right to education a study

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CHAPTER-I INTRODUCTION 1.1 Introduction Human beings are the best creation of God and all human beings are equal before God. Education is a process of human development and above all empowerment for the achievement of a better and higher quality of life. Education enables an individual to put his potentials to optimal use. Learning through education makes a man right thinker and correct decision maker. It can be achieved by acquiring knowledge from the external world and acquainting with the present situation so that a man can be a better judge for himself. With education he finds himself in a room with all its windows open outside world. A well educated person is a dependable worker, a better citizen, a center of wholesome influence, pride to his community and honour to his country. A nation is counted as great for the proportion of its advancement in education. Education contributes towards national and economic development of the nation children to play, run, jump, sing and dance at the same time attend school fully. Right to education is an enabling right. Education created the voice through which rights can be claimed and protected and without education people lack the capacity to achieve valuable functioning as part of living. By 1

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RIGHT TO EDUCATION ACT

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Page 1: RIGHT TO EDUCATION  A STUDY

CHAPTER-I

INTRODUCTION

1.1 Introduction

Human beings are the best creation of God and all human beings are

equal before God. Education is a process of human development and above

all empowerment for the achievement of a better and higher quality of life.

Education enables an individual to put his potentials to optimal use. Learning

through education makes a man right thinker and correct decision maker. It

can be achieved by acquiring knowledge from the external world and

acquainting with the present situation so that a man can be a better judge for

himself. With education he finds himself in a room with all its windows open

outside world. A well educated person is a dependable worker, a better

citizen, a center of wholesome influence, pride to his community and honour

to his country. A nation is counted as great for the proportion of its

advancement in education. Education contributes towards national and

economic development of the nation children to play, run, jump, sing and

dance at the same time attend school fully.

Right to education is an enabling right. Education created the voice

through which rights can be claimed and protected and without education

people lack the capacity to achieve valuable functioning as part of living. By

accessing to education one can develop the skills, capacity and confidence to

secure other rights. Education gives people the ability to access information

and complete range of rights that they hold and the government's obligations.

It supports people to develop the communication skills to demand these

rights. The confidence to speak in a variety of forums and the ability to

negotiate with a wide range of administrative officials and power holders.

Everyone has the right to education. As per the international frame

work of Universal declaration of Human Right it is stated as education is an

inalienable human right. It is also unique in that it empowers the individual to

exercise other civil, political, economic, social and cultural rights attaining a

life of dignity, while ensuring a bright future for all, free from want and from

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fear. To become an effective reason for learning to know, to do, to live

together and to become well aware, education must be available, accessible,

acceptable and adaptable. Thus the right to education helps to individual to

make important choices in life.

1.2 Historical Background

Till the 19th century, education was largely considered a privilege

restricted to persons at the higher end of the caste or class system. History is

replete with examples of caste, class and gender-based discrimination in

imparting education. Education was the sole privilege of the priestly castes

(Brahmins) primarily because of the religious basis for the content of

education, coupled with the elitist medium of instruction that was chose to

impart the knowledge. Admission to Gurukulas of Ashramas was not open to

all. People from lower castes, and so called shudras (untouchables), in

particular, were barred from receiving education. Buddhism and Jainism

overthrew the dominance of classical Vedic education by the end of the eighth

century A.D, forcing education beyond the confines of hermitages. Thereafter,

several learned Brahmins started Pathasalas (schools) in important towns

where they received patronage. Therefore, in ancient and medieval India,

education was intertwined with religion. From the location of Gurukulas to

excluding sections of the society from accessing education, the system of

education was clearly not accessible to all persons.

British policy of introduction modern education was not a spontaneous

benevolent act. The progress in education was facilitated with a view to

serving their vested interests, i.e., to train Indians as clerks, managers and

other subordinate workers to staff their vast politico-administrative machinery.

However, education of the 'Indian masses was largely neglected, and by the

beginning of nineteenth century, it was in shambles.

