Physical Accessibility Still A challenge

 

Right to Education for children between 6-14 years is guaranteed by law. The law designated National Commission for Protection of Child Rights (NCPCR) as monitoring agency, but lacks any power to do justice. Provision of free and compulsory education to all children until they complete the age of fourteen years is a Directive Principle of State Policy of the Constitution

Among the international conventions, the Child Rights Convention 1989 emphasizes the right to education as a basic requirement to protect the childhood and prevent the economic exploitation of children.

Imparting Primary education was left to the parents till 2002 though it was a part of Directive Principle of state policy. In Unnikrishnan Vs State of Andhra Pradesh, the Supreme Court elevated the status of right to Primary education from a mere directive principle of state policy to the fundamental right. The apex court chose to overrule its own Judgment in Unnikrishnan case in T.M.A. Pai Foundation V State of Karnataka where it held that Primary education is a fundamental right .While the state assumed the responsibility of imparting primary education to all children of 6-14 age group, the higher education is thrown open to private institutions. It found a difference in the context of private institutions that are charging capitation fees from the students. Article 21A is added by 86^th Amendment Act in 2002, which says: “The State shall provide free and compulsory Education to all children of the age of six to fourteen years”. The Supreme Court gave a very clear suggestion in Unnikrishnan judgment in 1993, that education was a fundamental right for all children up to 14 years. Though it is a very positive and progressive step to guarantee of the state which has to make law to fulfill this obligation

The children were given a right to get educated. The law envisaged by the state not converts such a right into duty. The compulsion to educate children is on the state and not on the children or their parents. It may be a moral duty on their part, but legally speaking, it’s a duty of state. It is well indicated by 86^th Amendment to the Constitution by which Article 51A(k) has been incorporated where another fundamental duty is added stating ‘a parent or guardian to provide opportunities for education to his/her child or, as the case may be, ward between the age of six to fourteen years’. After much delay and sever deliberations the bill is passed and notified. Though the Education is in concurrent list of the Constitution giving states an equal role, the real power is concentrated more in Center. While the government schools are day by day starved by lack of financial support, the private schools have expanded their existence even in rural areas. The financial capacity alone would decide the quality of education of the child, practically leaving no choice to them. The dream of equitable and equal education under Common School System may remain a dream within the present scenario.

Today, Right to Education is legal right in the form of Act, though the main problem arises is lack of awareness on grass root level. India’s apex monitor of the implementation of Right to Education (RTE) Act, National Commission for Protection of Rights of Children’s chairperson, said: “Awareness about the Act continues to be extremely low, especially at the levels below the state capitals. What we see is that people are hardly aware and besides that teachers and head teachers have only rudimentary information”. The Center has decided to display the main provisions of the law on the walls of the government buildings so as to create awareness among the people. Things to be listed on the wall will include the basic entitlements for children under the Right to Education Act. According to 167^th Project Approval Board (PAB) Meeting which was held in 9^th May 2011 states “ Physical access continues to be a challenge in the state having 11,374 un served habitations with 7.35 lakh children, 200 of which have more than the population of 2000 without a primary schools and 900 habitations with 1.04 lakh children without upper primary schools.

From April 1, 2010 a historic Right to Education (RTE) act will be enforced in India. Prime Minister Manmohan Singh promised that financial constrained will not hamper its implementation. The law envisions providing free and compulsory education for all children between 6 to 14 years of Age. In his address to the nation he announced the Right to Education becoming a fundamental right. He said that the Government of India pledges to provide education to each and every child in India

Model Rules under Right of Children to Free and Compulsory Education Act 2009 in its section 6 explains that “In respect of children in classes 1 to 5, a school shall be established within the walking distance of one k.m. of the neighborhood and class 6 to 8 established within the walking distance of 3 k.m. of the neighborhood” and also it mentioned in sub section 5 states “in areas with high population density, the State Government or Local Authority may consider establishment of more than one neighborhood school, having regard to the number of children in the age group of 6-14 years in such areas”. Sub section 8 also provisioned that “the State Government and Local Authority shall ensure the access of children to the school is not hindered on account of social and cultural factors.”

More than one year finally Uttar Pradesh Government approved “The Uttar Pradesh Right of Children To Free And Compulsory Education Rules” in July 2011 where in Section-6 sub-section-4(1) underlying “The area or limit of neighborhood school where in respect of children in classes 1 to 5, a school shall be established in habitation which has no school within a distance of 1.0 km. and has population of at least 300 and in respect of children in class 5 to 8, a school shall be established in habitation which has no school within a distance of 3.0 km. and has population of at least 800”

Under section (10) states “for children from such areas where it is not possible to provide school within the radius of neighborhood specified under sub rule (1), the State Government shall make adequate arrangements, such as free transportation, residential facilities etc.” in relaxation of the provisions specified under sub –rule 1

Violation of the Act

Children between homes to school is a crucial issue, the remoteness of habitation within rural area affects the participation of children, particularly girls and those suffering from disabilities. Issue of Equity, Quality and Accessibility remains area of concern.

Various Provisions have been made but proves to be fail in village Bahadurpur Kacchar (Muslim Basti) of Block Bahadurpur of Allahabad District, Uttar Pradesh. According to survey conducted in December 2011 by ERS Allahabad, the population of this village is nearly 1761 in which children contribution is 440. Talking about the educational resources, no facility has been provided by the Government. In this village child especially boys’ gets education from neighboring schools Deeni Talim from Madarasa but there is no option left for the girls’ .The situation influencing and ruining the life of the girls. Various provisions have been made for girls but proving fails in this context. Their life starts and ends within the limits of their homes making Bidi and doing household work. Talking to the girls they feel insecurity while going to schools and their parents don’t have money to enroll their children in private schools, so they economically support them by making bidi at homes.

Case-1 A 13 years Ansari girl Alkama dropout out from PS Ibrahimpur. She completed her studies till class-5. As the school established in other village she felt insecurity while going to school. Presently she is supporting her mother in making Bidi at home. Case-2 Nazreen age 13 years belonging to Malik community. After completing her 5th standard left from Govt. Primary School Ibrahimpur due to social insecurity. School distance obstacle in her path for completing her elementary education.

Many girls like Alkama and Nazreen still deprived from their basic right i.e. Right to Education.

According to the present scenario Gram Panchayat of Bahadurpur is having approx. population of 2616 but for children education there is single school. The Govt. has established one Primary school in village Ibrahimpur. Bahadurpur is a Muslim dominant locality and children especially girls are not able to attend that School, as they feel social insecurity. Many children belonging to low income group are not able to enroll themselves in private schools because of high fees. Due to various reasons they dropout from schools and start working with their family members and support them economically.

Presently 129 and 38 children are enrolled in Primary and upper primary schools respectively. In fact according to the survey conducted by ERS in 2011 there are 666 children between the age group of 6-14 years in Gram Panchayat Bahadurpur Kacchar. As we make out from Data of our survey village Bahadurpur itself having a total 440 children between 6-14 years. On this basis we can say that may be the children are studying either in private schools or in Govt. Schools or out of school

          Focusing girls there is a need to open a new Primary Schools in Bahadurpur village, so that children especially girls who are economically backward and feel social insecurity gets their educational right without any violation. Necessary steps should be taken by the Govt. and educational department to open a new primary school in this village. So that children can access to their basic education and fundamental right.