CHAPTER-IV

RIGHT OF CHILDREN EDUCATION – NATIONAL PERSPECTIVE

4.1. Right to Education and the Constitution of India

Initially, the Constituent Assembly did not make education a fundamental right, it

provided for free and compulsory education as Directive Principles of State Policy which are

although not enforceable by the court of law but are made fundamental in the governance of

country and it has been made a duty of the State to apply these principles in making laws. In

the original Constitution, education was confined to Part IV of the Constitution; Article 41 of

the Indian Constitution provides that the State shall within the limits of its economic capacity

and development, make effective provisions for securing the right to work, and the right to

education.1 Further to protect the educational interests of religious and linguistic minorities

special provisions have been made by inserting Fundamental Rights in Part-III under Article

30, entitling them to establish and administer educational institutions of their choice. Further

Article 26 provides that every religious denomination or any section thereof have been

authorized to establish and maintain institutions for religious and charitable purpose. On the

other front Part IV of the Constitution, after incorporating provisions like Article 41, 45 & 46,

made from non-justifiable rights. Furthermore the failure of the policy makers in

implementing the provisions of Article 45 even after five decades after the constitutional

mandate of 10 years, The issue Here the words of the C Rajagopalachari seems to be right

which he wrote in his prison diary in 1922 that Election and their corruption, injustice and the

power and tyranny of wealth, and inefficiency of the administration, will make a hell of life

as soon as freedom is given to us. Men will look regretfully back to the old regime of

comparative justice, and efficient, peaceful, more or less honest administration. He added;

1
Constitutional Assembly Debates, (Vol. II) (1948-49)

1
“hopes lies only in universal education by which right conduct, fear of God and Love will be

developed among the citizens from childhood.2

In Indian constitution Article 41 cast a duty on the state to inter alia secure Education

within the limits of its economic capacity. Article 45 casts an obligation on the State in

imperative terms: 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 in the

country until they complete the age of fourteen years within the period of commencement of

the constitution in the period of ten years. It was the only Article that had a deadline attached

to it at the time of its inception. Universalisation of Primary Education was accepted as a

target to be achieved within a period of 10 years of the coming into force of the Constitution

i.e. 1960. Since then it has been revised several times without achieving the target. This

deadline was extended 10 years at a time, up to 2000. However, this goal has proved elusive

so far. The ten-year deadline for the provision of free, universal elementary education was not

met, and remains unmet to this day. This very inability to achieve the goal has been a cause

for serious concern within the country and in international forum.

M.Ananthasayanam Ayyangar was in favour of making education a non-justifiable

right. Speaking on draft Article 363 he stated: ‘In Article 36, it is said that the State should

within a period of ten years introduce free compulsory education. Similarly, Shibban Lal

Saksena described it as a ‘tall order’ means ‘a proposal to make the right to education a

fundamental right after a period of ten years.’

On the other hand, K.T.Shah contended that, ‘pre compulsory education was essential

to our very being as a nation’. He referred to the time, when ‘Gopala Krishna Gokhale had

brought forward a bill for compulsory primary education and the pre-independence

government officials rejected it, inter alia on grounds that an expenditure of Rs.3 crores spend
2
N.A. Palkhivala (1999), “Selected Writings” P.P. Rao, “Fundamental Right to Education”50 Journal of
Indian Law Institute, (2008) p.591
3
Corresponding to Article 45, as it stood before the 86th Constitutional Amendment 2002

2
over ten years was to heavy a burden for the exchequer to bear. Within four years however,

the Indian Government had spent Rupees 30 crores on the Second World War, about which

the people of India were neither concerned nor consulted.’4 In the draft constitution the

original language of Article 45 (Draft Article 36) was: “Every Citizen is entitled to free

primary education”.

At the time of debate Pandit Lakshmi Kant Maitra (West Bengal: General) suggested

that in Article 36 the words “Every citizen is entitled to free primary education and ‘be

deleted’. If this amendment is accepted by the House, the article will be, read as “The State

shall endeavour 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

fourteen years.5

Mr.Nazriruddin Ahmad (West Bengal: Muslim) suggested: “That in article 36, for the

word ‘education’, the words ‘primary education to be substituted”.

Dr.Ambedkar the Chief Architect of the Constitution of India accepted the

amendment proposed by Mr.Maitra, who suggested the deletion of the words ‘every citizen is

entitled to free primary education’, But he did not accept the amendment of, Mr.Naziruddin

Ahmad as he seems to think that the objective of the rest of the clause in article 36 is

restricted to free primary education. But that is not so. The clause as it stands after the

amendment is that every child shall be kept in an educational institution under training until

the child is of 14 years. Dr.Ambedkar expressed his view if Mr.Naziruddin Ahmad had

referred to Article 186, which form part of the Fundamental Rights, he would have noticed

4
Ibid. p.480
5
Article 45 of the Directive Principles is the only Article among all the articles in part IV of the Constitution,
which gave a very different promise than the other provisions within the Constitution as it imposed a time-
limit of ten years to implement the right to free and compulsory education. Within which this right should be
made justiciable.
6
Here, Article 18 means, as it stood in the Draft Constitution and corresponding to Article 23 in the original
Constitution.

3
that a provision is made in Article 18 7 to forbid any child being employed below the age of

14, obviously, if the child is not to be employed below the age of 14, the child must be kept

occupied in some educational institution. That is the object of Article 36, (original Article 45)

and that is why according to Dr. Ambedkar the word ‘primary’ is quite inappropriate in that

particular clause, and therefore oppose the amendment.8

Hence, India’s commitment to the spread of knowledge and freedom of thought

among its citizens is reflected in its Constitution. When the Constitution of India was adopted

in 1950, the framers of the Constitution were aware of the importance of education as an

imperative tool, for the realization of a person’s capability and for full protection of rights.

But as the States’ economic condition was not sound, it was placed in the Directive

Principles. The directive principles which are fundamental in the governance of the country

can not be isolated from the fundamental rights guaranteed under Part III. These principles

have to be read into the fundamental rights. Indeed the Preamble of India’s Constitution

resolves that these objectives can be achieved only if the country’s children are not in work

and are attending schools and as far as dignity of the individual is concerned, without

education, dignity of the individual cannot be assured. Hence, some child specific provisions

are contained in both ‘Directive Principles’ and ‘Fundamental Rights’. 9 The engagement of

children under the age of 14 years is prohibited under Article 24. To accomplish the aforesaid

task, various Constitutional mandate and call on the subject, are contained in the Articles

7
Ibid.
8
Constituent Assembly Debates (CAD) (Vol. II) p.538
9
‘Our Constitution-makers, wise and sagacious as they were, had known that India or their vision would not be
a reality if the children of the country are not nurtured and educated. For this, their exploitation by different
profit-makers for their personal gain had to be first indicted. It is this need, which has fund manifestation in
Article 24, which is one of the two provisions in Part IV of our Constitution on the fundamental right against
exploitation. The framers were aware that this prohibition alone would not permit the child to contribute its
mite to the nation building work unless it receives at least basic education. Article 45 was therefore inserted in
our paramount parchment casting a duty on the State to endeavour to provide free and compulsory education
to children. (It is known that this provision in Part IV of our Constitution is, after the decision by a
Constitution Bench of this Court in Unni Krishnan, J.P. Vs. State of Andhra Pradesh. AIR 1993 SC 2178. Has
acquired the status of a fundamental right.) Our Constitution contains some other provision also, desiring that
a child must be given an opportunity and facility to develop in a healthy manner.’ M.C.Mehta Vs. State of
Tamil Nadu. (1996) 6 SCC 756 p.760

4
24,10 39(e),11 39(f),12 41, 45, 4713. Article 45 (as in original Constitution) is thus

supplementary to Article 24. If the child is not to be employed before the age of 14 years, he

must be kept occupied in some educational institution.14

Education related rights in the context of minorities and weaker sections of society

have been a part of the Constitution, right from its inception. Our Constitution fathers were

sensitive of the educational interests of the weaker sections of the people, and in particular of

the Schedule Castes and Schedule Tribes and women various provisions concerning their

educational enhancement are being provided in the Constitution. Article 41 requires the State,

to make effective provisions for securing the right to work, to education etc., within the limits

of its economic capacity and development. Article 46 as a Directive Principle of State Policy

requires the ‘State’ to promote with special care the educational interests of the weaker

sections of the people, who include, in particular, the Scheduled Castes and Scheduled

Tribes. Articles 330 and 332 (related to reservation of seats for SCs/STs in the House of the

people and The Legislative Assemblies of the States) Article 335 claims of SCs/STs to

services and posts), Article 338 to 342 (National Commissions for SCs/STs) and the entire

Fifth and Sixth Schedules of the Constitution deal with special provisions for implementation

of the objectives set forth in Article 46. These provisions need to be fully utilized for the

benefit of these weaker sections in our society.

10
No Child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any
other hazardous employment.
11
That the health and strength of workers, men and women, and the tender age of children are not abused and
that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
12
Those children are given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against exploitation and against moral and
material abandonment.
13
The State shall regard the raising of the level of nutrition and the standard of living of its people and the
improvement of the public health as among its primary duties and, in particular, the State shall endeavour to
bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.”
14
Saxena, Priti, “Minimum Needs and Development Right to Education”, Kanpur Law Journal. Vol. VIII
(1992-93) p.45

5
 As far as ‘Social equality’ is concerned Article 14 of the Constitution guarantees that

all citizens shall be equally protected by the laws of the country. It means that the State

cannot discriminate against a citizen on the basis of caste, creed, colour, sex, religion, or

place of birth. Article 15 of the Constitution, states that no person shall be discriminated on

the basis of caste, colour, language etc. Article 15 of the Constitution, as it was originally

framed in 1950 did not include the term “admission to educational institutions.” Article 15,

was first amended by the Constitution (First Amendment) Act, 1951 enacted on June 18,

1951, as a result of the decision of the Supreme Court in Champakam Dorairajan Vs. State of

Madras15 In that case the Court struck down community-based reservations in the then

Madras State in educational Institutions as it violated Article 29(2), a fundamental right

which guarantees that no citizen shall be denied admission into any educational institution

maintained by the State or receiving aid out of the State funds on grounds only of religion,

race, caste, language or any of them. Article 15(4), therefore, was carved out as an exception

to both Article 15(1) and 29(2). To Article 15 of the Constitution, the clause (4) was added:

“Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any

special providing for the advancement of any socially and educationally backward classes of

citizens or for the Scheduled Castes and the Schedule Tribes”. This amendment mentions

“educational advancement” it does not use the term “admission to educational institutions.”

Article 15(3) is suitably amplified by Article 46. The state may make special

provision for the advancements of any socially or educationally backward class or scheduled

tribes in the matter of admission in the educational institutions maintained by the State or

receiving aid from the State or for women under article 15(4)16 15(3).17 Article 15(4)

15
AIR 1951 SC 226
16
Nothing in this Article or in Clause (2) of Article shall prevent the state from making any special provision for
the advancement of any socially and educationally backward classes or citizens or for the scheduled castes
and scheduled tribes.
17
Nothing in this Article shall prevent the State from making any special provision for women and children.

6
provides an exception to Article 29(2).18 Thus, it confers a fundamental right to socially and

educationally backward classes to seek better educational opportunities from the state. The

object of clause (3) and (4) of Article 15 is to improve the educational opportunities of the

neglected segments of society.