The demand for FCE in India can be tracked back to the early stages

of the freedom struggle in British India. It subsequently became an integral

part of the freedom struggle. In the evidence placed before the Education

Commission (Hunter Commission) appointed in 1882, Dadabhai Naroji and

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Jyothiba Phule from Bombay demanded State-sponsored free education for at

least four years. The Commission also recommended that schools should be

open to all castes and classes.

The first law on compulsory education was introduced by the State of

Baroda in 1906. The first documented use of the word right in the context of

elementary education appears in a letter written by Rabindranath Tagore to

the International League for the Rational Education of Children in 1908. In

1911, Gopal Krishna Gokhale moved a Bill for compulsory education in the

Imperial Legislative Council, albeit unsuccessfully. The Legislative Council of

Bombay was the first amongst the provinces followed suit as control over

elementary education was transferred to Indian Ministers under the

Government of India Act, 1919.

In 1937, at the All India National Conference on Education held at

Wardha, Gandhi mooted the ideas of self-supporting 'basic education' for a

period of seven years through vocational and manual training. This concept of

self-support was floated in order to counter the Government's constant excuse

of lack of resources. First, within the 'basic education course', there were two

divisions, the 'lower basic' or 'primary' corresponded to Classes I-V. The

'upper basic' or 'post primary' corresponded to classes VI-VII. The division

between primary and post primary was created with a view to giving pupils the

option of shifting to another form of education if they so desired after the first

five years of basic education. The next landmark development in the history of

FCE in India was the Post War Plan of Education Development of 1944, also

called the Sargent Plan, which recommended FCE for eight years (6-14 years'

age group).

1.3 Demand for a Fundamental Right to Education

The period spanning between 1950 to the judgement in

Unnikrishanan's case in 1993 saw several legal developments. The Indian

Education Commission (Kothari Commission) 1964-1968, reviewed the status

of education in India and made recommendations. Most important amongst

these is it's recommendation of a common school system with a view to

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eliminating inequality in access to education. Immediately thereafter, the

National Policy on Education, 1968 was formed. The 1968 policy was the first

official document evidencing the Indian Government's Commitment towards

elementary education. The Policy dealt with issues of equalization of

educational opportunity and required the common school system to be

adopted in order to promote social cohesion. However, it was not supported

by legal tools that could enforce such policy mandates. Interestingly, it even

required that special schools should provide a proportion of free studentships

to prevent social segregation in schools.

A second round of studies was conducted by the Ministry of Education

in conjunction with the National Institute of Education Planning and

Administration, and this process contributed to the formation of the National

Policy on Education, 1986. This policy, while reaffirming the goal of

universalisation of elementary education, did not recognize the 'right to

education'. The 1986 policy is also severely criticized for having introduced

non-formal education in India.

The 1986 policy was reviewed by the Acharya Ramamurti Committee

in 1990, and this review process contributed to the revised National Policy on

Education of 1992. The Acharya Ramamurti Committee recommended that

the right to education should be included as a fundamental right in part III of

the constitution. However, this recommendation was not implemented

immediately.

A great legal breakthrough was achieved in 1992 when the honourable

Supreme Court of India in Mohini Jain v State of Karnataka, remarked that

"right to education" is concomitant to fundamental rights enshrined under part

III of the constitution and that every citizen has a right to education under the

constitution. The Supreme Court subsequently reconsidered the above

mentioned judgement in the case of Unnikrishnan, J P vs. State of Andhra

Pradesh. The court (majority judgement) held that 'though right to education is

not stated expressly as a fundamental right, it is implicit in and flows from the

right to life guaranteed under Article 21 and must be construed in the light of

the Directive Principles of the Constitution. Thus, 'right to education'

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understood in the context of Article 45 and 41 means: (a) Every child/citizen of

this country has a right to free education until he completed the age of

fourteen years and (b) after a child/citizen completes 14 years, his right to

education is circumscribed by the limits of the economic capacity of the State

and its development.

In the meanwhile, major policy level changes were made under the

dictates of the IMF-World Bank Structural Adjustment Programme and the

World Band funded district primary education programme (DPEP) was

introduced in 1994. Under DPEP, the national commitment towards FCE up to

14 years was reduced and primary education for the first five years was

introduced. Further, the concept of multi-grade teaching and para-teachers

was also introduced.

