SCHOOL EDUCATION IN INDIA

CENTRE FOR CIVIL SOCIETY

I: Background

INDIAINDIASome Basic Facts

• Area:

• Population (2001):

• Literacy (2001):

3.2 million sq kms

1.03 billion (16% of world’s population).

64.8 percent

Male : 75.03

Female : 53.07

FORM OF GOVERNMENT

Constitutional Democratic Republic Free and fair elections at regular intervals for

Central and State legislatures and local bodies

Constitutionally guaranteed Fundamental Rights, including Freedom of the Press

Central and State Governments have Constitutionally defined jurisdictions

Education, a Concurrent responsibility

STATES & LANGUAGES

Administrative Setup— Union of 28 States

and 7 Union Territories

Districts 600 Rural Habitations 1.23 million Constitutionally

recognised languages 22

DIVERSITY OF CANVAS

Vast developmental disparities between States and within States

Kerala close to China and Sri Lanka in developmental indices; Bihar, UP closer to Nepal and Bhutan

In general, southern and western States better developed

Efficient implementation of educational plans related to status of development

CHALLENGES IN EDUCATION

According to latest estimates, some 3.5 million elementary school children still not in school

Wide disparities in the educational status of different regions

Out of school children are from socially marginalised groups, especially girls, working children, children of very poor families, and children in difficult circumstances

Drop out rates at elementary level as high as 51 percent; rising to 62 percent at secondary level

47 percent children in Class 5 are unable to read a Class 2 text

II: The Policy Framework

POLICY FRAMEWORK

Constitution of India: Directive Principles National Policy on Education (1986), as revised in

1992 73rd and 74th Constitutional Amendments (1992)

transferring subjects, including education, to rural and urban local bodies

86th Constitutional Amendment (2002) making free and compulsory elementary education a Fundamental Right

Greater focus on EFA, post Jomtien, resulting in higher allocation of resources

EFA National Plan of Action drawn up in 2003

III: Judicial and Other Developments

THE FIRST SIGNIFICANT JUDICIAL INTERVENTION

Mohini Jain vs State of Karnataka, SC, 1992

Right to education concomitant to Fundamental Rights

Every citizen has a right to education under the Constitution

The act of recognition of private institutions in itself creates an instrument of State that can be used to deliver the obligations of the State

THE SECOND SIGNIFICANT JUDICIAL INTERVENTION

J P Unnikrishnan vs State of Andhra Pradesh, SC 1993 Reviewed the decisions in Mohini Jain vs

State of Karnataka

Held that the right to education is implicit and flows from the right to life guaranteed under Art 21

Every child has a right to free education until he completes the age of 14 years; thereafter his right is circumscribed by the economic capacity of the State

THE 1990S

A period of liberalisation and globalisation

Adoption of New Economic Policy

Borrowing from IMF and World Bank coupled with a Structural Adjustment Programme

Implicit withdrawal from the social sector, with a greater role for private entities

International compulsions

EFA, Jomtien 1990

Ratification of UN CRC, 1992

Obligation to report on progress from time to time

Acceptance, for the first time ever, of external assistance in education for DPEP and others

CIVIL SOCIETY ORGANISATIONS

Number of very active NGOs around this time Pratham

MV Foundation

Global Campaign for Education (international)

NAFRE

Private sector initiatives (CSR related) Ambani-Birla Report on Education Reform

Elementary education must entirely be a State responsibility

Other Public Interest Litigations 165th report of the Law Commission

IV: Programmes and Initiatives

INDIAN AGENCIES IN EDUCATION

ECCE & Gender Equality – Ministry of Women &

Child Development

Elementary Education Dept of School

Education

Adult Education & Literacy

Youth and Adolescents – Ministry of Sports & Youth Affairs

SCHOOL INITIATIVES: ECCE

Main vehicle Integrated Child Development Services Scheme (ICDS), covering 54 million children in the 0-6 year age group

Provides a mix of 6 services: supplementary nutrition, immunisation, health check up, referral services, pre school education and nutrition and health education

USD 2 billion allocated in Budget 2009-10

SCHOOL INITIATIVES: DPEP

Preceded by the Bihar Education Project (UNICEF), Lok Jumbish (SIDA), Shiksha Karmi Project (SIDA), UP Basic Education Project

Launched in 1994 to universalise access and retention, to improve learning achievements and to reduce social gaps

District-based, with a focus on community involvement, combined with institutional capacity improvement

At its peak, in 273 districts in 18 States Among other achievements (infrastructure, etc),

succeeded in raising awareness about the importance of education

SCHOOL INITIATIVES: SSA

Sarva Shiksha Abhiyan (SSA), national flagship programme for UEE, launched in 2001

Covers 210 million children, 1 million schools and nearly 4 million teachers

Annual expenditure on the programme approximately USD 3.5 billion; overall expenditure on elementary education USD 25 billion

180,000 new school buildings, 700,000 additional classrooms, 230,000 new toilets and 170,000 drinking water facilities provided so far

SSA GOALS

All children in school by 2005

Bridging gender and social gaps:

