RIGHT TO EDUCATION A STUDY
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Transcript of 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.
15
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;
16
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.
17
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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