VSK TN
‘RTE judgement: Minority schools wont teach minority
poor’ writes Ram Madhav
poor’ writes Ram Madhav
(By Ram Madhav, RSS Akhila Bharatiya Saha Sampark Pramukh
Every child in
India should have a fundamental right to basic education. With this laudable
aim the 86th Amendment of the Constitution was introduced by adding
Section A to Article 21 in our Constitution in 2002 during the NDA regime. The
idea was mooted originally by Dr. Murli Manohar Joshi, the NDA HRD Minister.
India should have a fundamental right to basic education. With this laudable
aim the 86th Amendment of the Constitution was introduced by adding
Section A to Article 21 in our Constitution in 2002 during the NDA regime. The
idea was mooted originally by Dr. Murli Manohar Joshi, the NDA HRD Minister.
Although the
Amendment was introduced in 2002 the NDA government went down subsequently and
it took almost 5 years for the UPA government to bring a legislation in line
with Art 21 A and make the right of children to free and compulsory education a
reality. Thus in 2009 came the new act – “Right of Children to Free and
Compulsory Education Act – 2009” (RTE Act in brief).
Amendment was introduced in 2002 the NDA government went down subsequently and
it took almost 5 years for the UPA government to bring a legislation in line
with Art 21 A and make the right of children to free and compulsory education a
reality. Thus in 2009 came the new act – “Right of Children to Free and
Compulsory Education Act – 2009” (RTE Act in brief).
It is a known
fact in our country that there is a huge disparity when it comes to educational
opportunities for the children of the poor, the middle class and the rich.
While the rich and even the middle class have ample options to choose in the
form of public schools, residential schools, convents etc the children of the
poor and low-income families have little choice in the education of their
child. The dysfunctional government school system or some charities are their
only refuge.
fact in our country that there is a huge disparity when it comes to educational
opportunities for the children of the poor, the middle class and the rich.
While the rich and even the middle class have ample options to choose in the
form of public schools, residential schools, convents etc the children of the
poor and low-income families have little choice in the education of their
child. The dysfunctional government school system or some charities are their
only refuge.
Over the decades
very little success has been achieved in improving our government-sponsored
school system. Conditions in government schools remain pathetic despite
grandiose plans and infusion of huge funds. While the world of basic education,
along with that of secondary and higher education, is undergoing tremendous
transformation with newer methods and tools being introduced the government
schools lack even the basic amenities like good teachers, electricity, buildings
etc. Teaching tools like computers are a distant dream.
very little success has been achieved in improving our government-sponsored
school system. Conditions in government schools remain pathetic despite
grandiose plans and infusion of huge funds. While the world of basic education,
along with that of secondary and higher education, is undergoing tremendous
transformation with newer methods and tools being introduced the government
schools lack even the basic amenities like good teachers, electricity, buildings
etc. Teaching tools like computers are a distant dream.
No wonder the
literacy rates in our country remains hovering around 73-74% even according to
the 2011 census figures. 26% illiterates means there are almost 300 million
illiterates in our country. That makes India the land of world’s largest
illiterate population.
literacy rates in our country remains hovering around 73-74% even according to
the 2011 census figures. 26% illiterates means there are almost 300 million
illiterates in our country. That makes India the land of world’s largest
illiterate population.
In that context
RTE Act is a commendable initiative. It is also commendable that the Act
envisaged a role for private educational institutions also in delivering this
social responsibility of making every Indian child literate. Under the Act all
educational institutions providing primary education – public and private,
aided and unaided alike – have been obligated to reserve 25% seats for the
children of the poor and underprivileged. And every child in the age group of 6
to 14 is extended a right to free primary education.
RTE Act is a commendable initiative. It is also commendable that the Act
envisaged a role for private educational institutions also in delivering this
social responsibility of making every Indian child literate. Under the Act all
educational institutions providing primary education – public and private,
aided and unaided alike – have been obligated to reserve 25% seats for the
children of the poor and underprivileged. And every child in the age group of 6
to 14 is extended a right to free primary education.