Realizing the Government’s lethargic attitude and delaying tactics in implementing

the Constitutional commitment of education that was basically in the provisions of Directive

Principles of State Policy, the Court shows an activist approach, by effective re-

characterization of the right to education as a fundamental right. It was in fact Supreme Court

public interest cases that set in train the movement to create an enforceable Constitutional

Right to Education in India.19

The Court’s initiative had a huge impact in terms of mobilizing civil society,

legitimating demands for a right to education, and unleashing extensive pressures on the

government to formally amend the Constitution so as to bring it into line with the Court’s

approach. The Central government responded the Apex Court’s agenda of re-characterization

of the right to education as a fundamental right, by establishing two committees to investigate

both the desirability and financial implications of amending the Constitution to establish

primary education as a fundamental right. The Saikia committee concluded in 1997 that the

Constitution should be amended to create as ‘fundamental right’ the right to free and

compulsory education from six to fourteen years of age, and to impose a ‘fundamental duty’

on parents to provide opportunities for education to their children in this age group. A second

expert committee, the Majumdar Committee concluded in 1999 that the universalisation of

18
No citizen shall be denied admission into any educational institution maintained by the State or receiving aid
out of State funds on grounds only of religion, race, caste, language or any of them. (Article 29 is not confined
to minorities but extends to all sections of citizens).
19
In 1992 and 1993, the Supreme Court of India decided two PIL cases Mohini Jain Vs. State of Karnataka,
AIR 1992 SC 1858; Unni Krishnan J.P. Vs. State of Andhra Pradesh, AIR 1993 SC 2178. Here, the Court
took the opportunity to develop a precedent that governed the public provision of elementary education. Prior
to 86th Constitutional Amendment Act, 2002, the Apex Court treated the Right to Education as a part of the
Right to Education as a part of the Right to life and liberty guaranteed under the Article 21 of the Constitution.

7
elementary education for children aged six to fourteen years would require an additional

expenditure of Rs.136,922 Crores over the ten years from 1998-99 to 2007-08 per year. The

Government of India constituted the Tapas Mujamdar Committee in 1999 to estimate the

funds required to ensure that elementary education of eight years is provided to all children.

The committee estimated that an additional investment Rs.1,37,600 crores would have to be

made over a 10-year period to bring all out-of school children into the school system (not

parallel streams) and enable them to complete elementary stage. This works out to an average

investment of Rs.14,000 crores a year, which in 1999 amounted to a mere 0.78 percent of the

gross domestic product (GDP); in other words 0.78 percent of the gross domestic product

(GDP); in other words, 78 paise out of every Rs.100 India then earned. In 2002-03, the same

amount works out to a lesser proportion, that is, 0.63 percent of the GDP. However, the

Financial Memorandum to the Constitution (93rd Amendment Bill), 2001 states that a sum of

Rs.98,000 crores will be required over a 10-year period to implement the fundamental right to

education for children in the age group of six to 14 years. It works out Rs.98000 crores a year

on an average (0.44 percent of the GDP in 2002-03). About 30 percent less than that

estimated by the Tapas Mujamdar Committee, The financial implications of the

Constitutional Amend draft Bill, 2001 prepared by Mr.Bommai, Union Education Minister

were calculated by the Saikia Committee and estimated as Rs.40,000 cores for a five years

period, subsequently, the Tapas Mujamdar committee set up by the MHRD estimated the

figure to be about Rs.63,000 crores for the same period of the 83rd Amendment.20

The Saikia committee report resulted in a bill to amend the Constitution. In 2002, the

86th Amendment to the Constitution of India was passed making education a fundamental

right under Article 21-A of the Constitution which state free and compulsory education for all

children in the age group of 6-14 years. Article 45 of the Constitution was substituted by

20
http://www.educationforallinindia.com/anilsadgopalnew.htm last visited on 01/08/2014

8
providing early childhood care and education for all children until they complete the age of

six years21 and in Article 51-A of the Constitution, a new sub-clause (k) was added, which

provides for a fundamental duty of every citizen who is a parent or guardian to provide

opportunities for education to all children between the age of six and fourteen years.22

Education in the age group 0-6 is an enormously complicated one, especially in case of

disadvantaged groups, who are living below poverty line and are socially, educationally,

economically deprived.

On the other hand, this initiative has brought a ray of hope to millions of children in

the age of 6 to 14 years, who are either school drop outs or are not enrolled at all. The

majority of such children are from Schedule Castes, Schedule Tribes and other Backward

Class communities and the fundamental right to free and compulsory education will have

paramount importance to them. The controversy in this regard has arisen because Article 45

does not make any mention of age restriction whereas Article 21-A, seeks to restrict the age

to 6-14 years. The proposal also includes deletion of Article 45. The Directive Principles, of

which Article 45 is a part, were incorporated in the Constitution with an objective of seeking

to achieve the ideal of a democratic welfare state set out in the preamble.

It is of interest to note here that when the Amendment Act was in the Bill form, the

Report of the National Commission to Review the Working of the Constitution was published

and in the Report, the Commission after stressing that the constitutional commitment for free

and compulsory education for all the children until the age of fourteen should under no

circumstances be diluted and suggested that the responsibility for the universalisation of

elementary education should be entrusted to panchayats and local self government

21
Article 45. (As inserted By Constitution (86 th Amendment) Act, 2002) Provisions for early childhood care and
education to children below the age of six years. The State shall endeavour to provide early childhood care
and education for all children until they complete the age of six years”.
22
Article 51-A (k) (added by the Constitution (Eighty Sixth Amendment Act, 2002), who is a parent or guardian
to provide opportunities for education to his child or, as the case may be, ward between the age of six to
fourteen years.

9
institutions and recommended for an enlargement of fundamental right to education by an

amendment to read as under:

“30-C Every Child shall have the right to free education until he completes the age of

fourteen years; and in the case of girls and members of Schedule Casts and Schedule Tribes,

until they complete the age of eighteen years.

4.1.1. Education Responsibility of State and Center

‘Education’ was a State subject in Entry 11 placed in List II (State List). By the

Constitution (42nd Amendment) Act, 1976, the above said Entry was deleted and a new Entry

25 was inserted in List III Concurrent List. Entry 25 incorporates education, including

technical education, medical education and universities, subject to the provisions of Entries

63,64,65 and 66 of List I; vocational and technical training of Labour. Swaran Singh

Committee (1976) also suggested to put education in the Concurrent list and highlighted that

“Agriculture and education is subject of prime importance to country’s rapid progress

towards achieved desired socio-economic changes”23

4.1.2. Decentralization of Education

The new third level of Constitutional authority in the shape of the panchayati raj

bodies, is virtually created by the Constitution (73 rd Amendment) and Constitution (74th

Amendment) Acts of 1992. These now enable under Article 243 of the Constitution to

provide for bodies like the district planning committees and the metropolitan planning

committees to deal with, besides certain other subjects, the planning and administration of

education. Education now thus becomes a Concurrent subject at three levels of

democratically elected government the centre, the state and the districts24.

23
Swaran Singh Committee Report, (1976) SCC (Jour) p.45
24
http://el.doccentre.info/eldoc/n00/17oct94tel1.pdf visited on 04/01/2014

10
 Thus the 73rd and 74th constitutional amendments provide for Decentralizing

education at the district level is just one step. These ideas are supposed to be carried out in

reality of the activities and facilitate transfer of power and participation of the local self-

government institutions or the Panchayat Raj Institutions (PRIs). With the enactment of 73 rd

and 74th Amendment Act (Panchayat Raj Act) 1992, the focus is now on democratically

elected bodies at the district, sub-district, Panchayat and municipal levels. These Panchayat

Raj bodies, which are to have adequate representation of women, Scheduled Castes and

Scheduled Tribes, minorities, representatives of parents, educationists, and appropriate

institutions, will have the responsibility of preparing development plans and implementing

educational programs besides dealing with those subjects closely related to education such as

health, social welfare and women and child development. The Panchayat Raj Act, 1992

envisages the formation of Panchayats for a village or a group of villages. These Panchayats

will have elected representatives. Each panchayat would constitute a Village Education

Committee (VEC) which would be responsible for the administration of education

programmes at the village level. The major responsibility of the VECs would lie in

operationalisation of micro-level planning and school mapping in the village through

systematic house to house surveys and periodic discussions with parents. Ensuring

participation in primary education of every child in every family would be one of the prime

aims of the Village Education Committees (VECs). It has created a friendly ambience for the

Panchayat Raj Institutions to play a more dynamic and proactive role. States are expected to

evolve institutional arrangements both in rural and urban areas for undertaking these

activities.

These structures have been providing voice to Women, Schedule Castes and Tribes,

minorities, parents and educational functionaries. They have also, been delegated with

responsibilities with regard to location and relocation of existing primary and upper primary

11
schools on the basis of micro planning and school mapping. In this regard, decentralization of

school management to grassroots level bodies is serving as an important policy. Thus, the

Constitution of India is the ultimate document which guides State policy in all sectors,

including Education. At this juncture our Constitution is having surplus of provisions for

safeguarding the educational interest of the disadvantaged groups. Time to time an

assortment of amendments made in the Constitution have given the strength for accessing

education to all.

4.1.3. Statutory Provisions

At the inception of the Constitution of India in 1950, the literacy rate in India was

merely 16 percent. The States had the primary responsibility of improving literacy rate and

elementary education, where as the Centre dealt mainly with higher education. With time, it

was evident that due to the diversity in socio economic conditions and limitation of resources,

State couldn’t take up the whole burden of education of all citizens.

In 1976, education became a concurrent subject i.e. a joint responsibility of state and

center. Another major policy change came in 1986 through National policy on Education

(NPE), which defined and recommended Universal Elementary Education (UEE) embodying

the concepts of universal access, universal retention and universal attainment. In order to

address the widening class distinctions, and social segregation, NPE also recommended

Common School System,25 where ‘children from different social classes and groups come

together under common public school and thus promote the emergence of an egalitarian and

integrated society’. Most of these policies were neither enforceable not justiciable and

remained far from achieving their targets as constitutional obligation under Article 45 was

time bounded and again deferred first to 1970 and then to 1980, 1990 and 2000. The 10th

25
Publicly funded schools open to all children irrespective of caste, creed, community, religion, economic
condition or social status. It meets the expectations of average parents so that they would not ordinarily feel
the need to send their children to fee – charging schools outside the system, Yasmeen, S. Swelling Support for
common schools, July 2004 http://indiatogether.org/kothari-education visited on 04/08/2014

12
Five-year Plan visualizes that India will achieve the Universal Elementary education by 2007.

However, the Union Human Resource Development Minister announced in 2001 that India

will achieve this target only by 2010. The Supreme Court in the case Unni Krishnan Vs. State

of Andhra Pradesh26 ruled that the right to education is a fundamental right that flows from

the right to life in Article 21 of Constitution and asked government to implement the same.

This judiciary verdict was not followed for many years. In 2002, Government of India

amended the Constitution by the 86 th Constitution (Amendment) Act, 2002, added Article 21-

A, stating “The State shall provide free and compulsory education to all children of the age of

six to fourteen years in such manner as the state may, by law, determine.”

4.1.4. The National Commission to Review the Working of the Constitution

The National Commission to Review the Working 27 of the Constitution, referring to

the Constitution 93rd (Amendment) Bill which subsequently became the Constitution (86 th

Amendment) Act, 2002, observed that right to free and compulsory education should under

no circumstances be diluted and the State should fulfill this solemn obligation to the nation.

