FUNDAMENTAL RIGHT TO EDUCATION
ELEMENTARY EDUCATION : THE RIGHT 
OF EVERY CHILD
 

In its endeavour to build a just and humane society, the Indian government has resolved to make the right to elementary education a fundamental right and to enforce it through suitable statutory measures.

The resolve is expected to help remove obstacles in achieving UEE. It has several positive aspects:

* The Constitutional enactment for the right to education would demonstrate the necessary political will and administrative resolve of the country to achieve UEE and eradication of illiteracy.

* The legislation would spur the governmental and non- governmental sectors to take necessary measures to provide universal access to elementary education and to ensure universal retention and achievement.

* The provision for making elementary education a fundamental right would create the required pressure on the central and state governments to focus on the special needs of the undeserved and unserved population and regions.

* The government's commitment to provide 6 % of GDP for education and to earmark 50 % for primary education should provide the requisite financial back up and support to the constitutional enactment.

* Revitalisation of Panchayati Raj Institutions (PRIs), in the wake of the 73rd constitutional amendment, provides an opportunity to bring about effective devolution and decentralisation of authority for planning and management of elementary education to give effect to the constitutional enactment.

* The proposal is expected to have a positive impact on eradication of child labour.

* The spread of elementary education would have a good impact on other social indicators like population growth, health and women's development, as well as enhancement of productivity of the economy and reduction in unemployment.

The extent to which the proposed right will bear fruit will depend on the ability of the state governments to finance education, and the resources raised through the Finance and Planning Commissions; the priority accorded to competing demands in the social sector; as well as expenditure of the household sector on education. On the other hand, it is realised that legislation in relation to compulsory education should ensure that penalties against parents ought only to serve as a deterrent and should be enforced as a last resort and that too in a compassionate and humane manner.

Free and Compulsory Education

State governments have abolished tuition fees in government schools till the upper primary level. Education in schools run by local bodies and private aided institutions

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Constitutional Framework

Article 45 of the Constitution of India directs that the Sate shall endeavour to provide within a period of 10 years from the commencement of the Constitution, free and compulsory education for all children until they complete the age of 14 years.

The government has now resolved to translate this directive into a fundamental right of every child between 6 to 14 years of age. This would give a further fillip to the nation's efforts to achieve UEE.

are also mostly free. However, unaided institutions of elementary education do charge tuition and other fees. Other costs of education such as textbooks, stationery, uniforms, school bags and transportation are generally met by parents. State governments provide text books and uniforms, as incentives for children from Scheduled Castes/ Scheduled Tribes (SC/ST) and girls at the primary level.

The Compulsory Education legislation have been enacted in 14 states and 4 union territories. These have remained unenforced due to various socioeconomic and cultural factors as well as administrative and financial constraints.

The Government of India has not enacted any legislation in this regard so far, as it holds the opinion that the compulsion contemplated in Article 45 of the Constitution is on the state rather than on the parents and children. It has, therefore, been advocating a consensual approach to motivate parents and children. The key elements of this approach have been:

* Community involvement.

* Decentralisation of planning and management of school education to PRIs.

* Motivation of children to attend schools regularly.

* Improvement -of infrastructure and facilities in. schools.

* Development of locally relevant curricula.

* Improvement in quality of textbooks.

* Teacher training.

* Child centred learning.

* Adoption of minimum levels of learning.

The government would continue to strengthen the consensual approach and social mobilisation for UEE. The constitutional enactment is expected to provide further momentum to the nation's efforts to achieve UEE at a faster pace.

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