Every community has the constitutional right to either have their children admitted to religious institutions for teaching them religion or send them to other institutions for learning modern education. Does RTE which makes it necessary for children to attain certain type of education in a certain “school”, snatch this right?
Former minister and working president of Janata Dal Secular PGR Sindhiya has demanded from the Karnataka state government to explain how it is implementing the 86th amendment of the Indian Constitution. The amendment known as “Children's Right to Free and Compulsory Education Act” makes free and compulsory elementary education—from 1st class to standard 8th—a fundamental right of every child from the age of 6 to 14. It was implemented by the centre from April 1st, 2010.
The expenses in the process of providing education will be jointly borne by the centre and the respective state government, according to the law. The responsibility to determine the manner to implement this law, however, rests on the state government.
The determination of the center to provide education to every child is laudable. It is unfortunate that the importance of education was not thought of earlier. It is sad truth that for years India has been dreaming to become one of the largest economies of the world while it could not do something concrete to eliminate illiteracy. Since basic education was considered non-productive, not much attention was given to it compared to higher education.
Mr. Sindhiya said that the state government should explain its stand towards bringing this law into practice. According to the reports, the Karnataka State Commission for Protection of Child Rights is also gearing up to monitor the implementation of the act with a special allocation from Sarva Shiksha Abhiyan. In Karnataka state there are nearly 50,000 lower primary and higher primary schools.
The determination of the center to provide education to every child is laudable. It is unfortunate that the importance of education was not thought of earlier. It is sad truth that for years India has been dreaming to become one of the largest economies of the world while it could not do something concrete to eliminate illiteracy. Since basic education was considered non-productive, not much attention was given to it compared to higher education.
Many of the recommendations of the educational commissions formed in the post-independence time have been put in cold store. There needs to take solid practical step to achieve the target of a literate India. Until now we have failed to understand the need of education. Instead of resorting to legal aspects, in this regard, creating awareness could prove to be a better alternative.
Now “elementary education” has been made a constitutional right and to have every child educated in school is a duty upon the parents. Voices have been raised over the definition of “education” and the specification of places imparting that education. Unfortunately, only education promising jobs are thought to be education. Education that teaches morality and religion, in the eyes of the government, does not find any place in the limited definition of education.
Now “elementary education” has been made a constitutional right and to have every child educated in school is a duty upon the parents. Voices have been raised over the definition of “education” and the specification of places imparting that education. Unfortunately, only education promising jobs are thought to be education. Education that teaches morality and religion, in the eyes of the government, does not find any place in the limited definition of education.
In the definition of “school”, there is no direct indication that religious institutions that impart free education to large number of children are included. There must have been clear explanation about such institutions, as their contribution towards educations is worth considering and felt by the government. The academic institutions that do not fulfil the criterion of the government for being a “school” will not be allowed to function after a certain period of time. It should be noted that these very institutions have been playing a key role in spreading education throughout the country.
President of Jam’iat-E-Ulama-E-Hind Maulana Arshad Madani expressed apprehension that the act in its present form will “swallow up missionary schools, pathshalas and madaris that exist in large number”. He said that this will mark end of many academic institutions which are busy spreading education.
The way of achieving the target of educating every child, therefore, has been objected. The critics say that some provisions of the RTE Act, needs to be amended.
President of Jam’iat-E-Ulama-E-Hind Maulana Arshad Madani expressed apprehension that the act in its present form will “swallow up missionary schools, pathshalas and madaris that exist in large number”. He said that this will mark end of many academic institutions which are busy spreading education. These institutions are imparting, usually, quality education in their respective fields, and are better administered compared to the government run schools.
According to the Act, for carrying out the provisions of the Right To Education Act, it will be duty of the appropriate Government and the local authority to establish within a certain area or limits of neighbourhood, a school, where it is not so established, within a period of three years from the commencement of this Act. The Central Government and State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act. And the Central government will develop a framework of national curriculum with the help of the academic authority.
It is said that behind the guise of special concentration on the development and betterment of the backward classes the government comes up with hurdles in the way of language and religion. The present shape of the act is considered an indirect attack on religious education. According to the Indian Constitution, every person has right to seek education about their religion and minorities can run their own institutions.
Said Arshad Madani, “Muslims have the option to either have their children admitted to religious institutions for teaching them religion or send them to other institutions for learning modern education.”
If the madaris are not considered a “school” in the eyes of the government and education imparted over is not what the government wants to teach to the citizens, they will have to be closed in whatever circumstances. The same circumstances will have be faced by the institutions run by Churches or muths.
A. Hameed Yousuf
ahameed12@gmail.com
Some Highlights Of The RTE Act
Every child of the age six to fourteen years has a right to free and compulsory education in a neighbouring school till completion of elementary education-from standard one to eight.
Parents or guardians are duty bound to admit or cause to be admitted their children or ward to an elementary education in the neighbourhood school.
School means a recognized school imparting elementary education and includes-
(a) A school established owned or controlled by the appropriate Government or a local authority
(b) An aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority
(c) A school belonging to specified category and
(d) An unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority
Specified category means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character
(Religious minorities fear that their institutions do not fulfil the criterion of being a “school” according the explanation of the “school” given in the Act.)
The Act Also Has
For establishing or running any academic institution, one has to obtain a certificate of recognition fulfilling certain standards. Without doing so if anyone runs school, they will be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.
Any school established before April 1, 2010 which does not fulfil certain norms and standards have to take steps to fulfil the norms and standards at its own expenses within a period of three years. Failing to do so recognition will not be granted.
Any person who continues to run a school without recognition is liable to fine which may extend to one lakh rupees and in case of continuing contravention, to a fine of ten thousand rupees for each day during which such contravention continues.
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