The responsibility for the universalization of elementary education should be entrusted to

Panchayat and local self-government institution. Further the Commission was of view of

enlarging the scope of the Bill not only to the target group of six to fourteen years but to

every child until he/she competes the age of fourteen years; and in case of girl child and

members of Schedule Castes and the Schedule Tribes, until they complete the age of eighteen

years. The Commission also suggested that: “it should also be laid down in Article 45 that the

State shall make provisions for education beyond the age of fourteen years within the limits

of its economic capacity and stage of development.” The Commission also recommended”

that an independent National Education Commission should be set up every five years to

report to Parliament on the progress of the Constitutional directive regarding compulsory

26
(1993) 1 SCC 645
27
Report of the National Commission to Review the Working of the Constitution (2008), p.214, para 23

13
education and on other aspects relevant to the knowledge society of the new century.”28 But

the Parliament while amending the Constitution in the year 2002 did not pay heed to all

recommendations.

After the 86th Constitutional Amendment, the Free and Compulsory Education Bill,

2002 was the first attempt in the direction of the government’s active role in ensuring

implementation of the Constitutional Amendment, to draft a comprehensive legislation on

education, to improve education system and infrastructure, for right, for the future of children

and for the future of country. Central Advisory Board for Education (CABE) came up with a

draft bill containing legislative provisions of free and compulsory elementary and secondary

education; providing a school in every neighborhood and a school Monitoring Committee

having elected representatives of the community to ensure proper functioning; mandating that

no child in the age group between 6 to 14 foundation for the development of a common

school system to provide quality education to all the children, thus preventing exclusion of

socially and economically disadvantaged population, but central government decided to drop

the bill and not to pass it in the parliament. Instead a diluted draft bill was sent to the

individual states for their consideration. “Reason stated by central government was lacking

funds”. However, education budget per year was less than Rs.50,000 crore i.e. mere 2% of

GDP that was lower than most low income countries. World Bank, Report on Primary

Education in India summary states that India’s primary education glass is two-thirds full, one-

third empty. Having steadily raised primary enrolment rates over the past four decades, India

now has 67 million children aged 6-10 who are attending primary school, but 28 million to 32

million primary school age children who or not. 29

The Right to Education (RTE) Bill, 2005 was the second attempt by the Central

Government to set the education system as values of equality, social justice and democracy
28
Ibid.
29
S.P.Agrawal, J.C.Aggarwal, Development of Education in India, 1st Edn, (Concept Publishing Company,
1999) p.292

14
and the creation of a just and humane society can be achieved only through provision of

inclusive elementary education to all”. The RTE bill was passed in Parliament during October

2005 session.

4.2. Right to Education (RTE) Bill, 2005

The Bill has the following features to achieve its clear and primary objective that

every child between the age of 6 and 14 years has the right to elementary education that is (a)

free, (b) compulsory, (c) of equitable quality, (d) confirming and (d) available in the

neighborhood.30 This education will be available between Grades I to VIII. State shall ensure

availability of a school in every child’s neighborhood within three years of the

implementation of the Bill. In case of non-availability, free transport or free residential

facilities shall be provided. Every School shall conform to certain minimum standards

defined in the Bill.

 Government schools shall provide free education to all admitted children. The Bill

provides for 25% reservation of seats in private schools for children from weaker

sections in neighborhood.31 The government would reimburse the money at

government rate towards these seats to the extent of per child expenditure in

government schools or the school fee, whichever is lower.

 State schools and fully aided schools shall provide free education to all admitted

children. Partly aided schools shall provide free education to at least such

proportion of admitted children to the extent that government funds its annual

expenses, subject to a minimum of 25%. Unaided schools and special category

schools shall provide free education to at least 25% of students. Non-enrolled

30
Definition (a) “Neighborhood” means such area around the residence of a child as may be prescribed. (b)
“Neighborhood School”, in relation to a child, means any school located within the neighborhood of the
residence of the child.
31
“Weaker Section”, in relation to a Child, means a child in need of care and protection, or a child, the annual
income of whose parents or guardians is less than such minimum limit as may be notified by the appropriate
government in this behalf from time to time.
15
 children of age group 7-9 years have the right to be admitted in an age-appropriate

grade within one year of the commencement of the Act, and of age group 9-14

years have the right to be provided special programmes that will enable them to

attend such grade within three years.

 All State and aided schools are required to form School Management Committees

(SMCs) with at least 75% of the members being parents/guardians, and the other

members representing teachers, the community and the local authority. SMCs will

manage the school, including the sanction of leave and disbursal of salary to

teachers. The SMC / Local Authority shall also have the power to assess teachers’

performance and impose minor punishment.

 “The focus will be more on quality, facilities and learning material”. Each school

needs to maintain a pupil teacher ratio of 40:01. The urban-rural divide with

respect to facilities and teaching staff will be mitigated. It also specifies among

other things school working days and teacher working hours. It prohibits physical

punishment to children and private tuition by teachers.

 No person shall prevent a child from participating in elementary education. No

person shall employ or engage a child in a manner that renders her a working child.

 The central government shall provide financial assistance to state governments in

accordance with such formula regarding sharing of costs as determined in

consultation with state governments. The state government shall provide financial

assistance to local authorities. Though the draft bill does not specify implications, a

paper by the CABE Committee indicates a tentative estimation of total additional

costs between Rs.3,21,000 crores and Rs.4,36,000 crores over six years.32

32
http://www/pratham.org/documents/RighttoEducationBill2005.pdf visited on 06/08/2013

16
4.2.1. Key Issues and Analysis

Consideration of Age limits: Children below six and above 14 years of age continue

to remain outside the new Bill’s ambit and the state’s responsibility towards education

remains curiously uncertain. Thus it is far beyond the UN standards of 0-18 years. United

Nations Convention on the Right of the Child, describes a child as ‘every human being below

18 years’. India is also signed this convention. Especially 0-6 year age group is very

important from the pre-school point of view particularly for the disadvantaged groups of the

society, ignoring it may lead to the promotion of child labour. With 14 years of age, a child

would not have completed even 8 th grade of education and will not be skilled from the

perspective of financial gains, the education till the 12 th grade is highly desirable. To create

more active citizens playing a dominant role in economy and democracy, it is must that

education until the grade of 12th emphasizing on vocational training especially for the

children from rural areas should be provided.

But, on the other side it states that private unaided schools would have to obligatorily

set aside 25% of the seats at the entry level (class one) for disadvantaged children in the

neighborhood until grade VIII.33 The provision of free and compulsory education of

satisfactory quality to children from disadvantaged and weaker sections is, therefore, not

merely the responsibility of schools run or supported by the appropriate governments, but

also of schools which are not dependent on government funds. It may be believed, that this

will help the cause of social inclusion. It will increase social segregation and perpetuate and

widen the class distinctions. This step is in keeping with the Kothari Commission’s

recommendation to introduce a common school system, but in a dilute manner. Emphasis

should be given on enhancing the quality of education in government schools. Good quality

primary education should be available to all children from low income strata. Stipends should

33
Right to Education Bill, 2005 defines the Responsibility of schools to provide Free and Compulsory Education
under Chapter IV

17
be provided to all children living below poverty line and not only to a class as at present it is

confined to SC, ST and women.

In its current form, it does not have provision for an effective implementation of

Common School System (CSS), which has been stressed by many educationalists for decades

and also introduced in the Kothari Commission Education Report (1966), to mitigate the

disparities of rich and poor. Common School System for all children is made an integral part

of the Right to Education Bill. Quality education is not dependent on wealth or class. It is

better to implement the ‘common school system’ in which all the children attend the same

school in neighbourhood rather than providing the 25% free seats of private schools. That is,

all children from all strata of society in a locality should go to the same set of schools in that

locality and receive free education. They believe that this will (a) bring different social

classes and groups together and promote an egalitarian and integrated society (b) improve the

overall standards in government schools as the influential upper strata of society pushes the

higher standards, (c) reduce the disparity of opportunity among children, and (d) lead to a

better society as children from different sections mingle from an early age. Further, there is

no obligation on private schools for continuation of education of such children in higher

grades. Government schools are not of poor quality while private schools are better off in

many ways. But as the latter charged high fees, only middle and top income classes could

afford to send their children there. The Kothari Commission itself pointed out in its report, to

implement such a system, there would have to be a “significantly increased outlay for

elementary education”, to build infrastructure and to infuse quality into government schools.

4.2.2. The Omitted Points in RTE 2005 Bill

The draft Bill doesn’t make any provision for seeking action against the government

authorities, “it’s a law without teeth; the authorities can’t be hauled up in court for violation.”

The Bill instead lays the blame on parents. The Bill States that if a parent/guardian fails to

18
enroll his child in school, the SMC may impose a penalty by way of compulsory child care.

Since the responsibility for ensuring schooling for all children lies with the local authority, it

may be appropriate for the local authority (rather than the SMC) to\\ be given the

responsibility of penalizing such parents. It suggests that School Management Committees, to

be set up with the representatives from parents, teachers and local authorities under the Act to

minor the working of schools, and can ask parents or guardians to provide assistance by way

of childcare in the school.

Ninety-nine percent of such parents identified by the school committee will be poor

people who don’t earn minimum wages, or belong to migrant families. By framing such a

rule, the government had failed to recognize poverty as a major reason for children not

attending school in the first place, and by asking parents to help in the schools, it would put

their daily wages at risk, notes Anil Sadgopal, a member of the CABE Committee which

prepared the report on the Bill and also a form Dean of Delhi University’s Department of

Education.34 There are implementation issues with respect to the requirements of no

capitation fee and no screening. The bill mandates automatic promotion for students and

focuses only on the inputs into the education system outlays. No standards are set for learning

outcomes. Thus it is a case of guaranteeing graduation, but not education.

The Bill states that private schools can be set up only after certification from a

‘Competent Authority’. These rules could lead to interference in school management and an

‘inspector raj’ by the local authority. Imposing strict licensing tag and license renewal system

discourages many private parties, NGO’s and local bodies to set up schools. It encourages

corrupt practices to procure and renew license. It also imposes additional burden on

government to setup and maintain schools in those localities where private parties couldn’t

set up schools. In the past decade there is substantial evidence that private schools have

34
http://www/indiatogether.org/2005/ot/edu-rightedu.html visited on 05/08/2013

19
contributed significantly to the cause of literacy and education. Between 1991 and 2001,

India’s literacy rate increased by about 13 percent, from 52 to 65 percent. This is the highest

increase in any ten year period in India’s history. This was achieved despite an actual

decrease in government educational expenditures in the early 1990s due to the structural

adjustment program. Unrecognized private schools for the poor, charging Rs 25 to 200 had

come to the rescue and the Bill assumes that it is helping the poor by outlawing that whole

sector.

The Section 26 lays down the duties of teachers. Yet again, this section focuses more

on the necessary inputs into the system by teachers, like regular attendance, hours of class

time, completion of the syllabus. In addition to this, it also mandates regular assessment of

the learning level of each child and an appraisal of the progress of the child to parents and the

Schools Management Committees (SMCs). But it specifies no standards for assessment.

Every child has a right to education of ‘equitable quality’. The term ‘equitable

quality’ is not adequately defined. The Bill specifies norms for physical infrastructure such as

number of rooms, teachers, toilets etc. but does not outline expectations on learning

outcomes. The National Commission for Elementary Education is established with the goal

of monitoring of this commission provided in section 33(4) are to monitor the quality of

elementary education. But even a cursory reading of the Bill would reveal that there is not a

single parameter in the entire Bill that would enable the measurement of the quality of

elementary education provided. Therefore, the Commission would busy itself with

monitoring the inputs into the education system prescribed in the Bill, in great detail on page

after page, like compliance with the infrastructure requirements, formation of requisite

administrative machinery. Thus, the monitoring elementary education system as provided in

the Bill is hardly likely to evaluate the quality of the education.