Primary 2007

Elementary 2010

Universal retention by 2010

Focus on satisfactory quality with emphasis on education for life

SCHOOL INITIATIVES: MDM

Launched in 1995 to provide a meal to all primary school children

World’s largest school feeding programme, covering 112 million children in 950,000 schools

Has resulted in improving retention, reducing drop out rates and improving nutritional status of children

2009-10 budget outlay USD 2 billion

SCHOOL INITIATIVES: SECONDARY EDUCATION

93 million children estimated to be in the 14-18 year age group

Only 33 million enrolled in secondary institutions

Two thirds out of school

Current spending on secondary education USD 1 billion per annum

Madhyamik Shiksha Abhiyan, a programme for universalising access to secondary education launched in 2008

PROGRAMMES FOR GIRLS

Special schemes targeted at girls, apart from focus on girls in general schemes Kasturba Gandhi Ballika Vidyalaya (KGBV) National Programme for the Education of Girls at the

Elementary Level (NPEGEL) Mahila Samakhya

Removal of gender (and other) disparities at the primary levels (I-V) by 2007, and elementary (I-VIII) level by 2010

Comprehensive plan for adolescents, especially girls, in the Tenth Five Year Plan

According to UNESCO’s Global Monitoring Report 2006, India achieved gender parity at elementary level in 2005

YOUTH AND ADOLESCENTS

Population – approx 230 million (22.8% of total) Development of this group falls under the purview of several Ministries Comprehensive National Youth Policy adopted in 2003 Life skill education among adolescents supported by WHO and UNFPA,

especially for girls Approximately 8 million rural youth covered through Nehru Yuva Kendra

Sangathan (NYKS) for social development, including the Red Ribbon Express Initiative for HIV/AIDS awareness

National Service Scheme also targets youth in colleges and schools for constructive social programmes

National Institute of Open Schooling (NIOS) provides opportunities of Distance Education to those who are unable to continue with formal education

ADULT EDUCATION

National Literacy Mission to provide functional literacy to all adults To achieve sustainable threshold literacy (75%) by 2007 597 districts covered under AE programmes; 485 under PLP and 328

under CE Recently recast as Saakshar Bharat to focus on adults above 15

years, with a special focus on female literacy Vocational education and skill development through 157 Jan

Shikshan Sansthans Absolute number of illiterates declined by 25 million between 1991-

2001 Gender gap reduced from 24.9% in 1991 to 21.6% in 2001

NEW INITIATIVES

Education Cess @ 2% imposed on all Central taxes to augment resources for EFA

Estimated yield in 2009-10: US $ 4 billion

Increased to 3% with effect from 2006 to provide for secondary education

Legislation detailing elementary education as a Fundamental Right recently notified

ICDS universalised to cover all habitations

Mid-day Meal scheme expanded to cover upper primary classes

Scheme for universal access to secondary education being launched

V: The Right to Education

THE INDIAN CONSTITUTION

Superior or supreme law of the land, reflecting the relationship of the State with its citizens

Includes Fundamental Rights and Directive Principles of State Policy

Fundamental Rights are enforceable, justiciable Directive Principles non-binding, but meant to

guide the State Together known as the “conscience of the

Constitution” (K C Wheare, Modern Constitutions)

WHY A RIGHT TO EDUCATION?

Right to Education linked to a fundamental debate at the time of writing the Constitution

Related to governance itself, whether to include universal adult franchise or not Opponents argued that providing a right to vote to all, when

most were illiterate, would negate democracy

Art 45 introduced as a compromise “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” (emphasis added)

Only Directive Principle with a time frame, indicating that our leaders were not prepared to give more than ten years to establish democracy on the bedrock of universal education

HOWEVER…

The time frame of ten years was never respected

Government and the bureaucracy concluded that adequate financial resources were not available

Number of illiterates in the country rose from 294.2 million in 1951, to 325.5 million in 1961

THE CONSTITUTION (86TH AMENDMENT) ACT, 2002

Adds a new Fundamental Right (“Right to Education”) by inserting Article 21A:“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.”

Changes Article 45 (in the Directive Principles) to:“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

Adds the following (eleventh) Fundamental Duty in Article 51A:(It shall be the duty of every citizen of India…)

“(k) 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 and fourteen years.”

BASIC CONCEPTS

“Compulsory Education” defined as the obligation of the State to take all necessary steps to ensure that every child participates in, and completes Elementary Education

“Free Education” defined as freedom from liability to (i) pay any fee to the school, and (ii) incur such other prescribed expenses as may be likely to prevent the child from participating in and completing Elementary Education

CHILD’S RIGHT TO EDUCATION

Spelt out as “right to free and compulsory education of equitable quality” – in turn, elaborated as the right to participate in full-time free and compulsory elementary education in a neighbourhood school, which fulfils prescribed norms regarding infrastructure, staffing,curriculum, etc

Suitable provisions for non-enrolled children to enable them to join age appropriate grades

RESPONSIBILITIES OF THE STATE

Responsibilities at various levels (Centre, State, local authority) spelt out

State to make available a neighbourhood school, which fulfils prescribed norms, for every child within three years

Regular monitoring and taking all necessary steps including removal of all barriers (social, economic, academic, physical, etc), so that every child completes Elementary Education

Thank you

Questions/comments:amit.kaushik@pratham.org