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    'An Educated India is A Progressing India' Education for All

    INDIAN

    ELEMENTARY

    EDUCATION

    FREE &COMPUSORY

    6 to 14 year CHILDREN

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    Universal Elementary Education The role of Universal Elementary Education (UEE) for

    strengthening the social fabric of democracy through

    provision of equal opportunities to all has been

    accepted since the inception of our Republic.

    The original Article 45 in the Directive Principles of

    State Policy in the Constitution mandated the State to

    endeavour to provide free and compulsory education

    to all children up to age fourteen in a period of ten

    years.3

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    In 2002, the 86 th constitutional amendment was

    followed by rounds of discussions(tabling of right for

    free and compulsory education bills by the NDA andthe UPA governments), which made education a

    fundamental right for children in the age group of 6

    14 tears.

    The Act was introduced in Rajya Sabha in December

    2008. It was passed in the Lok Sabha on 4 th August

    2009 and the president gave his assent to it on 26

    August 2009.The Act came into force on 1 April 2010

    as a fundamental right.4

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    The Sarva Shiksha Abhiyan had beenset with specific targets. These are:

    All children in school, EducationGuarantee Centre, Alternate School or 'Back-to-School' camp by 200 5.

    All children complete five years ofprimary schooling by 200 9 .

    Children complete eight years ofelementary schooling by 201 2 .

    Focus on elementary education ofsatisfactory quality with emphasis on

    education for life. Bridge all gender and social categorygaps at the primary stage by 200 9 andat the elementary education level by201 2.

    Universal retention by 201 2 .

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    Though the Sarva Shiksha Abhiyan [SSA]

    is being administered through government

    and govt. aided schools,

    some private unaided schools are also

    actively involved in contributing towardsuniversal elementary education .

    The govt. entered into an agreement with

    the World Bank for assistance to the tune of

    US $ 600 million to fund the second phase

    of the S S A.

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    To promote literacy among its citizens, the

    Government of India has launched severalschemes such as

    the Kasturba Gandhi Balika Vidyalaya

    Scheme,

    Mid-day Meal Scheme and

    the National Program for Education of Girlsat Elementary Level (NPEGEL).

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    Role of Private Sector in SSA

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    National Commission for Protection of Child Rights

    The act also provides that, no child shall be held back, expelled, or

    required to pass a board examination until completion of

    elementary education.

    Provision for special training of school drop-outs to bring them at-

    par with the students of the same age.

    Right to Education of Person with Disabilities till 18 years of age

    has been made a Fundamental Right.

    The act provides for establishment of the National Commission forProtection of Child Rights and State Commissions for supervising

    of proper implementation of the act , looking after the complaints

    and protection of Child Rights.

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    IMPLEMENTATION OF RTE EEGULATIONS

    Successful implementation of the RTE act

    passed by the central government requires key

    steps to be undertaken by state governments.

    States are required to notify specific rules forcarrying out the provisions of the Act. They are

    also required to constitute a State Commission

    for the Protection of Child Rights and notify a

    state academic authority to frame and monitor

    the curriculum.

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    The Constitution (Eighty-sixth Amendment) Act, 2002,

    inserted Article 21-A in the Constitution of India to provide

    free and compulsory education of all children in the agegroup of six to fourteen years as a Fundamental Right in

    such a manner as the State may, by law, determine. The

    Right of Children to Free and Compulsory Education(RCFCE) Act, 2009, which represents the consequential

    legislation envisaged under Article 21-A, means that every

    child has a right to full time elementary education of

    satisfactory and equitable quality in a formal school

    which satisfies certain essential norms and standards.12

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    Major Highlights of the Act

    The Act makes education a fundamental right of

    every child between the ages of 6 and 14. It requires all private schools to reserve 25% of

    seats to children from poor families (to be

    reimbursed by the state as part of the public-

    private partnership plan).

    It also prohibits all unrecognized schools frompractice, and makes provisions for no donation

    or capitation fees and no interview of the child

    or parent for admission.

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    The Act also provides that no child shall beheld back, expelled, or required to pass a

    board examination until the completion ofelementary education. There is also a provision for special training of

    school drop-outs to bring them up to par with

    students of the same age. The Right toEducation of persons with disabilities until 18years of age has also been made afundamental right.