20
 Though the Bill prohibits any person preventing a child from participating in

elementary education, it does not adequately address the issue of child labour. The bill says

that children with severe or profound disability, who cannot be provided elementary

education in a neighbourhood school, shall have the right to be provided education in an

appropriate alternative environment as may be prescribed. Whereas the Bill has detailed the

norms required of a school like teacher pupil ration, buildings etc, it is silent on the facilities

needed to enable children with disabilities to attend school such as ramps, Braille readers, etc.

there is no clarity regarding the right of children with disabilities and how these will be

implemented. There is mixed evidence on the ability of SMCs in improving quality of

schools and learning outcomes of children. This Bill will cost the exchequer between

Rs.3,21,000 crores to Rs.4,36,000 crores over six years in addition to the current expenditure

on education. This is estimated to an increase of between 1.1% of GDP35

SMCs will monitor and oversee the working of the school, manage its assets, utilize

grants to disburse teacher salary and for the upkeep and development of the school, and

monitor teacher performance and including granting leave, providing regular assessment

reports, and imposing minor punishment.

All state teachers will be assigned to a school and will never be transferred to another

school. A teacher can move to another school or to a higher position through open

advertisements and competition among those eligible. By tying a teacher to a school for the

rest of his/her career will not improve his/her performance. Most of them would be entitled to

remain in remote areas and end up their career by being placed there, while some of them will

whole of their life would get the opportunity to be placed in the area of facilities.

35
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21
 It is better to make provision of teacher’s transfer under well defined policy so that

chances of malpractice, political interferences, and corruption in the administration of school

education in getting transfer not to be practiced.

4.3. Semi Approach of Government an Right to Education Bill

The Central Government washed its hands off the bill, instead sent a model on Right

to Education Bill to the states in July 2006, asking state governments to draft their own laws.

Its decision to drop the long pending Right to Education Bill (RTE) and pass it on the State

Governments as a model bill was a completely shocking decision ignoring not only a

fundamental right but also the genuine expectations of each and every citizen. Lack of

finances was not a legitimate and credible reason to scuttle the bill, the common minimum

program of the UPA government had promised 6% of the GDP for education. In the year

2004-05 an additional Rs.5,010 crores was collected through the 2% education cess for

funding universal basic education, but only Rs.2,000 crores extra was spent for the purpose.

The few instances indicate that government has given priority to other efforts, which are not

fundamental rights, over education, hence, lack of funds is not a convincing reason, can raise

additional resources.

The detailed analysis of the bill reveals that the bill used the generic and seemingly

innocuous phrases like ‘competent authority’, ‘Local authority’ and ‘empowered authority’

for different functions. This shows an ambiguous nature about the government machinery

that would implement the provisions made in the bill and leaves space for delegation of

authority. The scenario is particularly bad in rural areas and the worst affected are the poor.

Still there is no proper law or legislative framework that will provide “Right to Education”,

with “equitable quality” to everyone.

22
4.4. Pitfalls of Right to Education (RTE) Bill, 2008

 There are no specific penalties if the authorities fail to provide the right to elementary

education.

 Both the government and the local authority have the duty to provide free and

compulsory elementary education.

 Sharing of this duty may lead to neither governments being held accountable

 The bill provides for the right to schooling and physical infrastructure but does not

guarantee that children learn. It exempts government from any consequences if they

do not meet the specific norms.

 The constitutional validity of reservations of seats in private schools for economically

weaker sections could be challenged.

 Minority schools are not exempt from provisions in this Bill. It is possible that this

will conflict with Article 30 of the Constitution, which allows minorities to set up and

administer educational institutions.

 The bill legitimizes the practice of multi-grade teaching. The number of teachers shall

be based on the number of students rather than by grade.

4.5. Recommendations given by Law Commission of India

The Law Commission of India took up the mater suo motu concerning provision of

free and compulsory education to all children up to the age of 14 years. A cherished goal set

in the Constitution of India observed that education has an acculturating role whereby it

refines sensitivities and perceptions that contribute to National cohesion, scientific temper

and independence of mind and spirit thus furthering various goals set out in our

constitution.36 The Commission emphasized the need for immediate Central legislation to

give effect to the right to education without waiting for the constitutional amendment to go
36
Law Commission of India (1998), 165th Report on ‘Free and Compulsory Education for Children, 2nd
edition, (Universal Law, New Delhi, 2010) p.165.5

23
through in Parliament37 and accordingly it suggested a draft Bill Free and Compulsory

Education for Children Bill, 1998 in 165th report he Right of Children to Free and

Compulsory Education Act, 2009 is based largely on the recommendation made by the

Commission.

4.6. State Policies and Programmes

Education is the most crucial investment in human development. Education strongly

influence improving on health, hygiene, demographic profile, productivity and practically all

that is connected with the quality of life. It refines sensitivities and perceptions that contribute

to national cohesion, a scientific temper and independence of mind and spirit thus furthering

the goals of socialism, secularism and democracy enshrined in our Constitution. Education

develops manpower for different levels of the economy. It is also the substrata on which

research and development flourish, being the ultimate guarantee of national self-reliance. In

sum, education is a unique investment in the present and the future. This cardinal principle is

the key to the National Policy on Education. Primary Education is a basic enabling factor for

participation and freedom, for trading a life with dignity and overcoming basic deprivation,

the liberalization and globalization of the Indian economy, the rapid changes witnessed in

scientific and technological world and the general need to improve the quality of life and to

reduce poverty, the great leaders of the Indian freedom movement realized the fundamental

role of education in the nation’s struggle for independence and stressed its unique

significance for national development. The need for literate people, universal education as

given due recognition during the freedom struggle. Mahatma Gandhi at the time of leading

the freedom struggle against colonial role formulated the scheme of basic education seeking

harmonies between intellectual and manual work and proposed an alternative village and

community based system of education. This was great step forward in making education

24
37
Ibid. p.165.43

25
directly relevant to life of the people. Many national leaders likewise made important

contributions to national education before independence. After the country succeeded in

attaining independence in 1947, systematic efforts were being made to rebuild the nation. In

this prospect, a major concern of the Government of India and of the States was to give

increasing attention to education as a factor vital to national progress and security.

The system of education has a determining influence on the rate at which economic

progress is achieved and the benefits which can be deprived from it. Economic development

naturally makes growing demands on human resources and in a democratic setup it calls for

values and attitudes in the building up of which the quality of education is an important

element. Education is a basic importance of the planned development of nation. The

education machinery has to be geared for the specific tasks which the nation sets itself so as

to make available, in the various fields, personal of suitable quality at the required rate. The

education system has also an intimate bearing on the attainment of general objectives of

social policies as it largely determines the quality of the manpower and the social climate of

the community.

Hence a number of commissions and committees were established as the

Radhakrishnan Commission 1949, for University Education, The Dr. A. Lakshmanaswamy

Mudaliar Commission 1952, Secondary Education and the Kothari Commission 1964-66

which was more comprehensive commission suggesting reforms in all sectors of education

and to review the problems of educational reconstruction to the fullest possible extent for

early realization of the educational objectives of New Education in the post-independence

period must be relevant to the national-goals ‘democracy, secularism, elimination of poverty,

to create a socialistic society, to create national integration of independent India’.38

38
Naik, J.P. Educational Planning in India, (Allied Publishers, New Delhi) p.78-80

2
4.7. Commissions related to Education

The socio-economic and cultural development and recognizing the need of the people

and society, the several commissions for educational reform was framed. The important

perspectives are elementary education. Our educational system has been geared to the welfare

of the upper and middle classes right from the start and they continue to be its principle

beneficiaries. Education has thus become an instrument for the preservation of the status quo

and continuation of privilege.

4.7.1. Education Commission (1948-49)

The post independence period, the first immediate action taken by the Government of

India, in the field of education, The University Education Commission (1948-49) under the

Chairmanship of Dr. Radhakrishnan recognized that, “In a democratic society the opportunity

of learning must be open not only to elite but all those who have to carry the privilege and

responsibility of citizenship. It was also known as the Radhakrishnan Commission. Education

is a universal right, not a class privilege.” The Commission was taken into the requirements

and problems of higher education and improving in the light of the requirements of the

country and its traditions. This signaled government’s intention almost immediately after

independence to emphasize on University Education. Basically, the idea behind it was that

the education mainly secondary and higher was necessary for the development of industrial

sector.

The Commission presented a definitive report on the University Education in 1948

suggesting improvements for the future requirements of the country. It encouraged vocational

education at higher levels of education as the newly independent stated wanted to concentrate

on the promotion of heavy industry. The role of primary education was not stressed, it

confined to a large extent to produce graduates. This influenced report called upon the

universities to prepare educated men and women for leadership positions. Thus basic am of

2
the university education was to produce able citizens, able administrators and suitable

workers; who could take the responsibilities successfully various walks of life the best

interest of the nation. The commission gave emphasis on higher value of life. The university

has to develop the spirit of universal brotherhood regardless of race or colour, nation or

religion; love of peace and freedom, abhorrence of cruelty and perpetual devotion of the

claims of the justice.

The commission highlighted on women’s education for the acquisition of perfection

in their traditional role as well as for those who are working. The commission’s

recommendations were confined to the women in rural areas while most of the population

lives in the most backward rural areas. As reported by the 1941 census, about 85% of the

population of India lives in villages. This vast population has been scarcely touched by

secondary or higher education, except by the permanent withdrawal from village life of those

able young people who have left the villages for the universities.

4.7.2. The National Committee on Women’s Education

There is an increased awareness that education is one of the most valuable means of

achieving gender equality and the empowerment of women. Education is seen as a critical

factor in breaking the inter-generation cycle of transmission of poverty. The power of

education lies in not just imparting formal literacy; the appointment of National Committee

specifically for women’s education was a revolutionary step by the government in 1958.

Since the attainment of independence, the problems of education of girls and women had

acquired a new significance. The Educational Panel of the Planning Commission, in July

1957, suggested that a appropriate committee should be appointed to go in to the various

aspects of the questions relating to the nature of education for girls at the elementary,

secondary and adult stages and to examine and more useful life. The conference of the State

2
Education Ministers in 1957 also agreed that a special committee should be appointed to

examine the whole situation of women’s education.

The important recommendations of the committee were that steps should be taken to

constitute as early as possible National Council for the Education of Girls and Women; a

separate unit to advise on women’s education should be set up at the Central level; in each

State, a women should be appointed as Joint Director and placed in charge of education of

girls, lady teachers should be appointed in all schools were there are no women. There should

be identical curricula for boys and girls at the primary stage; at the secondary stage there is

need for differentiation of the courses. Vocational training courses with primary as a basic

qualification may be conducted in school during the day. Alongside general education

courses with middle and secondary as basic qualifications may be organized in vocational

sections of middle and secondary schools, in multipurpose schools, in separate vocational

schools, in training centers, in workshops and in continuation schools.

1. Primary Education (age group 6-11)

2. Middle and secondary education (age group 11 to 17)

4.7.3. Kothari Commission (1964-66)

The sixth commission in the history of commission in India The report of the

Education Commission (1964-66) began with a solemn proclamation. “The Destiny of India

is now being shaped in her classrooms”,39 known as Kothari Commission under the

stewardship of Dr. D. S. Kothari. The Five Years Plan, started after independence helped the

growth of the country in many areas. However, the execution of these plans expresses the

inherent weakness due to which the expected success was not being achieved. Education

appeared to be one of areas which indicated many problems that needed our efforts for

39
Report of the Education Commission (1964-66) (Ministry of Education, New Delhi, 1966) p.1 no.1.01

2
immediate solutions40. On the general principles and policies for the development of

education at all its stages and in all aspects, it formulated a coherent education policy for

India and produced comprehensive report on all aspects of education. The Commission

suggested many measures for democratic education which even after four decades later are

still relevant for educational planners and policy makers in developing the socio-

economically and educationally developed in an independent country.