While policy level changes had diluted the quality of FCE, the

Unnikrishbnan Judgement empowered people with a legal claim to FCE.

Several public interest litigation petitions were filed in different High Courts to

enforce the Unnikrishnan Judgement and acquire Admission into schools.

This created tremendous pressure on the Parliament and thereafter a

proposal for a Constitutional amendment to include the right to education as a

fundamental right was made in 1996. Accordingly, the Constitution (eighty

third) amendment bill was introduced in the Rajya Sabha in July 1997. The

83rd amendment proposed that Article 21-A introduced (fundamental right to

education for 6-14 years), former Article 45 be deleted (the then existing

directive principle on FCE and Article 51-A(k) (fundamental duty on parents)

be introduced. Between 1997 and 2001, due to change in Governments, the

political will that was required to bring about the amendment was absent. In

November 2001 however, the bill was renumbered as the 93rd bill and the 83rd

bill was withdrawn. The 93rd bill proposed that former Article 45 be amended

to provide for early childhood care and education instead of being deleted

altogether. This bill was passed in 2002 as the 86th Constitutional Amendment

Act.

Currently, under article 21-A of the constitution, every child between

the ages of 6-14 has a fundamental right to education, which the state shall

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provide 'in such manner as the state may, by law, determine'. Early childhood

care and education (for children in the age group of 0-6 years) is provided for

as a directive principle of state policy under article 45 of the constitution.

1.4 Significance of the Act

In several educational quarters the Education Act has been hailed as

great landmark legislation in the history of education in India. It is expected

that its implementation will provide not only for free and compulsory education

to every child between the age of 6 and 14 years of age but also help in

raising standard of education. However, there are skeptics who do not find

any weight in such arguments. It is true that the Act has raised high hopes

but if past performance in free and compulsory education is any indicator it

does not inspire much.

As a matter of fact every state has its own Education Act / Code which

includes almost all these provisions in the present Act. Nevertheless there is

one major difference. Now it is backed by an Act of the Parliament. The

present Act specifies the duties of various stake holders in education i.e., the

Central Government, he State Government, Local Authorities, the Parents

and Teachers etc.

It appears a detailed mechanism will have to be worked out to demark

clearly the role of various authorities. From the contents of the Act, one is

inclined to get the impression, that it will lead to more litigation and may

become a haven for the legal community.

The Act comprising seven chapters specifies the rights of the child as

also the duties of various agencies involved in the imparting of education to

the child.

1.5 Concept of Free and Compulsory Education for Every Child

India is a sovereign, socialist, secular, democratic republic, where all

round development of each individual is necessary for the success of

democracy. Due importance is always given to education of masses through

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different plan and policies of the country. Swami Vivekananda, Gandhiji,

Tagore and all other indigenous thinkers have emphasized the education for

masses for upliftment of nation.

Our social system is stratified into manifold layers based on class,

caste, gender and religion. Unequal social, economic and power equations,

which persist deeply, influence children access to education and their

participation on learning process. This is evident in the disparities in education

access and attainment between different social and economic group. With a

large and growing population it has been an upheaval task to keep pace with

the expanding demand for basic education to all. It has been food that the

disadvantaged sections of the society which includes minorities, scheduled

castes, scheduled tribes, other backward classes, person residing in remote

in accessible areas, person with disabilities and from poor families has been

deprived from education for many reasons.

So the education system seeks to reach out to every child by widening

access through making it free which meant to imply waiver of tuition fees.

Which is a part of educational expenses and poor families are often not able

to raise also other expenses needed which include textbooks, copies and

writing materials, uniforms, transportation, educational and support materials

for disabled children, or even library fee, laboratory fee, etc. which are not

covered under tuition fee. The phenomenon of drop-outs in particular is

related to inability of parents to meet the educational expenses of their

children, often daughters, somewhere doing the course of elementary

education. Keeping, this in mind, that "no child shall be liable to pay any kind

of fee or charges or expenses which may prevent him or her from pursuing

and completing elementary education". For example, free residential facilities

for children, whose parents migrate, prevents a child from pursuing or

completing elementary education, is also important factor to be considered

under free education. Also it includes education free from stress, fear and

anxiety. Compulsory education means obligations of the appropriate authority

to provide free elementary admission, attendance and completion of

elementary education.