    A number of other provisions regardingimprovement of school infrastructure, teacher-student ratio and faculty are made in the Act. 14

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    Monitoring and Implementation of the act

    should be done by the National Commission

    for the Protection of Child Rights, an

    autonomous body together with Commissions

    to be set up by the states. Schools excluded from RTE under special

    category : Kendriya Vidyalaya, Navodaya

    Vidyalaya, Sainik School and Madrasas

    (protected under Article 29 and 30 of the

    Constitution)

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    The 86th constitutional amendment (2002), And the RTE Act (2009), have given us thetools to provide quality education to all ourchildren. It is now imperative that we the

    people of India join hands to ensure theimplementation of this law in its true

    spirit. The Government is committed to

    this task though real change will happenthrough collective action . 17

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    Both the Central and state governments are responsible

    for ensuring effective implementation of the Act. There has

    been significant improvement in terms of the number ofprimary schools, largely due to additional resources made

    available through the Sarv Shiksha Abhiyaan to bridge

    existing gaps. The scheme is now being extended to thesecondary school level as well.

    In addition to the Government s initiative, the private

    sector has also played a role in improving the state ofeducation in the country and continues to do so.

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    Reservation of 25% seats in privateschools for children from poor

    families The school may be therebut students may notattend, or drop out after

    a few months. Through school & social

    mapping, many issuesneed to be addressedthat prevent a weak childfrom completing theprocess of education.

    The principle behind 25%reservation is to promotesocial integration.

    A school is a perfect setting

    where existing inequalities

    in society can be bridged

    if the school encourages

    students to integratepsychologically,

    emotionally and academically. 19

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    The Right of Children to Free and Compulsory Education

    (RTE) Act, 2009 has come into force with effect from April

    1, 2010. The Sarva Shiksha Abhiyan (SSA) Framework of

    Implementation and norms for interventions have been

    revised to correspond with the provisions of the RTE Act.

    This includes

    interventions, inter alia for opening new primary and

    upper primary schools as per the neighbourhood

    norms notified by State Governments in the RTE

    Rules, 20

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    support for residential schools for children in areas

    which are sparsely populated, or hilly or densely

    forested with difficult terrain, and for urban deprivedhomeless and street children in difficult circumstances,

    special training for admission of out-of-school children

    in age appropriate classes, additional teachers as pernorms specified in the RTE Act,

    two sets of uniforms for all girls, and children belonging

    to SC/ST/BPL families, strengthening of academic support through block and

    cluster resource centres, schools, etc. 21

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    Implementation ofRIGHT TO EDUCATION ACT

    provides for all children the benefit of freeand compulsory

    admission, attendance and

    completion

    of elementary education.

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    Enrol, attend, learn,and

    Be empowered by education

    Providing universal access itself is no longerenough; making available school facility isessential but not sufficient.

    A monitoring mechanism is needed to ensurethat all children attend school regularly andparticipate in the learning process.

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    Not attending,drop-out in a few months?

    Focus must be on the factors that preventchildren from regularly attending &completing elementary education. Childrenfrom

    weaker sections and disadvantaged groups, as also girls.

    SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND PEDAGOGICISSUES

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    Free, compulsory and of high quality

    The right to education is free, compulsory andit includes good quality education for all.

    A curriculum not only provides good reading

    and understanding of text books but alsoincludes learning through activities,exploration and discovery.

    Comprehension, competence,competitiveness and creativity should bedeveloped, not forgetting compassion. 25

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    Education Depts of State & UnionGovernments have direct responsibility

    To provide schools, infrastructure,

    trained teachers, curriculum and teaching-learning material, and mid-day meal.

    A well coordinated mechanism is needed forinter- sectoral collaboration & convergence.

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    On the part of the whole Govts:

    The factors that contribute to theachievement of the overall goal of

    universalizing elementary education as afundamental right requires action on the

    part of the whole Governments.

    A well coordinated mechanism is needed forinter- sectoral collaboration & convergence.

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    Timely & appropriate financialallocations, redesign school spaces

    The Finance Department to release fundsat all levels.

    The Public Works Dept. to re-conceive andredesign school spaces from the pedagogic

    perspective & Address issues of including

    disabled children through barrier freeaccess. 28

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    Provide Social & Location Mapping ofschools, Water & sanitation facilities The Dept. of Science & Technology to

    provide geo-spatial technology to performat

    grass-root survey.