The Education Commission (1964-66) was a unique attempt at a comprehensive

approach to re-structure the old colonial institutions into a national system of education. But

the Commission presumed a change towards a more democratic and egalitarian that was

belied. No wonder some of its insightful and incisive recommendations were non-starters;

“priority to elementary and adult education, selective admission at higher levels, a common

neighborhood school system. With the exception of a few individuals, no political party was

committed to a radical restructuring of education, which remains a populist slogan still, a

carry-over from the national freedom movement.”41

The Kothari Commission report redefine education, restates its aims and objectives it

put emphasis on education by stating that education should be given highest priority in any

scheme of national development as the progress of the country, development of finances,

social security and welfare activities can be ensured only through education. The first time

the national objective of education were defined clearly. Not only Kothari commission has

made valuable suggestions for realization of these objectives, it outlined the role of education

as to increase productivity. Promote social and national integration, consolidate democracy,

accelerate process of modernization, and inculcation of national values.

To increase productivity, the commission stressed to make science education as an

integral part of school education and to make it also a part of all courses in humanities and

40
http://www.kkhsou.in/main/education/edu_commission.html visited on 02/09/2014
41
J.P.Naik, The Education Commission and After (APH Publishing Corporation, New Delhi, 2008) p.44

3
social sciences at the university stage. India’s school curriculum should prioritize the study of

mathematics and science on a compulsory basis to all students as a part of general education

during the first 10 years of schooling. The commission stressed to bring education by

emphasizing on the vocational education from the secondary education and to increase

emphasis on agricultural and technological education at the university stage to introduce

work experience as an integral part of all general or vocational education.

It recommended a radical transformation in the prevailing education system and

highlighted the need for a ‘Common School System’ of public education for promoting social

and national integration.

The Kothari commission stressed on the education of women that should be regarded

as a major programme in education for some years to come and bold and determined efforts

should be made to face the difficulties involved and to close the existing gap between the

education of man and women in as short time as possible. The commission further

recommended that expenditure on education has to be minimum 6% of the GDP. While the

government expenditure as a percentage of GDP has never risen above 4 percent.

4.8. Education Policies and Plans

The Kothari commission report as well as the report of the committees of the Member

of Parliament, a resolution on National Policy on Education (NPE) was issued by the

Government on July 24, 1968 which came to be regarded as the Fist National Policy on

Education in free India. The Government of India was convinced that a radical reconstruction

of education on the broad lines recommended by the Education Commission was essential for

economic and cultural development of the country, for national integration and for realizing

the ideal of the socialistic pattern of society. The education system must produce young men

and women of character and ability committed to national services and development. Only

then will education be able to play its vital role in promoting national progress, creating a

3
sense of common citizenship and culture and strengthening the national integration. This is

necessary if the country is to attain its rightful place in the community of nations in

conformity with its great discussions with mild deliberations on the Report of the Education

Commission, a general consensus was emerged and a National Policy on Education was

enunciated by the Government in 1968,

4.8.1. National Policy on Education (NPE-

1968)
is based on the recommendations of the
The National Policy of Education 196842

Kothari Commission of 1964-66. The Commission recommended that the Government of

India should issue a statement on the National Policy on Education which should provide

guidance to the state Governments and the local authorities in preparing and implementing

educational plans. In 1967 the Govt. of India constituted a committee of Members of

Parliament on Education to prepare the draft of a statement on the National Policy of

Education. The Committee brought together the leading members of almost all the political

parties in the country and prepared a draft which was considered by the Central Advisory

Board of Education. A general consensus on the National Policy on Education emerged in the

course of the Board’s deliberations. The educational objectives, during these years, laid more

stress on further democratization of education, emphasized on quality improvement and a

planned, more equitable expansion of educational facilities, improving access to education,

and also its quality at all stages, better educational opportunities for disadvantaged, achieving

more regional equity, increasing the range of educational opportunities introducing increased

vocational bias in the curricula, more relevance to socio economic needs, developing

alternate strategies, broadening the concept of continuing education, increasing access of

women to all levels of education and awareness of environmental problems.

42
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3
 The committee showed its concern over the large incidence of wastage and stagnation

at the elementary stage should be stopped forthwith. To meet the problem, it suggested the

launching of free and compulsory programme of primary education all over the country and

to provide all facilities also mentioned in the Education Commission Report, So as to attract

the children to the schools and retain them there. It also suggested the every possible

incentive be given to the girls to attract them to the schools43.

It highlighted that strenuous efforts should be made for the early fulfillment of the

Directive Principle under Article 45 of the constitution seeking to provide free and

compulsory education for all children up to the age of 14 Before the 86 th Constitutional

Amendment Act, 2002, and to develop suitable programmes should be developed to reduce

the prevailing wastage and stagnation in schools and to ensure that every child who is

enrolled in school successfully completes the prescribed course. It acknowledged the

importance of teachers by signifying that ‘The teacher is undoubtedly the most important of

all the factors which determine the quality of education and its contribution to national

development. It is on his personal qualities and character, his educational qualifications and

professional competence that the success of all educational endeavors must ultimately

depend. Teachers must, therefore, be accorded an honoured place in society, their

emoluments and other service conditions should be protected. Teacher education, particularly

in-service education, should receive due emphasis’.

It emphasises on the development of ‘Three-Language Formula’ (i.e,) Hindi, Sanskrit,

regional languages at the secondary stage. The regional languages are already in use as

medium of education at the primary and secondary stages. It incorporated development of the

various regional languages even at the university stage too, as without incorporating regional

languages the creative energies of the people will not be released, standards of education will

43
R.P.Pathak, Development and Problems of Indian Education, (Pearson Education India, 2012) p.189

3
not improve, knowledge will not spread to the people and the gulf between the intelligentsia

and masses will remain if not widen further.

The policy emphasized the removal of imbalances existing in different areas of

education. There is, for example, an existing imbalance between state and state, district and

district, block and block, village and institution and institution; between girls and boys

between the SC, ST, minorities, other backward communities, so the imbalance is discernible

almost in all the areas and is causing a lot of harm to the system, Hence, every effort should

be made to remove it. The policy gave importance for all the incentives to the girl for they are

the worst sufferers. It suggests every sort of incentives for the Schedule Castes, Schedule

tribe and also children from backward communities. The policy also says the serious efforts

should be made to evolve the common school system. It will naturally be a big stride in the

direction providing equal opportunities to very child.

4.8.2. National Policy of Education (NPE-1986)

The National Policy on Education according to the new policy, the 196844 policy

goals had largely been adopted. In this policy called for ‘special emphasis on the removal of

disparities and to equalize educational opportunity’, especially disadvantaged peoples like,

Women, Schedule Tribes (STs) and Schedule Castes (SCs) Communities, Other backward

Classes, minorities and disabled. There has been considerable expansion in educational

facilities all over the country at all levels. The most notable development is the acceptance of

a common structure of education throughout the country and the introduction of the 10+2+3

system by most States. The prioritization of science and mathematics had also been

incorporated as compulsory subjects.

The National Policy gives its recommendations right from the period of early

childhood. It suggests a scheme of early childhood education. The Programme of Action

44
Department of Education, National Policy on Education (1986), (Ministry of Human Resource Development,
New Delhi). Government of India

3
(POA) underlines the need to organize programmes for the all-round development of children

below the age of 6 years. It suggests the opening of day-care centers, requirements of suitably

trained teachers at suitable wages all over the country, especially in the rural areas..

Anganwadis must be opened almost in all the villages. The purpose is to give due attention to

the bringing up of the children away from the home in a homely and satisfactory for

everyone. The P.O.A. also talks about the steps to be taken about the health of the expecting

mothers or about the pre-natal care of the mothers.

4.8.3. Universal Elementary Education (U.E.E.)

The Programmed of Action suggests that every school should provide education equal

to the standard of minimum level of learning, to make U.E.E really universal, the P.O.A. adds

that the community involvement in education should be actively sought. It advises to seek

full cooperation of the voluntary agencies in their ventures. It also recommends making

education child-centered. It says that at least the bare minimum facilities should be provided

for every in school. Keeping in view the pathetic condition of many schools, it gives the

scheme of ‘Operation Blackboard’ (O.B). The scheme envisages providing for two

reasonably large rooms usable in all kinds of weather; necessary toys and games material,

blackboards, maps, charts and other learning materials that may serve as teaching aids.

However, realizing the fact that our resources are much too meager to attract or retain

all the children in formal system, it suggests the institution of non-formal education even for

the children at the age of six. This channel is meant for the children who, because of one

reason or the other, are unable to join the formal system45.

4.8.4. Disadvantaged group

The typical Indian child, statistically, is a disadvantaged child, if that label were to

apply to child coming from very poor infrastructure or an urban, slum and rural, families

45
Supra note 44 p.194
3
living below poverty line and socially backward classes. In this concern that has been

articulated in the National Policy on Education, provided policy directives for special efforts

to be aimed at educationally disadvantaged groups, especially the Schedule Caste and

Schedule Tribes for removal of disparities and equalization of educational opportunities by

attending to the special needs of those denied equity.

4.8.4.1. Women Education

The P.O.A. gave recommendations about the growth and development of women

education. The programme of Early Childhood Care and Education (E.C.C.E) discussed

above speaks of this attempt. To make provisions for crèches and opening day-care centre’s

will definitely help the girl child to come to the schools, because then she will not be required

to attend on the younger siblings when the parents go out on work. Appointment of at least

one woman teacher out of two teachers under the ‘Operation Blackboard’ scheme and

reservation on one-third seats for girls in Navodaya Vidyalayas are some concrete measures

to give the girls what is their rightful due. It is an effort will would lead to women

empowerment.

4.8.4.2. Education Facility for SCs

The Central focus is on their equalization of SC with the Non-SC population at all

stages and levels of education, in all areas and in the entire four dimensions rural male, rural

female, urban male and urban female. The measures contemplated for the purpose include

incentives to indigent families to send their children to school regularly till they reach the age

of 14; pre-matric scholarship scheme for children of families engaged in occupations such as

scavenging, flaying and tanning to be made applicable from class one onwards. All children

of such families, regardless of incomes, will be covered by this scheme and time bound

programmes targeted on them will be under taken. Recruitment of teachers from Schedule

3
Castes, provision of facilities for SC students in students hostels at district headquarters,

according to a phased programme, location of school buildings, the utilization of Jawahar

Rozgar Yojana resources so as to make substantial educational facilities available to the

Schedule Castes, and constant innovation in finding new methods to increase the

participation of the Schedule Castes in the educational process are of some concern updated

NPE 1986.

4.8.4.3. Education Facility on STs

The Education Commission Report (1964-66) subtitled ‘Education and National

Development’ reflected this earlier optimism when it emphatically affirmed, that for ‘change

on a grand scale there is one instrument and one instrument only that can be used:

Education.’ Generally those who would use a more consensus model of social order, give

causal priority to ‘fiduciary institutions’,46 and to value change. These are the ones more

optimistic about the casual efficacy of education. Not unexpectedly, they favour evolutionary

over revolutionary change, initiated and sustained by educational institutions.

