Euthanasia: Right to Die with Dignity
30 Oct 2024
INTRODUCTION
The Right to Education Act (RTE), a fundamental human right recognized globally, was enacted by the Indian Parliament on August 4, 2009. The primary goal of the RTE Act is to ensure that all children have access to free and compulsory education. Officially known as the Right of Free and Compulsory Education Act 2009, it guarantees education for children between the ages of 6 and 18.
This blog therefore delves into the transformative evolution of education policy reforms shaped by the RTE Act.
HISTORICAL AND CONSTITUTIONAL CONTEXTS ON EDUCATION POLICY REFORMS
Education in India has deep roots that trace back to ancient times, as seen in the eras of the Ramayana and Mahabharata and through renowned institutions like Nalanda and Takshashila. However, the modern education system in India began to take shape during the British colonial period, which laid the foundation for the country’s educational framework. With the adoption of the Indian Constitution in 1950, education was included in the Directive Principles of State Policy under Article 45, aiming to provide free and compulsory education for children up to 14 years of age. In 2002, the 86th Constitutional Amendment elevated the right to education to a fundamental right under Article 21A, mandating that all states in India provide free and compulsory education to children aged 6 to 14 years.
IMPLEMENTATION OF EDUCATION REFORMS POLICY
In the landmark case of Unni Krishnan vs. State of Andhra Pradesh (1993), private institutions filed a petition challenging the constitutionality of state laws regulating capitation fees, arguing against the state’s fundamental duty to provide education to all individuals, regardless of their financial or social status. The Supreme Court of India ruled that the right to education is a fundamental part of the right to life under Article 21 of the Indian Constitution. This decision built upon a series of cases from the 1980s and 1990s, where the Supreme Court expanded the interpretation of Article 21 to not only protect against the deprivation of life but also to ensure a broader right to “live with dignity.” This interpretation brought various Directive Principles of State Policy within the scope of Article 21, making them justiciable, despite Article 37 of the Constitution stating that they “shall not be enforceable by any court.” In 2002, the 86th Amendment was passed by the Indian Parliament, which added a fundamental rights provision under Article 21A, requiring all states to provide free and compulsory education for all children aged 6 to 14 years.
In the case of Avinash Mehrotra v. Union of India & Others (2009), the petitioner raised legal issues concerning educational rights, including academic evaluations, administrative actions, and whether there is a fundamental right to receive education free from fear, ensuring security and safety. The Supreme Court ruled that the right to receive free education in a secure and fear-free environment is a fundamental right under Article 21 of the Indian Constitution. The Court directed the Indian government and Union Territories to ensure that schools meet basic safety standards and that school buildings are safe and secure as prescribed by the National Building Code. Additionally, the concerned authorities were required to file affidavits of compliance.
PROVISION OF RIGHT TO EDUCATION UNDER EDUCATION POLICY REFORM
- This act mandates free and compulsory education for children until they complete their elementary education, typically by the age of 14.
- The act ensures that children who have not been admitted to school can be enrolled at the appropriate age.
- It outlines the responsibilities of local authorities, local governments, and parents in guaranteeing children’s education and providing financial aid as needed.
- The act sets standards for teachers, infrastructure, and school facilities, including norms for the Pupil Teacher Ratio (PTR) and working days.
- It requires that teachers be well-qualified and trained.
- The act prohibits mental and physical harassment, bans screening procedures for school admissions, prevents teachers from offering private tuition, and ensures that schools operate only if they are officially recognized.
SIGNIFICANCE OF RIGHT TO EDUCATION
- This act lays down specifics to maintain the standards of ratio between the teachers and students for providing quality of education.
- This act provides separate toilet facilities for girls and boys with adequate standard for drinking-water facilities etc.
- This act during procedures of admission for children there is ensure zero discrimination on the basis of caste, sex, religions, gender etc.
- This act provides mandates seat reserve 25% for all children from socially disadvantages and economically backwards sections.
- This act has increased enrollment of upper primary level between 2009 and 2016 by 19% for class 6 to 9.
LOOPHOLES
In India, the education system is among the largest in the world, with millions of students enrolling in schools, colleges, and universities each year. Although significant progress has been made in improving access to quality education, several loopholes continue to hinder its effectiveness and limit student development. This blog will explore some of these critical issues within the Indian education system.
- The Indian education system often lacks a focus on practical, skill-based education, which limits students’ ability to bridge the gap between academic knowledge and industry demands.
- One major flaw in the Indian education system is the inadequate student-to-teacher ratio and the reliance on traditional teaching methods, which can hinder effective learning.
- The Right to Education Act does not cover children under six years old, leaving this age group outside the scope of free and compulsory education reforms.
- An amendment to the act in 2019 introduced regular annual exams for classes 5 to 8, replacing the no-detention policy. Students who fail these exams are given another chance, but if they still do not pass, they may be retained in their current class.
- Six states opposed this amendment due to its impact on their successful implementation of the Continuous and Comprehensive Evaluation (CCE) system, which has proven effective in improving learning outcomes. Many states struggle with the transition to the CCE system and lack adequate teacher training programs.
- Another criticism of the act is that it raises standards and expectations for public education while passing on the responsibility to private schools.
CONCLUSION
The Right to Education Act (RTE) of 2009 represents a significant milestone in India’s effort to provide free and compulsory education to children aged 6 to 14. While the act has positively impacted enrollment rates and established important schooling standards, its implementation has faced several challenges and shortcomings that undermine its effectiveness.
Limitations such as a lack of emphasis on practical and skill-based education, insufficient teacher-student ratios, and the exclusion of children under six years old have constrained the act’s potential to transform the Indian education system. Additionally, the shift from the ‘No Detention Policy’ and inconsistent implementation of Continuous and Comprehensive Evaluation (CCE) have further complicated its effectiveness.
To fully realize the potential of this landmark legislation, it is crucial to address these issues. Strengthening teacher training, aligning the curriculum with industry demands, and extending the act’s coverage to include younger children are essential steps. By doing so, the Right to Education Act can better equip the next generation with the knowledge and skills needed for success.
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