 15 of this Act shall be the following,-
(a) the Panchayat Adalat -- by whatever name called, in respect of offences . within their 'jurisdiction; A (bl Where there are no Panchayat Adalats - by whatever name called - and where the offence takes place outside the jurisdiction of such ~ Panchayat--Adalats, the court fof a magistrate having jurisdiction over the area.
(2) Any offence triable by the Panchayat Adalat shall be tried in the manner provided for the trial of 'criminal Cases by the concerned Panchayat Raj Act, and any offence triable by a magistrate shall be tried in a summary wayt
17. Every person referred in clauses (c) and (f) of
-;'rotection ofacfion 'iukcn in good N;aith ,,,, waelegation of powers ,....
Power to F3ke rules ~1ie against the Government or section 2 and other persons authorised to .1odge compiaints under section 15 sha11 be deemed to be public servants within the meaning of section 21 of the Indian Penai Code. prosecution or other
18. No suit, 1ega1 proceeding sha11 any authority or person in respect of anything which is in good faith done or intended to be done under this Act.
19- (1) The appropriate Government, may by notification in the Official Gazette and subject to such conditions, if any, as may be specified in the notification, authorise any officer or authority subordinate to it to exercise a11 or any of the powers conferred on the appropriate Government by or under this Act.
(2) A 1oca1 authority may, by genera1 or special order and with the previous approvai of the appropriate Government, authorise any officer or authority subordinate to it to exercise a11 or any of the powers conferred on a locai authority by or under this Act.
20. C1) The appropriate Government may, by notification' in the Officia1 Gazette and subject to the condition of previous pub1ication, make ruies to carry out the purposes of this Act. A (2) In particuiar, and without prejudice to the generaiity of the foregoing power, such ru1es may provide for a11 or any of the foilowing matters, name1y:-
(a) the quaiity and standard of education which eha11 be considered essentia1 for education and' the measures to be taken for imparting such education;
"(b)" the particu1ars to be contained in any scheme inciuding particuiars reiating to the provision made or to be made in any area for the estabiishment of speciai schoo1s or of schoois imparting education or for the supp1y of books, writing materiais, uniforms or other necessary amenities, to chiidren whi1e attending schooi or for hea1th care and nutrition.
(c) the manner in which iists of chi1dren may be prepared 'and the intervais at which the iists sha11 be kept revised and persons with whose assistance such iists sha11 be prepared; i
(d) the functions to be performed, and the manner in which such functions may be performed, by competent authorities;
(e) the distance beyond which a chiid may not be compe11ed to attend an approved schooi;
(f) h the circumstances which may be regarded as reasonab1e excuses for the non--attendance of a chiid within the meaning of section 5;
(g) .the manner in which any inquiry under this Act may be he1d inciuding the determining of age;
(h) the form in which an attendance order under this Act may be passed;
'(i) the composition of parent--teacher associations to assist schoo1s to ensure a relevant and vaiue based education; /,, ,>*' (J) the registers, statements and other 1nformat1on to be ma1nta1ned or furnished by approved for the purposes of th1s Act;
(k) prescribed under this Act.
any other matter schoo1s which has to be, or may be ANNEKUBE-B ACTS PEBTAINING TO COMPULSORY PRIMARY EQHQAIlQflLELEMEMIABI_§QMQAIlQM STATES/UTS NAME OF ACT
1. ANDHRA Andhra Pradesh Education Act 1982 (Act PRADESH 'No.1 of 1982)
2. ASSAM The Assam E1ementary Education (Provincia1isation) Act, 1974 (Assam Act No.6 of 1975) /' ,
3. BIHAR Bihar Primary Education (Amendment) Act 1959 (Bihar and Orissa Education Act (1 of 1919) as amended by Bihar Act XVI of 1939 and Bihar Act XVII of . 1946 and Bihar Act IV of 1959).
4. DELHI The De1hi Primary Education Act 1960 Act No.39 of 1960
5. GOA The Goa Compu1sory E1ementary Education Act, 1995 (Goa Agt NO.4 OF 1996) 'g /
10.
11.
12. GUJARAT HARYANA HIMACHAL PRADESH JAMMU & 1984 KARNATAKA KERALA MADHYA PRADESH ' MAHARASHTRA --:100:- Gujarat Compuisory Primary Education Act, 1961 (Gujarat Act No.XLI of 1961) Punjab Primary Education Act 1960 The Himacha1 Pradesh Compulsory Primary Education Act 1953 (Act No.7 of 1954) The Jammu and Kashmir Education Act (Act No.XI of 1984) The Karnataka Education Act 1983 (Karnataka Act No.1 of 1995) (First pub1ished in the Karnataka Gazette Extraordinary on the Twentieth day of January, 1995) Education Act 1958 (Act The Kerala NO.6 of 1959)(As amended by Acts 35 of 1960, 31 of 1969 and 9 of 1985) The Madhya Pradesh Primary Education Act 1961 (Madhya Pradesh Act No.33 of 1961) The Bombay Primary Education Act 1947 (Bombay Act No. LXI of 1947)(As \modified upto 30th Aprii, 1986) -:101:-
14. ORISSA Orieea Basic Education Act 1951 No.18 Oriasa Primary Education Act 1969 as amended by the provisions of the Orissa Education (Amendment) Act, 1974 ' s. 1975
15. PUNJAB Punjab Primary Education Act 1960, No.39.
16, RAJASTHAN The Rajaathan Primary Education Act 1964 (Act 3 No.31 of 1964)
17. TAMIL NADU The Tamii Nadu Compuisory Eiementary Education Act 1994 (Act No.33 of 1995)
18. UTTAR United Provinces Primary Education Act PRADESH 1919* (UP Act No.7 of 1919)/United Provinces ' '(Dist. Boards) Primary Education Act 1926' (UP Act No.1 of 1926) Adapted and modified by the Adaptation . of Laws Order 1950
19. WEST BENGAL Primary Education Act 1973 (West Bengai No.43 of 1973)-
5NOTE: '(as per information avaiiabie tiii November, 1996) / I