The tribal sub-plan approach while according priority for elementary education

envisaged different strategies. However, for the first time comprehensive policy for tribal

education 1986 followed a programme of action with detailed strategies for implementation

of the policies helped tribal education for quantitative and qualitative improvement. Further,

the revised policy of 1992 and programme of action strengthened the special policy and

programmes for tribal education. The construction of school building will be undertaken in

these areas on a priority basis under the normal funds for education, as well as under the

Jawahar Rozgar Yojana, Tribal Welfare schemes, it contained there is the need to develop the

curricula and devise instructional materials in tribal languages at the initial stages, with

46
Talcott Parsons and Gerald M. Platt, The American University, (Harvard University Press. Cambridge, Mass,
1973) p.8 Cf. Samuvel Bowles and Herbert Gintis, Schooling in Capitalist America, (Routledge and Kegan
Paul, London, 1976)

3
arrangements for switching over to the regional language as the socio-cultural of the STs has

its distinctive characteristic including, in many cases, their own spoken language at the initial

stages, with arrangements for switching over to the regional language.

4.9. National Programmes For Educational Development

Adoption of National Policy on Education (NPE), 1986 saw the introduction of a

number of centrally sponsored schemes to cater the specific needs of the elementary

education sector. Several schemes have been launched by the Central Government to meet

the needs of the educationally disadvantaged group and for strengthening the social

infrastructure for education viz. District Primary Education Programme, Sarva Siksha

Abhiyan, Operation Black Board, Education Guarantee Scheme and Alternative and

Innovative Education, National Programme for Education of Girls at Elementary Level,

Mahila Samakhya, Teacher Educating, Mid day Meals Scheme, Lok Jumbish, Shiksha Karmi

Project, Janashala etc.

Earlier 1990s there were a few large scale foreign funded projects on education.

UNICEF and the ILO had funded some non-formal education centers, the Andhra Pradesh

Primary Education Programme which was funded by the Department for International

Development, UK, the Siksha Karmi with Dutch funding and Lok Jumbish with funding from

SIDA, were the only programmes operational. Since 1990, the Government of India began

accepting funding for elementary education in the form of loans, with the World Bank being

the largest creditor. The European Union is also a large donor. From the point of view of the

World Bank, which provides the major component of the funds in the form of a loan, the

funding seems to be linked to ‘providing a safety net’ within the overall policy of structural

adjustment. Indeed, the first programme funded by the World Bank in Uttar Pradesh prior to

DPEP, was referred to as a safety net programme. In 1993, the Ministry of Human Resource

3
Development, Government of India conceived the DPEP as an umbrella scheme under which

the support from all the different funding agencies would be channeled.47

4.9.1. District Primary Education Programme (DPEP)

The District Primary Education Programmes (DPEP), launched in 1994, and is

assisted by the World Bank, European Commission. The programme takes a holistic view of

primary education development and seeks to operationalise the strategy of UPE through

district specific planning with emphasis on decentralized management, participatory

processes, empowerment and capacity building at all levels. The programme is implemented

though the State level registered societies. DPEP is centrally sponsored scheme. 85% of the

project cost is shared by Government of India and 15% by the concerned State government.

Both the Central share and State share are passed on to State Implementation Societies

directly as grant. The programme is providing access to primary education for all children,

reducing primary drop-out rates to less than 10 percent, to increase learning achievement of

primary school students by 25%, and reducing the gender and social gap to less than 5%. The

programme is structured to provide additional inputs over and above the Central/State sector

schemes for elementary education.

The district is the unit of programme implementation and selected on the basis of twin

criteria, viz., (i) Educationally backward districts with female literacy below the national

average and (ii) district where Total Literacy Campaigns (TLCs). The DPEP has been able to

set up project management structures at districts, state and national levels, create the

environment and capacity for micro planning, take up the challenge of pedagogical

innovation, create a responsible institutional base which includes both government and non-

government institutions, enhance community participation and strengthen the process of

47
District Primary Education Programme, MHRD, 1993.

3
 catering to special focus groups such as tribal’s scheduled castes, women and other

marginalized sections. The first phase programme is under evaluation. The initial trends of

impact studies are very positive.

4.9.2. Sarva Shiksha Abhiyan (SSA)

Arduous efforts have been made in the last six decades for the Universalisation of

Elementary Education and to fulfill the mandate of the Indian Constitution. The National

Policy on Education 1986 and 192 also gave top priority to the achievement of universal

elementary education. Many projects and programmes at the micro and macro levels have

been undertaken in the past in this direction. Experiences have shown that with all the past

interventions, there has been considerable progress in providing access to primary education,

increase in enrolment and retention, improvement in school attendance and generation of

strong demand for education, especially for girls. However, pupil achievement has been low

and there have been inter-state and inter-district differences in pupil’s attendance and

achievement level.

Sarva Shiksha Abhiyan is launched in 2001-02. The Sarva Shiksha Abhiyan is also

known as the Education for All movement or 'Each One Teach One'. It was introduced in

2000-2001 as the flagship programme run by the Government of India. This scheme is

framed to provide useful and relevant elementary education for all children in the age group

of six to fourteen by 2010.48 Sarva Shiksha Abihyan is being implemented in partnership with

the State Government to cover the entire country. It aimed to ensure that by 2015 all children

in India are receiving eight years of basic education of acceptable quality, regardless of sex,

caste, creed, family income or location. It combines a dual thrust on enrolment and equity

with an emphasis on quality. The programme seeks to open new schools in those habitations

48
http://www.archive.india.gov.in/spotlight/spotlight_archive.php?id31 visited on 09/08/2014

1
which do not have schooling facilities within one kilometer (three kilometers in the case of

upper primary), and strengthen existing school infrastructure through provision of a

classroom for every teacher, a teacher for every 40 pupils, toilets, drinking water, free

textbooks, school grants, maintenance grant and school improvement grants. Existing schools

with inadequate teacher strength are provided with additional teachers, while the capacity of

existing teachers is being strengthened by extensive training, grants for developing teaching

learning materials and strengthening of the academic support structure at a cluster, block and

district level. SSA seeks to provide quality elementary education including life skills. SSA

has a special focus on girl’s education and children with special needs. SSA also seeks to

provide computer education to bridge the digital divide49.

There is strong emphasis on special focus groups especially girls, children from

Schedule Tribes and Schedule Castes, minority groups and the children of migrated laborers.

The primary beneficiaries were expected to be 9 million children particularly girls, SC and

ST children, and also with disability in the 6-14 year age group who were out of school and

who would enroll as a result of the program efforts in investment to reach out to all children.

4.9.3. Operation Blackboard

It is the part of the programme proposed by NPE, 1986 that is Operation Black Board

scheme was launched in 1987-88 for providing and improving basic physical facilities in all

Elementary schools, the use of term ‘operation’ implied that there was urgency in the

programme, which had a predetermined time about its implementation and the term

‘blackboard’ symbolized physical facilities. Hence the concept of ‘Operation Blackboard’

implied the speedy providing minimum essential facilities in all primary schools both in

49
http://ssa.nic.in/ visited on 09/09/2014

1
terms of man and material.50 The scheme was formulated with an assumption that the

improvement in schools environment would increase enrolment rate, retention rate, and

achievement level of primary school children. 51 There are three interrelated components of

Operation Black board programme (i) to every primary school should have at least two

reasonable large all weather rooms along with separate toilet facilities for boys and girls; (ii)

at least two teachers as far as possible one of them preferable a women; and essential

teaching and learning material including blackboards, maps, charts, a small library, toys and

games and some equipment for work experience.

In 1993-94 the scheme was extended to cover Upper Primary Schools. The Scheme

included providing 3 class rooms for such schools and additional teacher for Upper primary

schools and third teacher for primary schools with enrolment of more than hundred

children.52 The Government of India decided to cover the Operation Blackboard Scheme in a

phased manner of over a period of three years. It was decided to cover all the primary schools

run by the Government, Local Bodies and Panchayat Raj Institutions. It was also decided to

cover twenty percent of community development blocks and municipal areas in all States and

Union Territories, during 1987-88, another percent during 1988-89 and the remaining fifty

percent during 1989-90. All the states and Union Territories were asked to conduct surveys of

existing facilities as on 30th September, 1986. However, due to a resource crunch, it could not

be implemented in all blocks by 1989-90 and was continued in 1990-91 and 1991-92.

The responsibility of the implementation of the scheme was shared by the Central

Government, the State Government, the State Government and the Local Government. The

States had been fully responsible for the construction of the school buildings, it had been
50
C.P.S. Chauhan, Problems of Indian Education: Policies, Progress and Problems,(Kaniksha Publishers
and Distributors, New Delhi, 2004) p.67
51
K.Venkateshwara Rao, P.Ayodhya, Digumati Bhaskar Rao, Operation Blackboard Success or Failure,
(Discovery Publishing House, New Delhi, 2007) p.7
52
G.N.Karaley, Integrated Approach to Rural Development: Policies, Programmes and Strategies,(
Concept Publishing Company, New Delhi) p.24

1
emphasized that inexpensive building designs be proposed taking into consideration the agro

climate conditions and utilizing the locality available materials.53

The following classifications were given to State Governments regarding the

construction of school buildings:

 It was suggested to keep the cost of the building low to utilize the local materials;

 It should be ensured that there is inbuilt space for storage equipments;

 Each of the room to be constructed should be 30 square meters in area and the depth

of the veranda should be approximately nine to ten feet. Even if there are two rooms

existed at the recommended area, new room should constructed;

 To inculcate desired toilet habits among children, separate toilet for boys and girls

should be constructed;

 It was suggested to construct well plastered blackboards on the rooms as well as at the

both the ends of the veranda.

In this connection the construction of the school buildings envisaged under the

Operation Blackboard, funds had been made from National Rural Employment Programme

(NREP) and Rural Landless Employment Guarantee Programme (RELGP), in addition to the

normal budget provisions of the State Government. The funds were provided to States for

procurement of Teaching Learning Equipments (TLE) and payment of Salaries to teachers

appointed under the Scheme of Operation Blackboard. Community participation had been

sought for land for construction of school buildings, Local Community; preferably Village

Education Committee (VEC) undertook the responsibilities for repairs and maintenance of

building and for fencing. Operation Blackboard eliminated the disparities in education and

facilities and helped to improve the quality and publicly funded schools. In attempt to

53
Balusu Veena Kumari, Digumarti Bhaskara B. Rao, Operation Blackboard,(APH Publishing Corporation,
New Delhi, 2009) p.10
1
improve the implementation of this scheme a few additional provision have been added. All

teachers will be trained in using the materials provided by the scheme under a particularly

designed teacher preparation programme. The state will provide for replacement of broken or

non-functioning materials. At the local level, there will be some flexibility for purchasing

additional items and teaching aids, which are applicable to the local situation. At least fifty

percent of the teachers will be women, which in turn will affect the girl enrolment in school.