    Provision of access to sufficient safedrinking water

    Provision and access to adequatesanitation facilities, specially for girl child. 29

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    ROLE OF CIVIL SOCEITY in RTE

    Above all, people s groups, civil societyorganizations & voluntary agencies will playan crucial role in the implementation of the

    RTE Act. This will help build a new perspective on

    inclusiveness, encompassing gender &social inclusion, & ensure that these becomeintegral & crosscutting concerns informingdifferent aspects like training, curriculum andclassroom transaction. 30

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    ROLE OF CIVIL SOCEITY

    A VIBRANT CIVIL SOCEITY MOVEMENTCAN ENSURE THAT THE PARENT / CHILD FROM WEAKER OR

    DISADVANTAGED SECTIONS BECOME

    AWARE OF THE VALUE OF EXERCISING THE RIGHT

    TO ELEMENTARY EDUCATION AND

    PUT IN SERIOUS EFFORTS ON THEIRPART. NGO contribution of knowledge, ideas and

    solutions to the challenges are needed.31

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    A key issue being raised against theprovisions of the RTE Act is the absenceof provisions for improving the job conditions ofteachers. This leads to limited availability ofquality teachers in rural or inaccessible areas. According to analysts, teacher training is one

    of the biggest requirements of thecurrent system and has been neglected by the Act.

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    The National Council for Teacher Education has laid

    down the minimum qualifications for teachers in schools

    in 2001 on the basis of the National Council for Teacher

    Education Act and the RTE Act, according to which

    teachers appointed by the government or employing

    authority should be trained and have minimum

    qualifications for different levels of school education.

    Within the five year period, all teachers need to acquire

    the academic and professional qualifications prescribed

    by the academic authority under the RTE Act. This is a

    difficult task.44

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    Free education means that no child, other

    than a child who has been admitted by his

    or her parents to a school which is not

    supported by the appropriate Government,

    shall be liable to pay any kind of fee or

    charges or expenses which may prevent

    him or her from pursuing and completing

    elementary education. 46

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    .Compulsory education casts an obligation on

    the appropriate Government and local

    authorities to provide and ensure admission,

    attendance and completion of elementary

    education by all children in the 6-14 agegroup.

    With this, India has moved forward to a rights

    based framework that casts a legal obligation

    on the Governments to implement this right. 47

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    The new law provides a justiciable legal

    framework that entitles all children between the

    ages of 6-14 years free and compulsory

    admission, attendance and completion of

    elementary education. It provides for children sright to an education of equitable quality, based

    on principles of equity and non-discrimination.

    Most importantly, it provides for children s right to

    an education that is free from fear, stress and

    anxiety.

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    The Rights perspective under the RTE Act has also

    brought in new monitoring mechanisms to ensure that

    child rights under the Act are protected. The RTE Act

    provides for constitutionally created independent bodies

    like the National and State Commissions for Protection

    of Child Rights to perform this role. These bodies, with

    quasi-judicial powers bring in an element of monitoring

    new to the implementation of SSA, requiring that

    internal monitoring mechanisms under the SSA engage

    purposefully with these independent bodies. 49

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    The RTE provides a legally enforceable rights

    framework with certain unambiguous time targets that

    Governments must adhere to. For example, the Act

    mandates that every child in the six to fourteen age

    group shall have a right to free and compulsoryeducation in a neighbourhood school. The Act also

    provides that if a school does not exist in an area or

    limit prescribed as the neighbourhood, the appropriateGovernment and the local authority shall establish a

    school in this area within a period of three years. 51

    Th i d S S A F k f I l t ti i

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    The revised S S A Framework for Implementation is

    derived from the recommendations of the Committee on

    Implementation of RTE Act and the Resultant Revamp ofS S A , and is intended to demonstrate the harmonization

    of S S A with the RTE Act. It is also based on child centric

    assumptions emerging from the National Policy onEducation, 1986/92 and the National Curriculum

    Framework (NCF), 2005. The revised S S A Framework

    of Implementation provides a broad outline of approachesand implementation strategies, within which States can

    frame more detailed guidelines keeping in view their 52