No doubt there
will certain difficulties with regard to implementation of this noble scheme. I
am reminded of a scheme introduced in Andhra Pradesh in the 80s by the then Chief
Minister Mr. N.T. Rama Rao. Under that scheme all hotels in the state have been
ordered to sell eatables at the rates prescribed by the government. The idea
was to make food available for poor people at affordable prices. Price and
quantity of each item was prescribed by the government – a couple of idlis with
given weight should be sold for Rs. 2. Initially everybody was happy about the
affordability. But soon the hoteliers came up with a novel scheme. They
announced two sets of menus in the same hotel – one for the government products
and the other for the normal products. In a way it led to a class division in
the same hotel.
will certain difficulties with regard to implementation of this noble scheme. I
am reminded of a scheme introduced in Andhra Pradesh in the 80s by the then Chief
Minister Mr. N.T. Rama Rao. Under that scheme all hotels in the state have been
ordered to sell eatables at the rates prescribed by the government. The idea
was to make food available for poor people at affordable prices. Price and
quantity of each item was prescribed by the government – a couple of idlis with
given weight should be sold for Rs. 2. Initially everybody was happy about the
affordability. But soon the hoteliers came up with a novel scheme. They
announced two sets of menus in the same hotel – one for the government products
and the other for the normal products. In a way it led to a class division in
the same hotel.
The new
education scheme too is fraught with such implementation related hiccups. If
the children of the poor and the rich go to same school how will they mingle?
Will it end class divisions in our society at the child level or it will lead
to introduction of class divisions in classrooms itself? Right from the uniform
they wear to food they carry to stationary they use how would the children of
the poor and the rich mingle with each other well is a question to be addressed
when the time comes. In any case every effort for social transformation is
fraught with some such minor hiccups and I am sure that sooner than later the
situation will change and we would be able to create a more egalitarian
atmosphere in the society by imparting those values at the primary education
level itself.
education scheme too is fraught with such implementation related hiccups. If
the children of the poor and the rich go to same school how will they mingle?
Will it end class divisions in our society at the child level or it will lead
to introduction of class divisions in classrooms itself? Right from the uniform
they wear to food they carry to stationary they use how would the children of
the poor and the rich mingle with each other well is a question to be addressed
when the time comes. In any case every effort for social transformation is
fraught with some such minor hiccups and I am sure that sooner than later the
situation will change and we would be able to create a more egalitarian
atmosphere in the society by imparting those values at the primary education
level itself.
But no one can
deny that the private educational institutions too have a responsibility in
educating the poor of the country. It is unfortunate that these institutions,
for various reasons, decided to oppose the RTE Act. Not all wanted to shirk
their social responsibility; many have other concerns like government’s
unwarranted interference in their functioning through this Act etc.
deny that the private educational institutions too have a responsibility in
educating the poor of the country. It is unfortunate that these institutions,
for various reasons, decided to oppose the RTE Act. Not all wanted to shirk
their social responsibility; many have other concerns like government’s
unwarranted interference in their functioning through this Act etc.
It is heartening
that the Supreme Court through a 3-Judge Constitutional Bench upheld the RTE
Act and mandated that all the institutions – public and private, aided and
unaided alike – must provide 25% seats for the children of the SC & ST and
other underprivileged sections of the society. The Court also mandated that the
RTE Act should come into being in this academic year itself. That means the
state governments have to urgently frame the rules for the implementation of this
Act.
that the Supreme Court through a 3-Judge Constitutional Bench upheld the RTE
Act and mandated that all the institutions – public and private, aided and
unaided alike – must provide 25% seats for the children of the SC & ST and
other underprivileged sections of the society. The Court also mandated that the
RTE Act should come into being in this academic year itself. That means the
state governments have to urgently frame the rules for the implementation of this
Act.
However the SC
judgment disappoints on one count. While the Central Government wanted all
educational institutions to share this responsibility of educating our children
the Supreme Court exempts the unaided Minority institutions from that social
obligation. One of the three learned judges held that all the private
institutions must be excluded from the RTE Act purview. However the majority of
the Bench differed and said that only the unaided Minority institutions will be
excluded and they need not provide 25% for poor children. The learned judges
arrived at that conclusion on a very technical and hence contestable ground
that such a provision will change the ‘basic character’ of the institution. The
Supreme Court is expected to go beyond technicalities take the spirit of the
Constitution into account.
judgment disappoints on one count. While the Central Government wanted all
educational institutions to share this responsibility of educating our children
the Supreme Court exempts the unaided Minority institutions from that social
obligation. One of the three learned judges held that all the private
institutions must be excluded from the RTE Act purview. However the majority of
the Bench differed and said that only the unaided Minority institutions will be
excluded and they need not provide 25% for poor children. The learned judges
arrived at that conclusion on a very technical and hence contestable ground
that such a provision will change the ‘basic character’ of the institution. The
Supreme Court is expected to go beyond technicalities take the spirit of the
Constitution into account.