School building will be designed according to local needs. The central government provides

funds for school equipment and the buildings; the state government also raises funds through

the Jawahar Rojgar Yojna scheme. An amount of Rs.12.80 lakhs has been spent on the

scheme from 1987 to1994.54

4.9.4. National Programme of Nutritional support to primary Education (Mid Day

Meal Scheme – MDMS)
Centrally Sponsored intervention is the MDMS. The world’s largest school feeding

programme was launched on 15th August, 1995. With the aim to give a make better to

Universalisation of primary education (UPE) by increasing enrolment, retention and

attendance and simultaneously impacting on nutritional level of students in primary classes. 55

Mid Day Meal (MDM) is paying important role in improving the nutritional status of

children, or at least eliminating ‘classroom hunger’.56 MDM can also play useful

socialization roles especially in India’s class and caste-ridden society. Sharing meal with

children from diverse caste and class backgrounds can help overcome traditional social

prejudices.”57 The objects of the schemes are to improve the nutritional status of children in

classes One to Five the Government, the Local Body, and The Government aided schools, the

54
http://www.childlineindia.org.in/Operation-Blackboard.htm visited on 10/09/2014
55
Reetika Khera, R. “Mid-Day Meals in Primary School”, Economic and Political Weekly, November 18,
2006
56
Kumar Rana, The Possibilities of Mid Day Meal Programme in West Bengal,( Pratichi Trust, West Bengal,
2005) p.22
57
Jean Dreze, A. Goyal, “The Future of Mid Day Meals”, Economic and Political Weekly, Vol.46, No.(37),
(2003) p.4673

1
Education Guarantee Scheme (EGS) and the Alternative Institute of Education (AIE)

Centers; encouraging poor children, belonging disadvantaged sections, to attend schools more

regularly and help them to concentrate on class room activities.58

The scheme was initially started in 2408 blocks and by the year 1997-98 the scheme

was introduced in all blocks of the country. It was further extended in 2002 to cover not only

children in classes One to Five of the Government; the Government aided, Local Body

Schools but also children studying in the EGS and the AIE Centers. 59 The central assistance

under the scheme consisted in September 2004 the Scheme was revised to provide for Central

Assistance for Cooking cost at Re.1 per child per school day to cover cost of pulses,

vegetables cooking oil, condiments, fuel and wages and remuneration payable to personnel

or amount payable to agency responsible for cooking. Transport subsidy was also raised from

the earlier maximum of Rs.50 per quintal to Rs.100 per quintal for special category states and

Rs.75 per quintal for other states. Central assistance was provided for the first time for

management, monitoring and evaluation of the scheme at 2% of the cost of food grains,

transport subsidy and cooking assistance. A provision for serving mid day meal during

summer vacation in drought affected areas was also made, 60 this began to after November 28,

2001, when Supreme Court order in the Right to Food case to directed to all states to provide

‘cooked meals’ case refers to a public interest litigation officially known as Peoples’ Union

for Civil Liberties Vs. Union of India and others.61

In July 2006 the scheme was further revised to provide assistance for cooking cost at

rate of Rs.1.8 per child/school day for states. In the North Eastern Region, provided the NER

States contribute Rs.0.20 per child/school day and Rs.1.50 per child/school day for other

58
Fahimuddin, Nutritional Support to Primary Education,(Anmol Publication, New Delhi, 2003) p.35
59
India 2008: A Reference Annual p.221
60
http://mhrd.gov.in/ middaymeal visited on 10/09/2014.
61
(2005) 10 SCC 481

1
States and the Union Territories (UTs), provided that these States and UTs contribute Rs.0.50

per child/school day.62

In October 2007, the scheme has been further revised to cover

children in upper primary (Classes VI to VIII) initially in 3479 Educationally Backwards

Blocks (EBBs). Around 1.7 Crore upper primary children are expected to be included by this

explanation of the Scheme. The programme was extended to all across country from 2008-09.

However, the consumption of mid-day meals in the primary schools appears to be

heavily under recorded in the National sample survey data so it is hard to verify the real

impact of MDMS on school attendance, but what is encouraging is the increase in the

enrolments of girls. The independent studies show that Mid Day meal scheme has made

positive intervention in the Universalisation of Primary Education by increasing enrolment

and attendance. The increase has been more marked with respect to girls and children

belonging to SC/ST categories.63 It has also pointed out that MDMS has contributed to

reduction in teacher absenteeism64 and the narrowing of social distances but unable to ruled

out the stable form of caste prejudices and social determinations. As the evidences shows

some upper caste parents send their children with packed food or asked them to come home

for lunch.65

A global report by the World Food Project (WFP) for 2013 on 169 countries has said

that India has the largest school feeding programme in the world, catering to over 114 million

children, but stands 12th among 35 lower-middle-income countries covering 79 per cent of its

total number of school-going children. The report titled “State of School Feeding Worldwide,

62
Reetika Khera, “Mid Day Meals Primary Schools: Achievements and Challenges” in Rama V Baru (ed.),
School Health Service in India: The Social and Economic Context, (Sage Publications India Pvt. Ltd., New
Delhi, 2008) p.80-82
63
Ibid. p.82
64
Tim Dyson, Robert Cassen, Leela Visaria (eds.), Twenty-first Century in India: Population Economy
Human Development and the Environment, (Oxford University Press India, New Delhi, 2004) p.353.
65
Jean Drez, Aparjita Goyal, “The Future of Mid Day Meals”, in Rama V. Baru (ed.) p.56

1
2013” draws from a global survey conducted by WFP in 2012 and a series of case studies and

peer reviewed technical working papers undertaken in collaboration with partner countries.66

The Mid Day Meal Scheme has been quietly feeding more than 10 crores children

every day for more than 10 years. Unfortunately, this popular and relatively successful

programme makes it to the headlines only when things go wrongs this time following the

tragedic death of 23 children in Bihar after eating at school. Hopefully, the Bihar tragedy will

provide an opportunity to redress some of the long standing issues in implementation of food

quality and accountability by learning from states such as Tamil Nadu.67

4.9.5. Non-Formal Education Scheme

Non-Formal Education as an alternative to formal Elementary Education was

experimented with as early as 1976 at which time nine educationally backward states in the

country were persuaded to initiate experimental NFE centers.68 Non-formal education has

become an accepted alternate channel of education for children who cannot attend full-time

schools due to various socio-economic constraints. To reach this large segment of

marginalized children, we in India have been running, since 1979-80, a programme of NFE

for children in the 6-14 age groups, who have remained outside the formal system. These

include drop-outs from formal schools, children from habitations without schools, working

children, children who have to remain at home to do domestic chores and girls who are

unable to attend formal schools for a variety of reasons. The enlarged and modified version of

the NFE programme now in operation visualizes NFE as a child-centered, environment-

oriented and flexible system to meet the diverse educational needs of the geographically and

socio-economically deprived sections of society.

66
http://www.thehindu.com/news/national/indias-midday-meal-scheme-ranked-12th-among-owermiddleincome-
countries/article5441145.ece. Visited on 10/09/2014
67
Reetika Khera, “Mid Day Meals Looking Ahead”, Economic Political Weekly, Vol XLVIII No.32,
Commentary, (August 20 2013) p.12
68
http://www.teindia.nic.in/mhrd/50yrsedu/r/2P/8T/2P8T0101.htm visited on 10/09/2014

1
 Non-formal education is designed to overcome the shortcomings of the formal school

and make education a joyful activity. Decentralized community participation through village

education committees (VECs) in planning, running and overseeing the programme has been

considered crucial for its success. Although the focus of the programme is on the

educationally backward states, it also covers urban slums and hilly tribal and desert areas in

other states as well. Today, the programme is being implemented in 20 states and union

territories through the state governments and voluntary organizations. While there are more

than 226,000 NFE centre’s in the state sector, there are about 29,000 run by voluntary

agencies. About 44 per cent of the entire NFE centre’s are exclusively for girls, who are the

main victims of socio-cultural and socio-economic factors. The estimated enrolment capacity

is about 6.3 million children. Under the NFE programme, efforts are now being made to

further improve quality, allow greater flexibility to implementing agencies and relocate NFE

centers on the basis of micro planning/area survey. The NFE programme is being linked to

ground realities, allowing for continuous experimentation. Development and scaling-up of

effective NFE models that can help the learners to learn at their own pace is a major thrust

area69.

4.9.6. Mahila Samakhya Programme (MSP)

Since, independence, provision of educational opportunities for women has been an

important part of the national endeavour in the field of education. The NEP realised that the

education could bring about basic change in the status of women. In pursuance to the NEP, a

programme called Mahila Samakhya was designed. Mahila Samakhya means women’s

equality through education, a Dutch assisted project was launched in 1986 in 15 districts of

four states as a women empowerment project. Its basic objective was to empower women

through education to bring about a change in women’s own perception about themselves and

69
http://ignca.nic.in/cd_06020.htm visited on 10/09/2014

1
their society.70 In pursuance of the objectives of New Education Policy in 1986 and the

Programme of Action are as a concrete programme for the education and empowerment of

women in rural areas, particularly of women from socially and economically marginalized

groups. Provision for educational opportunities for women and girls has been an important

part of the national endeavour in the field of education since Independence. Though these

endeavours did yield significant results, that gender disparities persists, more so in rural areas

and among disadvantaged communities.71Since 2005-06 it is being funded by Government of

India. It was initiated to translate the goals of National Policy on Education (NPE, 1986) and

POA, 1992 into a concrete programme for the education and empowerment of women in

rural areas, particularly of women from socially and economically marginalized groups. “The

empowerment of women is possibly the most critical precondition for the participation of

girls and women in the educational progress”.72 It endeavors to create an environment for

women to seek knowledge and information in order to make informed choices and create

circumstances in which women can learn at their own pace and rhythm. The centrality of

education in the struggle to achieve equality is an important focus of Mahila Samakhya.

Mahila Samakhya (MS) runs residential schools, bridge courses, Mahila Siksha

Kendra’s, it was decided that the Programme would be implemented through autonomous

registered societies set up at States under the broad guidance of the Education Minister and

the Education Secretary of the concerned State. The Project was started as a Pilot Project in

Karnataka, Gujarat and Uttar Pradesh in 1989.73 Then it was extended to Bihar, Jharkhand,

70
Dr.Sahib Singh, Library and Literacy Movement for National Development, (Concept Publishing
Company, First published 2003) p.16
71
P.Ch. Laxmi Narayan, M.V.S.S. Prakash Rao, “Literacy and the other Developmental Indicators; The Key
Factors for Sustainable Development” in Adinarayana Reddy, D.Uma Devi (eds.) Current Trends in Adult
Education, Sarup and Sons, (New Delhi, 2006) p.164
72
Ramesh Chandra Social Development in India, Vol.5, (Isha Books, Delhi, 2004) p.8
73
S.P.Agarwal, J.C. Agarwal (eds.), Third Historical Survey on Educational Development in India:
Selected Documents, 1990-92, (Concept Publishing Company, New Delhi, 1994) p.482

1
Madhya Pradesh, Assam, Kerala, Andhra Pradesh and Uttaranchal. 74 The Mahila Samakhya

covers till November 2008 across eighty-nine districts in nine states in currently being

implemented in a total of 28480.75 The programme currently being implemented 121 District.

Education in Mahila Samakhya is understood not merely as acquiring basic literacy

skills but as a process of learning to question, critically analyzing issues and problems and

seeking solutions. It endeavours to create an environment for women to learn of their own

pace, set their own priorities and seek knowledge and information to make informed choices.

It seeks to bring about a change in women’s awareness about themselves and the awareness

of society in regard to women’s traditional roles’.

The programme has been able to lay the foundations for women’s empowerment at

the grass-root level and make strategic interventions to support education of adolescent girls

and adult women. Training programme for village level activists and ‘Sahayoginis’ have been

conducted in a few districts. During the 10 th five year plan (2002-2007) the programme is to

be expanded to 27 new districts in specially identified educationally and socially backward

blocks in states of Bihar, Jharkhand, Assam, Uttar Pradesh, Uttaranchal, Karnataka, and

Andhra Pradesh. Evaluation studies have pointed out effectiveness of the programme, in

developing the demand for basic education and creating a gender just society.76 The

programme currently being implemented 121 District.77

4.9.7. National Programme for Education of Girls at the Elementary Level (NPEGEL)

In July 2003, Government of India approved a new programme called National

Programme for Education of Education girls at Elementary level (NPEGEL) as an

74
Ibid.
75
The World Bank, Poverty and Social Exclusion in India, (WB, Washington D C., 2011) p.162
76
Janice Jiggins, Changing the Boundaries: Women-Centered Perspective on Population and the
Environment, (Island Press, Washington D C, 1994) p.129
77
Outcome Budget 2013-14, Department of School Education and Literacy, MHRD, GOI, New Delhi.