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Over the years the demand for children's education has grown by leaps

and bound. Everybody from the poorest of the poor to the well off

acknowledge the value of compulsory for overall development of children.

Basically the object of education is three fold i.e. physical, mental and

spiritual.

The right to education act brought its wake a new hope for

universalization of education in the country. The children of the under

privileged section of the society who are deprived of this basic right can now

demand it as their fundamental right. The right to education is recognized as

a human right and is understood to establish an entitlement free compulsory

primary education for all children an obligation to develop secondary

education accessible to all children as well as equitable access to higher

education.

1.6 The Right of Children to Free and Compulsory Education

1.6.1 Earlier Constitutional Mandate

Prior to the Constitution (Eighty-Sixth Amendment) Act, 2002, which

came into force on 13th December 2002, the constitution had mandated

provision of free and compulsory education as a directive principle of the state

policy. The relevant article (article 45) then read as follows:

"The state shall endeavor to provide, within a period of ten years from

the commencement of this constitution, for free and compulsory education for

all children until they complete the age of 14 years."

1.6.2 Compulsory Education Acts in States and Progress Over the

Years

Eighteen states (Andra Pradesh, Assam, Bihar, Goa, Haryana,

Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya

Pradesh, Maharashtra, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh

and West Bengal) and two union territories of Andaman and Nicobar Islands

and National Capital Territory (NCT) of Delhi have their own legislations

dealing, inter alia, with compulsory elementary education.

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The National Policies on Education adopted in 1968, 1986 and revised

in 1992 contained various provisions regarding universal elementary

education. The National Policy on Education, 1986 had aimed to achieve

universal elementary education by 1995, which time frame was extended by

another five years in its 1992 version.

We were not able to achieve the target of universal elementary

education even by the turn of the century as stipulated in the 1992 version of

the 1986 policy. In 2005-2006, Gross Enrollment Ratio for all children at the

elementary stage stood at 94.92%, while dropout rate in classes I-VIII was as

high as 48.71%. Dropout rate among scheduled caste children was 55.25%

and in the case scheduled tribe children, it was 62.95%. Girls' drop out among

scheduled caste and scheduled tribe was 57.28% and 63.20% respectively.

Thus, practically half the children of all categories and almost three-fourths of

scheduled tribe girls, who were enrolled in class I, dropped out before

completion of elementary education. Even in the case of those who completed

this stage, quality of learning achievement was not entirely satisfactory. To

address these issues, a centrally sponsored programme called Sarva Shiksha

Abhiyan is being implemented since 2001-02.

1.6.3 Supreme Court Judgement, 1993

The Supreme Court in the case of J.P Unnikrishan vs. the State of Andhra

Pradesh , declared that Article 45, as it then stood, read with Article-21 (right

to life and personal liberty), amounted to children having a fundamental right

to free and compulsory education. According to the Court, "the right to

education is implicit in and flows from right to life guaranteed under Article 21"

and “every child of this country has a right to free education until the age of

14. Thereafter, his rights are circumscribed by the economic capacity and

development of the state".

1.6.4 Constitution (Eighty-Sixth Amendment) Act, 2002

The Constitution (Eighty-Sixth Amendment) Act, 2002, which received

presidential assent on 13.12.2002, sought to make the following changes in

the constitution:

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i. Insertion of article 21-A in the fundamental rights:

"The State shall provide free and compulsory education to all children

of the age of 6-14 years in such manner as the state may, by law,

determine"

ii. replacement of article 45 in directive principles of state policy:

"The state shall endeavour to provide early childhood care and

education for all children until they complete the age of 6 years.

iii. insertion of clause (k) in article 51-A in fundamental duties:

“It shall be the duty of every citizen of India (k) who is a parent or a

guardian to provide opportunities for education to his child or as the

case may be, ward, between the age of 6 and 14 years".

