NHRC Chairperson calls for political will to enforce Right to Education

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New Delhi September 11, 2008The NHRC Chairperson, Justice Shri S. Rajendra Babu has said that unless there was political will, adequate resources, appropriately functioning institutions and well trained personnel, the best policy and legislation with regard to Right to Education would be of little or of no significance.In his inaugural address at a national level seminar on "Right to Education", he referred to the 86th amendment to the constitution which provided that the State should endeavour to provide early childhood care and education for all children until they complete the age of six years and added a Fundamental duty 51 -A(k) that it shall be the duty of a parent to provide opportunity for education for his child between the age of six and fourteen years. Justice Babu said that the effect of these amendments was to take away the effect of judicial dicta for compulsory free education for all children below 14 years and in the garb of giving a right, the same was subject to legislation. He said all legislations were subject to Constitution but now the right was subject to law. He expressed his agony on the policy on education.The Chairperson stressed that when Right to Education was accepted, the standard of education imparted to all must be the same. He said that there must be certain minimum standard. Further, he pointed out that there cannot be different standard in urban elite schools and urban schools in which poor children studied. Similarly, there cannot be one standard for the urban and another for the rural children.Justice Babu said that though more than 90 per cent of the population had access to primary schools located within a kilometre of their residence yet the conditions of these schools were deplorable and not conducive for learning. He elaborated on the shortage of rooms, teachers unhygienic surroundings with lack of sanitation facilities for girls; substandard quality of teaching; high student-teacher ratio; indiscipline among teachers themselves etc, leading to low enrolment and high drop-out rates. The Chairperson cautioned that the most devastating impact of our dismal educational system was that we are condemning ourselves to a future of exceedingly low economic development. If there was one thing that growth and developmental economists had learnt, it was that the education was the most important factor in economic growth. Education has more impact on economic growth than natural resources, foreign investment, exports, and imports, whatever, he added.Justice Babu called for special interventions to ensure greater access to education of deprived categories. He also said that education should be as per the need of the child and should be something near to his/her heart. The Chairperson said that our existing education system should treat the child as a whole and the child should be guided in right direction for his development.He stressed the need to have educated and enlightened citizens in order to be entitled to global recognition as civilized, democratic and a developed constituent unit of global society. In his address, Shri A.K. Jain Secretary General, NHRC, referred to the Constitutional amendment and said despite the amendment the Right to Education is yet to be enforced. He said that education was a primary vehicle for empowering people and quality education along with quality teachers was the need of the hour. Shri. A.K. Rath, Secretary, Ministry of Human Resource and Development, in his address talked about the initiatives taken by the Government to fill the gaps so as to provide quality education. He referred to Sarva Siksha Abhiyan, mid day meals scheme, reduced drop -outs rates, access and equity and the millennium development goals.Prof. Ms Shantha Sinha, Chairperson, National Commission for Protection of Child Rights in her address referred to some of the instances which came to the notice of her Commission where despite abject poverty and starvation, the parents were ready to send there children to private schools. She referred to the barriers like less number of teachers, over-crowding, schools being far away from houses, absence of toilets in the schools, lack of book shops in the vicinity etc, which were to be overcome. Ms. Sinha talked about some of the child friendly schools, which were open for admissions throughout the year, and asked for replication of such system. She stressed the need to address to the problems of the children in the age group of 15 to 18, who do not fall in the category of free education for children upto the age of 14. Ms. Sinha pointed out that this was the most vulnerable age, which needs more attention. She called for institutionalized flexibility for the first generation learners. She highlighted wherever there was absence of education there was all possibility that children would be trafficked, may become victims of drug/substance abuse, may become street children or even in certain situations join armed conflicts as they live a life of deficit citizenship. Ms. Shantha Sinha pointed out that education should not be treated as an expenditure but as an investment.The two day long deliberations will cover a number of topics like Education as a Fundamental Right: Legal Perspective & the 86th Constitutional Amendment Act, 2002 - Have we diluted our Commitment to Right to Education?; Discourse on Draft Document on Free and Compulsory Education Bill- Is it a step forward to rights perspective?; Education in Operative Framework - Programmes & policies; Access to Primary Education and Quality thereof especially in remote and backward areas - Right to Equality in Quality Education; Challenges ensuring Right to Education & Vulnerable groups. The Seminar is being attended by eminent persons from the field of education and law, besides NGOs. (Please see the full text of Chairperson's Speech in Index of our website, nhrc.nic.in) source: http://nhrc.nic.in/