1
amendment to the existing scheme of Sarva Shiksha Abhiyan (SSA) for providing additional

support for education of underprivileged or disadvantaged girls at the elementary level. The

scheme is implemented in Educationally Backward Blocks (EBBS), where the level of

female literacy is below and the gender gap is above the national average; in blocks of the

districts which are not covered under EBBs but have at least 5% SC/ST population and where

SC/ST female literacy is below 10% and also in select urban slums. An estimated provision

of Rs.1064.80 crore has been kept for the Tenth Plan. Apart from NPEGEL, a new scheme

called Kasturba Gandhi Balika Vidyalaya (KGBV) has been approved for launching during

2004-05 for setting up 750 residential schools belonging predominantly to the SC, ST, other

backward class (OBC), and minorities in different areas. A provision of Rs.489 crore has

been made for the year 2004-05. 525 KGBV’s have been approved the Department of

Elementary Education involving amount of Rs.123.03 crores for the year 2004-05.78

An education cess of 2% on all direct and indirect central taxes was imposed through

the Finance Act, 2004. Soon after the relevant bill was introduced in parliament on July 8,

2004, action was initiated for creation of a separate, dedicated, non-lapsable fund to be

named as Prathmik Shikshya Kash and maintained by the MHRD, Department of Elementary

Education and Literacy. The proceeds would be available on a roll over basis for the schemes

of basic education and the mid-day meal scheme. Budget provision for the mid-day meal

scheme during 2004-05 is Rs.1675 crores. In addition Rs.1,232 crores has been provided to

the States/Union Territories as Additional Central Assistance (ACA) under state sector as

earmarked outlay for meeting cooking cost. The scheme is to provide additional support to

girls at the elementary level through the additional initiatives of the develop a school as

model girl-child friendly school, at the cluster level, provide additional incentives such as

78
Subash Chandra Parida, Empowerment of Women in India,(Northern Book Centre, New Delhi, 2009) p.49-
50

1
stationery, slates, workbooks and uniforms and to meet any other locally felt need within the

existing ceiling of Rs.150/- per child per annum.79

4.9.8. Navodaya Vidyalaya Samitis (NVS)

NVS is an autonomous organization functioning under the administrative and

financial control of the MHRD, Government of India which has its head quarters at New

Delhi. It was set up to establish and manage co-educational, residential schools (course VI to

XII) known as Jawahar Navodaya Vidyalaya as per recommendation of the National Policy

on Education, 1986 in each district of the country, Education in these Vidyalayas is free for

all enrolled students including lodging, boarding, textbooks, uniform etc., The major

objective of these vidyalayas is to promote and develop talented, bright and gifted children

predominantly from rural areas, irrespective of their socio-economic conditions, who may

otherwise be denied good educational opportunities. These Vidyalayas’ are affiliated to the

Central Board of Secondary Education (CBSE) and impart the CBSE Curricula, Admission to

them made at the class VI level through open test conducted at district level by CBSE. The

administration and environment of these schools is all set for bringing an all-round

development of the personality of the students by providing maximum opportunities for the

development of their talents academic growth and civic responsibilities. In this way, they

serve the interest of a wide segment of the children with special needs. 80 The scheme has

grown to 565 schools (as on March, 2007) covering many districts in 34 States/UTs and 1.93

Lakhs students on rolls as on March, 31 2007. More than 30,000 students are admitted every

year.81

79
Ibid. p.50
80
S.K.Mangal, Educational Exceptional Children: An Introduction to Special Education (PHI Learning
(pvt) ltd. Delhi, 2012) p.45
81
Rakesh Trivedi, India 2010 for Civil Services and other Competitive examinations. (Tata McGraw Hill
Education Private Limited, 2010) p.10.7

1
4.9.9. Shiksha Karmi Project (SKP)

The Siksha Karmi Project is being implemented since 1967 in Rajasthan with

assistance from Swedish International Development Authority (SIDA). Its aim is UPE in

selected remote socio-economically backward village’s backward villages of the State. The

project identifies teacher absenteeism as major obstacle in achieving the objective of

universalisation. It, accordingly, envisages substitution to the primary resident educational

workers called “Siksha Karmis’. To ensure appointment of local persons, educational

qualification prescribed for teachers are not insisted upon in the selection of Shiksha Karmis.

The existing primary school when run by Shiksha Karmi also runs a ‘Prehar Pathsala’ (Night

Centre) for children who cannot attend the Day Centre. It emphasis on recruitment of female

Shiksha Karmis and establishment of Mahila Shiksha Karmi Training Centres in order to

prepare local women to function as Shiksha Karmis. As on December 2005, the project

covered 3650 Villages in 150 blocks in Rajasthan. It provided education to 2.76 lakh children

in day schools and Prehar Pathshalas.82

4.9.10. Lok Jumbish Project

Lok Jumbish means people’s movement for education for all. And that is what it has

been in the real sense of the word. The Lok Jumbish programme started in 1992 in Rajasthan

where adult illiteracy was widespread, affecting 45 percent of men and 80 percent of women;

and over one-half population of the children of school-going age did not attend, 70 percent of

them being girls.83 Since, rigid social structure prevents women speaking in public and the

participation of women is crucial due to lack of literacy are those reasons for children not

82
J.C. Aggarwal Vikash, Development and Planning of Modern Education, 9th (edn) (Publishing House
Private Limited, 2008) p.109
83
Dr.Sahib Singh, Library and Literacy Movement for National Development,(Concept Publishing
Company, First published 2003) p.162

1
going to the school. The project is also distributing free school uniforms, textbooks and

provide for construction of low cost hostels and Ashramshala as SCs and STs Families.

4.9.11. Sahaj Shiksha Programme (SSP)

The Lok Jumbhish Parishad, an autonomous registered society responsible for Lok

Jumbish, has launched another programme known as Sahaj Shiksha Programme which has

spread over 3000 centres in Rajasthan exclusively for dropouts. This programme has resulted

in a tremendous increase in the learning ability of the students and many new schools and

Sahaj Shiksha Centres have been opened, besides conducting regular training courses to

teachers involved in literacy programme and universalisation of primary education.84

4.9.12. Jan Shikshan Sansthan (JSS)

The Jan Shikshan Santhan (Institute of People’s Education), previously known as the

Shramik Vidyapeeth, was initially established in Mumbai in 1967. Its number was gradually

increased to 17 in 1983. By the end of 8th Five Year plan, its number reached 58. There were

92 JSSs up to 2000 and 16 more have been sanctioned by the Government of India during

2001-2002. The JSS organizes vocational training and skill development programme for neo-

literates and other target groups on non-literates, less educated, SCs, STs, Women, etc., under

continuing education schemes. Besides literacy programmes, other technical and vocational

skills development programme like candle and agarbati making, sewing and embroidery and

computer courses. About 225 vocational training courses are being offered by the JSS to

more than 5 lakhs beneficiaries of which, 65 percent are women. Most of the JSSs are setup

under the aegis of NGOs and financially supported by the Government of India. Basic

objectives are to improve the occupational skills and technical knowledge of neo-literates and

the trainees and also to raise their efficiency and increase their productivity ability and to give

84
Ibid.

1
academic and technical resource support to ZSS in taking up Vocational skills development

programmes for neo-literates in both urban and rural areas.85

4.9.13. Strengthening Education among Schedule Tribal Girls in Low Literacy Districts

The Government of India, Ministry of Tribal Affairs on 1 st April 2008 have taken

initiation to start this scheme to improve literacy among tribal girls, and to bridge the gap in

literacy levels between the general female population and tribal women, and tribal female and

tribal male literacy levels. The scheme will continue as a “100% Central Sector Gender

Specific Scheme” from the 2007-08 onwards. It will be implemented through facilitating

100% enrolment of tribal girls in the identified Districts or Blocks, more particularly in naxal

affected areas and in areas inhabited by Primitive Tribal Groups (PTGs), and reducing drop-

outs at the elementary level by creating the required ambience of education. This scheme will

be implemented in 54 identified districts of Andhra Pradesh, J&K, Rajasthan where the ST

population is 25% or more, and ST female literacy rate below 35%, or its fractions, as per

2001 census. Any other tribal block in a district, other than aforesaid 54 identified districts,

which has schedule tribe population 25% or above, and tribal female literacy rate below 35%

or its fractions, as per census 2001, shall also be covered intimated by West Bengal and

Karnataka so far. Such blocks fulfilling the criteria in other States may also be considered as

and when reported. In addition the scheme will also cover areas below a Block level (e.g.

Gram Panchayats) inhabited by the notified PTGs. Out of all the aforesaid areas, the naxal

affected areas shall be given priority. The scheme will be implemented through Voluntary

Organizations (VOs)/Non- Governmental Organizations (NGOs) and autonomous society /

institutions of State Government / Union Territory administrations. The following measures

shall be taken to implement it:

85
Ibid. p.161

1
  Hostel facilities will be provided for tribal girls at the Block level to enable them to

attend regular middle/secondary school, and at the panchayat level to attend regular

primary school;

 Hostel facilities only, and not schools, can be set up in a phased manner if needed, for

up to 100 primary school girls, and 150 middle and high school girls at the panchayat

and block levels respectively. In compelling circumstances, the number to be

accommodated can go up.

 The hostels may be at one or more location(s) but may not be spaced at a distance of

more than 0.5 kms in hill areas and 2kms in the plans, from the regular schools which

they will attend.

In exceptional cases where the regular schools run under Sarva Shiksha Abhiyan or

other schemes of Education Department are not available within 5 Km radius, schooling

facility along with hostels may also be considered. Improvement of the literacy rate of tribal

girls is essential to enable them to participate effectively in and benefit from socio-economic

development.86

4.9.14. Scheme for established of Ashram School in Tribal Sub-Plan Areas (EDU)

Ashram School is centrally sponsored scheme. This scheme is operation in the Tribal

Sub-Plan States/UT Administration since 1990-91and has been revised the financial year

2008-09.87 Ashram schools provide education with residential facilities in an environment

conducive to learning. The location of new Ashram Schools and the admission policy should

be so decided as to give priority to Schedule Tribe Girls, Children of Primitive Tribal Groups

and migrant Scheduled Tribes. Ashram Schools were found effective as

(i) it was not feasible to open full fledged schools in very small and scattered habitations
86
http://tribal.nic.in/WriteReadData/userfiles/file/File844.pdf p.2 visited on 11/09/2014
87
http://tribal.nic.in/Content/EstablishmentofAshramSchoolsinTribalSubPlanAreas.aspx visited on 11/09/2014

1
 (ii) it created congenial atmosphere for teaching learning as it is assumed that the tribal

households do not have such an environment and

(iii) It helped to develop the total personality of the child and impart vocational skills to

improve employment opportunities. Ashram schools generally provide admission to

children from habitations at least 6 to 8 Kms away from the school. If children from

nearby villages are admitted, they are not provided with boarding. The curriculum of

Ashram schools includes agriculture and other life skills in addition to general

subjects. At present 862 ashram schools sanction under the scheme of ‘Establishment

of Ashram School in Tribal-sub plan areas. in the various states and Union

Territories88

88
Working of Ashram Schools in tribal's Forty-Fourth Report. Presented to Loksabha on 18/02/2014.laid in
Rajya Sabha on same day.