Sub-section (2) of section 1 of the Constitution (Eighty – Sixth

Amendment) Act, 2002 stipulates that "it shall come into force from such date

as the Central Government may by notification in the Official Gazette, appoint.

This notification has not been issued pending enactment of consequential

legislation envisaged under Art 21-A. The enforcement for the constitution

eighty-sixth amendment, which covers children in the 6-14 years age group,

through notification in the Official Gazette is an immediate requirement.

1.6.5 Chronology

a) CABE Committee was constituted under the chairpersonship of Shri

Kapil Sibal, presently Minister of Science & Technology and Earth

Sciences, in October 2004 to draft the essential provisions of Right to

Education Bill.

b) CABE Committee report was submitted and discussed in CABE in July

2005.

c) Based on CABE discussions, a comprehensive draft Right to Education

Bill was circulated to States in August 2005, comments were received

from 16 states.

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d) Prime Minister appointed the High Level Group (HLG), comprising

Minister for Human Resource Development, Finance Minister, Deputy

Chairman, Planning Commission, and Chairman, PM's Advisory

Council on Economic Affairs, in November 2005 to consider the

constitutional, legal and financial implications of the Right to Education.

e) HLG had two meetings (January 2006 and November 2007). In its

meeting HLG favoured drafting of a model bill for state legislation.

f) Accordingly the model Right to Education Bill, 2006 was circulated to

states in June 2006. 23 states responded to the Model Bill.

g) Prime Minister took a meeting on 14th February 2008 in which a

decision was taken to proceed with the drafting of a Central Legislation

on Right to Education, and to introduce it in the budget session of the

Parliament.

h) HRM constituted a Working Group under the chairpersonship of

Secretary, D/SE&L to review the draft Central Legislation (August 2005

version). The Working Group took into account comments received

from state governments on the August 2005 version, and prepared a

revised version, which was circulated to concerned

Ministers/Departments for inter-ministerial consultation along with the

draft Cabinet Note.

i) The observations received from the concerned Ministers/ Departments

and the comments of D/SE&L thereon were made available to the

Legislative Department, which prepared the draft Right of Children to

Free and Compulsory Education Bill, 2008 for submission to the

Cabinet.

j) The Bill was subsequently placed before the Union Cabinet on 30th

October 2008 which approved the Bill for introduction in the Parliament.

The Right of Children to Free and Compulsory Education Bill, 2008,

representing the consequential legislation pursuant to the 86th Constitutional

Amendment Act, 2002, was introduced in the Rajya Sabha on 15.12.2008.

The notification for enforcement of the 86th Constitutional Amendment will be

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issued after the enactment of the Right of Children to Free and Compulsory

Education Bill, 2008.

1.7 Provisions in Right to Education Act

Provision of free and compulsory elementary education (class I to VII)

to every child.

Ensuring availability of a neighbourhood school.

Ensuring that the children belonging to weaker section are not

discriminated against and prevented from pursuing and completing

elementary education on any grounds;

Providing infrastructure including school building, teaching staff and

learning equipment;

Providing special training facility.

Ensuring and monitoring admission, attendance and completion of

elementary education by every child;

Ensuring good quality elementary education conforming to the

standards and norms specified in the Schedule

Ensuring timely prescribing of curriculum and courses of study for

elementary education; and

Charging of no capitation fee.

No screening procedure for admission.

No denial for admission.

No holding back in the same class.

No expulsion.

No physical punishment to the child.

No mental harassment of the child.

Appropriate condition of service teachers.

Constitute of Managing Committee for every school committee.

Suitable pupils-teachers ratio.

Filling of vacancy of teachers in time.

Prohibition of deployment of teachers for non-education purposes.

Prohibition of tuition by teachers.

Monitoring child’s right to education.

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Updating of curriculum from time to time and continuous and

comprehensive evaluation.

Constitution of National and State Advisory Councils.

