Right to Education Act - A betrayal

In the backdrop of Karnataka Government's steps to implement Right to Education Act 2009, a series of discussions have been initiated in the state. Though the government has made its commitment to implement it from this academic year, the Karnataka Right to Education rules 2010 has not yet been notified. Without rules, how can it be implemented?

The private schools have come to the streets to protest against the provision of 25% seats for the children belonging to backward and vulnerable sections of society in the neighbourhood. Government has fixed the fees of such child as Rs.11750. Each private school will be given the amount for admission of each child. However, private schools are up in arms against the Act. Organisations like Dalit Sangharsh Samiti (DSS) have started campaigning for implementation of the Act. There are some groups which have raised speculations and reservations about the Act.

My principal opposition is that the Act has not complied with the provisions of Convention of the Rights of the Child (CRC),1989, to which India is one of the signatories. When a new legislation is made, such compliance has to be adhered to. However, the Act has not recognised any provisions of the UNCRC. As per CRC provisions, a child is a person below 18 years. RTE Act has covered only children in the age group of 6-14 years. In fact, its derivation is from Article 45 of the Constitution where it was mentioned as 'free and compulsory education for all the children below 14 years'. However, when the law was made, the coverage of children has further been cut short, and thereby children who are in need of early childhood care and education were left out. By non complying to the CRC provisions, adolescent group also has been left out from the purview of RTEA. 

Early childhood care, known as anganwadi education, is the base and preparation of primary education. It is known as fundamental course of a child. During this period, the child gets exposed to a different world of learning, new sounds, shapes and colors. The aptitude for education is formulated in this stage. Unless properly guided at this stage, the child may not be able to land up in primary school. Parents of the child also needs guidance and counseling at this stage. Anganwadi education encompasses not only the child, but the whole family as well for its coverage in terms of nutrition, health, education, adolescent health etc. Anganwadi education should be considered to be part of elemetary education. However, RTE Act has left it out.

Similarly, the age group of 15-18 years is out of the Act's purview. A child would be completing his elementary education in 8th standard at the age of 14 years. The minimum qualification for a job nowadays is SSLC or Plus two. In such situation, what would be the use of this Act for a child who belong to OBC, Muslim, Tribal or Dalit? This Act will obviously create large number of school drop outs in the 8th standard. Massive enrollment for first standard and massive drop out in 8th standard!! 

Another problem with this Act is the non-compliance with the most progressive children's Act implemented in the country. The Juvenile Justice (Care and Protection) Act 2000 has not been mentioned anywhere in the Act though JJA is linked with all children below 18 years. The special judicial bodies under JJA such as Juvenile Justice Board and Child Welfare Committee have been in place in every district in the country. JJA deals with corporal punishment under Section 23: cruelty against child. However, the law makers seem to be unaware of JJA. Really it is very unfortunate! Several cases of school children have already been reported to CWCs. Hence, in future too, plenty of cases will be reported to CWC or JJB. Without recognising the existence of these children's courts, RTE Act has been made in heaven.

State Commission for Protection of Child Rights (SCPCR) has been  entrusted with monitoring of implementation and made appellate authority in the state. In Karnataka, when KCPCR still reels under so many problems including lack of status, insufficient staff and infrastructure thanks to the apathy of the government, how can it take care of this new responsibility? Local Authority as per the Act is the BEO. This would definitely pave a way to the BEO to take advantage of the situations, in a larger way than earlier.

There are lot of confusions and vested interests in RTE Act. It has been made in hurry, definitely not in the best interests of the children of this country. It seems to showcase to the international community that we have an Act to ensure universal primary education as promised in the constitution and commitment made in UNCRC. 

The children of this country are betrayed further!