RIGHT TO EDUCATION ACT; TOWARDS A SILENT SOCIAL REVOLUTION

GIVE A CHANCE ; HE CAN DO WONDERS TOO

The Parliament passed the historic Bill called The Right of Children to Free and Compulsory Education Bill, 2008. The Bill (no- LXV of 2008) which was originally introduced in upper House on December 15, 2008 and was sent to the standing committee on Human Resource development headed by Janardan Dwidi. The committee submitted its reports and recommendations within three month and the Upper House passed this Bill on 20^th July, 2009 and subsequently it was sent to Lok Sabha for passage of the same.

This Bill is fragmented into 37 sections which are categorized into seven chapters and one schedule.

The 86th Constitution Amendment Act, 2000 passed by the Parliament which amended Article 21A of the Constitution had necessitated enactment of such law because the said amendment had made obligatory on the part of the government to provide free and compulsory elementary education to children.

The Bill is likely to get President’s assent within a couple of weeks from now and will become a law. It is a historic legislation because the objectives and duties of the state as enshrined in the Directives of State Policy in the Constitution are going to be fulfilled through this law.

This law seeks to provide free and compulsory elementary education to children from 6 to 14 years of age by the government. No child shall be expelled and required to pass board examination until the elementary education level.

The objectives and preamble of the law as stated in the Bill is that ‘crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our republic.’

Tasks Ahead- merely passing of the law is not going to fulfill the desired goal. Now huge responsibility has been bestowed upon the central as well state government to create infrastructure and open new schools in large numbers especially in rural areas to meet the demand because the number of elementary schools in rural areas are hopelessly very less. The law has bestowed responsibilities on the local authorities for establishment of elementary schools in every neighborhood so that every child gets admitted in the school near by. This Act however has not provided any penalty for either the state government or central government or for that matter, local authority, if they fail to admit the child as required under the law.

It has however; made provisions for the private and aided schools to take at least 25% admissions of the poor children but again no penal provision has been made if this provision is violated by these private schools. Keeping in view the tract record of private schools in India, this philanthropy is not expected to be fulfilled if their screws are not tightened. It is hoped that amendments shall be brought in future based on experience in due course of time. There is not denying the fact that if this law is translated into reality with letters and spirit, will bring about a silent but big revolution in socio-politico tapestry of the Nation