1.8 Need of the Study

Education commission (1964-66) in the report 'Education and National

Development' found the vision of education to function as a major instrument

remains unfulfilled. Development has no doubt been achieved during last 60

years but it has been skewed rather than equity based. Socio-economic

disparities have been indeed class conflicts have increased women folkis are

still discriminated. The child labour continues during years. In spite of efforts

to promote scientific temper, superstition resurfaces periodically. Blind faith

still exists in different communities. So by deriving sustainability and courage

from our constitutional obligates education pledge itself afresh to work for a

seamless cohesion of our society. Cotemporary India's education statistics

make dismal-indeed shocking figure out of 200 million children who enroll

annually in the nation's nine lakh primary schools, 53 percent drop out before

the make it secondary education ( class VIII) of the remainder only 10 million

enters the institution of tertiary education, of whom some 3 millions graduate

annually. Hardly surprising considering that 20 percent of government primary

schools (over 90 percent of school going children enroll in the state and local

govt. run schools) are multi grade teaching institution. One fifth do not have a

proper building 58 cannot provide safe drinking water, 70 percent lack toilet

and sanitation facilities and the crowded classroom having World's highest

teacher-pupil 1: 63. The combined annual outlay of Central and State Govt.

for education is below 4 percent of GDP composed with the global average of

spending 5 percent GDP per annum and 6-7 percent in the developed nation.

According to economics Noble laureate the Dr. Amartya Sen, "the very

institutions that were created to overcome disparities and barriers to health

and education for the citizen children in particular" have tended to act as

reactionary influences in reinforcing inequality.

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In the millennium year to 2000 leaders of 189 nation's states including

India signed the United Nations Sponsored millennium Declaration which set

out the Millennium Development (MDGs) to ensure that all children around the

would are in primary school by year 2015. In adherence with the declaration

Sarva Shikshya Abhiyan (Education for All) programme appeared in 86th

Constitutional Amendment Act 2002 and passed with unanimous acclamation

by Parliament one chapter under fundamental right added a new Article 21-A

which mandates free and compulsory education of all children in the age

group 6 to 14 by law.

The provision of free & compulsory education for all children up to the

age of 14 years was the desired objective of our constitution. Despite much

attempts & initiatives in this direction cent percent achievement is still in this

an elusive goal. "Brake decelerates the acceleration" and undoubtedly it can

be said that various constraints are putting brakes upon the accelerating

wheel of education. From the results of surveys conducted by different

scholars it can be estimated that much ground had to be covered for the

attainment of this cherished desire. It has been fully realized spread of

education that all round progress of a nation cannot be achieved.

With the introduction of universal free & compulsory education for

children upto a certain prescribed standard, the desirability of its practical

implementation has became important part of the teaching learning process.

The minimum education for every individual is a safeguard for a democratic

country, the child must made a full-fledged individual and for that he should be

allowed for to make his base strong and stout by a thorough & practical

implementation of free & compulsory education.

Elementary education can became as agent of social change and

individual fulfillment. So, due emphases should be put on elementary

education along with its trend, development and issues. Elementary education

which proceeds the secondary and tertiary levels of education, becomes the

level of developing the basic skill. The end result of elementary education is

"effective permanent literacy" which leads to modify, productivity and

innovation.

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Living Stone (1949) has said "Elementary Education" is not complete in

itself. It is preparatory. It prepares the pupils to go on something else and put

his foot on the first step of leader of knowledge.

SASA, an NGO, initiated pupil centered programmes (PCP) formed

SASA-RTE Pleader Action Groups (SASA-PAGs) has already started its

activities for implementation of RTE act in Orissa with following aim and

objectives.

The aim of PCP is to ensure Individualized attention to every pupil

entered to the primary education fastening quality indicator while a bridging

gap of poverty in education.

The aim of SSA-RTE pleaders action group to enable and empower

common citizens to participate educational system in order to understand

ground realities and factor contributing to and affecting the quality of

education at the elementary land and to place at before a wider audience so

as to help the policy manner, planner, administrators to take proactive steps

for wanting actualizing the goals of UEC. And the objectives are as follows:

To know about the basic concept and provisions under UEE and

participation of whole process of UEE with a view to improving present

status.

To examine the ground realities the factor contributing and affecting the

quality of education at elementary level

To share the finding of the ground realities and experience with

different stake holders at appropriate level.

