Right to Education - M V Foundation

ABORTING ACT ON RIGHT TO EDUCATION
The passing of the 86th Amendment to the Constitution of India making education a fundamental right in 2002. The constitutional amendment has provided for free and compulsory education of all children in the age group of 6 to 14 years as a fundamental right under article 21A of the Constitution, in such a manner as the State may, by law, determine. It is four years already the State has not found the time to ensure that an Act is passed as mandated by the constitution of India.

As a result, more than 40 million children who were 10-14 years in 2002 and not attending schools have now become old. They can never aspire to be in school as a matter of right. As a consequence, hundreds of thousands of children have become available for the labor market as a source of cheap labor. How many more children must sacrifice their childhood in the altar of the enlightened authority in India to realize their right to education? How many more children must suffer indignity and exploitation going through long continuous hours of work to make our food, clothing and shelter in the country?

Meetings of CABE and subsequent promise of introducing the bill on free and compulsory education triggered a new hope and aspiration last year. However, this draft Bill gathered dust, apparently in the Prime Minister's Office, for more than 10 months, and was not introduced in successive sessions of Parliament. It has now come to light that the Central government has decided to shelve this altogether, and instead has formulated a model Bill which has been sent to all State governments for them to enact law. Further, according to the letter sent by the Secretary for School Education to the State governments, only States which adopt the model Bill in toto will continue to receive 75 per cent funding for the Sarva Shiksha Abhiyan - all others will have the Central allocation cut to 50 per cent! Quite apart from the undemocratic nature of this offer, this reneges on the commitment made in the Constitutional Amendment, since the Central government is now taking no financial responsibility for ensuring the right to education. It is ridiculous to expect cash-strapped State Governments to be able to provide the resources for this. Only the Central government can and must provide the relatively large financial outlays that are required to meet this absolutely essential public commitment.

What can the rationale for such a let down be? On what grounds have the Central government developed cold feet to unabashedly ignore children's right to education. Are not the 250 million children of India that the nation as a whole has to take responsibility for? Do they belong to the States alone and where is the guarantee that the States will not in turn pass the buck to the districts, then the blocks, villages and finally the families and poor parents themselves while framing such an Act?

It is a shame that when the country is boasting of an 8% GDP, and an unprecedented economic growth, that it does not have the commitment to share its resources with its children and their right to go to school. In fact, the first thought for a booming economy, in a democracy ought to be to seize the opportunity to make long-term investments in education. There cannot be further growth and development and sustenance of democracy at the cost of children, their sweat and toil. No country has achieved success based on illiteracy and deprivation of children's rights. Denial of right to education and abdication of States' responsibility for the children is a gross violation of children's rights. It is a reflection of shortsighted, self absorbed and self-centered power structure that governs the nation.

It is only in the liberation of children, and their freedom through education that the citizens in the country can enjoy real democracy. It is only education that can break the intergenerational cycle of poverty and deprivation. It is only through education that the first step towards equity and bridging of disparities can be attained. It is only education that possibilities for new opportunities and making choices begin to emerge. Indeed the Preamble of India's Constitution resolves that "WE THE PEOPLE OF INDIA, having solemnly resolved to Constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:, JUSTICE, social, economic and political; LIBERTY, of thought, expression, belief, faith and worship; EQUALITY, of status and of opportunity; and to promote among them all; FRATERNITY, assuring the dignity of the individual and the unity and integrity of the nation"

These objectives can be fulfilled only if the country's children are not in work and are attending schools. There cannot be a better defense of the nation than having its children enjoy all their rights and feel secure. In the security of its children lies the confidence of the polity and the democratic regime. We urge our parliamentarians to rise above such self-imposed constraints and ensure that every child in the country enjoys her right to education.

In the above backdrop it has been decided to hold a national meet on abolition of child labor and on right to education on 25th & 26th August 2006 between 10 a.m. to 5 p.m. at Indian Social Institute, 10 Lodhi Road Institutional Area, New Delhi -3, to demand amongst others for a total abolition of child labour in all its forms and also passing of Right to Education Bill by the Parliament of India without any further delay.