Even this
premise that the ‘basic character’ of the minority institutions will change if
they implement the RTE Act is debatable because the character of the minority
institution is derived from the management – which according to law should have
majority members from minority community – and not from the children who study
there. In fact a large number of minority institutions have students from
non-minority communities in majority.
premise that the ‘basic character’ of the minority institutions will change if
they implement the RTE Act is debatable because the character of the minority
institution is derived from the management – which according to law should have
majority members from minority community – and not from the children who study
there. In fact a large number of minority institutions have students from
non-minority communities in majority.
The learned
judges of the Supreme Court have fallen back on the usual argument that Art 29
and 30 of our Constitution provide certain immunity to minority institutions.
Art 29 and 30 have been incorporated in our Constitution as ‘educational and
cultural rights of the minorities’. And the RTE Act also wants to uphold the
right of children to education. Then how can it be pitted against those
articles? At the most the Court should have said that the unaided minority
institutions should provide 25% seats to the poor and underprivileged among the
minorities. To exempt them from this social responsibility completely under the
garb of Art 29 & 30 is an incorrect decision that needs to be challenged at
an appropriate forum.
judges of the Supreme Court have fallen back on the usual argument that Art 29
and 30 of our Constitution provide certain immunity to minority institutions.
Art 29 and 30 have been incorporated in our Constitution as ‘educational and
cultural rights of the minorities’. And the RTE Act also wants to uphold the
right of children to education. Then how can it be pitted against those
articles? At the most the Court should have said that the unaided minority
institutions should provide 25% seats to the poor and underprivileged among the
minorities. To exempt them from this social responsibility completely under the
garb of Art 29 & 30 is an incorrect decision that needs to be challenged at
an appropriate forum.
This also brings
up the insensitivity and irresponsibility of the minority institutions to the
fore. They vociferously opposed the RTE Act in the Supreme Court and unlike the
other private institutions, succeeded in convincing the Court to exclude them.
It doesn’t need great wisdom to state that the minority communities in India
have a good number of poor and underprivileged people as members. In fact on
many occasions the minority community leaders argue before the same Supreme
Court for various rights like SC reservations etc in the name of the poor among
their flock. It shows their utter disregard for the poor in their communities
that when it comes to providing free education to the children of their own
poor they shrug off their responsibility. It shows the minority leadership in
true colours. For them only the numbers matter but not the social conditions
within their community.
up the insensitivity and irresponsibility of the minority institutions to the
fore. They vociferously opposed the RTE Act in the Supreme Court and unlike the
other private institutions, succeeded in convincing the Court to exclude them.
It doesn’t need great wisdom to state that the minority communities in India
have a good number of poor and underprivileged people as members. In fact on
many occasions the minority community leaders argue before the same Supreme
Court for various rights like SC reservations etc in the name of the poor among
their flock. It shows their utter disregard for the poor in their communities
that when it comes to providing free education to the children of their own
poor they shrug off their responsibility. It shows the minority leadership in
true colours. For them only the numbers matter but not the social conditions
within their community.
It is a sad
commentary that the Supreme Court lets them off the hook when it comes to
providing basic education to the poor and underprivileged children of their
communities. It is well-known that many of the most expensive schools in our
country are minority-run schools. It is also well-known that they provide
education not to the pupils of their community but those of the rich families
of the majority who can afford the astronomical fee.
commentary that the Supreme Court lets them off the hook when it comes to
providing basic education to the poor and underprivileged children of their
communities. It is well-known that many of the most expensive schools in our
country are minority-run schools. It is also well-known that they provide
education not to the pupils of their community but those of the rich families
of the majority who can afford the astronomical fee.
The SC order
states that they can happily continue to do so while the responsibility of the
poor and underprivileged among the minority community will be borne by the
schools run by the non-minority. They should do that without any prejudice
because that is the ethos of the country. But let the poor and underprivileged
among the minorities understand that when it comes to uplifting them the
so-called minority leaders show no sympathy or sense of responsibility. At
least that is one of the major meanings of the SC order on the RTE Act.
states that they can happily continue to do so while the responsibility of the
poor and underprivileged among the minority community will be borne by the
schools run by the non-minority. They should do that without any prejudice
because that is the ethos of the country. But let the poor and underprivileged
among the minorities understand that when it comes to uplifting them the
so-called minority leaders show no sympathy or sense of responsibility. At
least that is one of the major meanings of the SC order on the RTE Act.