To make it a continuous process of analyzing, the state commitments,

provisions and achievements and identifying the critical gap in the

areas of implementation.

To promote citizen form to function as a pressure group at different

levels for improving school effectiveness in the state.

To pressure Govt., and strengthening people initiating so as to achieve

the designed goal of RTE Act 2009.

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From the period of view of magnitude of the problem and need for

psychological preparedness and pre-ponderance of sociological influences,

economic & Philosophical background and of scientific enlightment and

humanism the role of elementary education is extremely significant. The

pupils who enter at the age of five or six, "schedule" to leave of 12 or 14

acquire impressionable ages thought patterns & habits that will affect

throughout their lives.

1.9 Statement of the Problem

The problem is stated as Awareness of Stake Holders towards Right to

Education Act -2009.

1.10 Operational Definitions of Key Terms

a) "capitation fee" means any kind of donation or contribution or payment

other than the fee notified by the school;

b) "child" means a male or female child of the age of six to fourteen years;

c) "child belonging to disadvantaged group" means a child belonging to the

scheduled caste, the scheduled tribe, the socially and educationally

backward class or such other group having disadvantage owing to social,

cultural, economical, geographical, linguistic, gender or such other factor,

as may be specified by the appropriate Government, by notification;

d) "child belonging to weaker section" means a child belonging to such

parent or guardian whose annual income is lower than the minimum limit

specified by the appropriate Government, by notification;

e) "elementary education" means the education from first class to eighth

class;

f) "guardian", in relation to a child, means a person having the care and

custody of that child and includes a natural guardian or guardian appointed

or declared by a court or a statute;

g) "local authority" means a Municipal Corporation or Municipal Council or

Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called,

and includes such other authority or body having administrative control

over the school or empowered by or under any law for the time being in

force to function as a local authority in any city, town or village;

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h) "National Commission for Protection of Child Rights" means the National

Commission for Protection of Child Rights constituted under section 3 of

the Commissions for Protection of Child Rights Act, 2005;

i) "notification" means a notification published in the Official Gazette;

j) "parent" means either the natural or step or adoptive father or mother of a

child;

k) "prescribed" means prescribed by rules made under this Act;

l) "Schedule" means the Schedule annexed to this Act;

m) "School" means any recognized school imparting elementary education

n) and includes—

a school established, owned or controlled by the appropriate

Government or a local authority;

an aided school receiving aid or grants to meet whole or part of its

expenses from the appropriate Government or the local authority;

a school belonging to specified category; and

an unaided school not receiving any kind of aid or grants to meet its

expenses from the appropriate Government or the local authority;

o) "screening procedure" means the method of selection for admission of a

child, in preference over another, other than a random method; 4 of 2006.

p) "specified category", in relation to a school, means a school known as

Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other

school having a distinct character which may be specified, by notification,

by the appropriate Government.

1.11 Objectives of the Study

1. To study the awareness of heads of schools towards Right to

Education Act -2009.

2. To study the awareness of school teachers towards Right to Education

Act -2009.

3. To study the awareness of students towards Right to Education - 2009.

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4. To study the awareness of parents towards Right to Education Act -

2009.

5. To find out the opinions of teacher educators towards Right to

Education Act-2009.

6. To seek suggestions of teachers towards implementation of Right to

Education act-2009.

1.12 Research Questions

1. Are the heads of schools aware of Right to Education Act-2009?

2. Are school teachers aware of Right to Education Act-2009?

3. Whether students are aware of Right to Education Act-2009?

4. Whether parents or community members are aware of Right to

Education Act-2009?

5. What are the opinions of teacher educators on Right to Education Act-

2009?

6. What are the suggestions of teacher educators towards Right to

Education Act-2009?

1.13 Delimitations of the Study

Since the present study is a time bounded work and needs to be

completed within a stipulated time frame, the investigator will take only five

elementary schools in Bhubaneswar city, Khurda district, Odisha; Nalini Devi

Women’s College of Teacher Education, Bhubaneswar, and SCERT,

Bhubaneswar.

* * * * * *

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