Abstract: -
Indian Constitution and Education Rights is indeed a very important topic and
it is the need of hour to understand the educational rights and how
Indian Constitution speaks about imparting education to all sections of the
society.
Keyword: - Education, Constitution of India, Educational Rights, Violations, Illiteracy
Introduction:-
Many people get confused with the word "Education". According to some people "Education" is a degree,
an academic title, which is the source of their identity, which helps in getting jobs and career high status.
However, according to me “Education” has different meaning. I divide it in two parts i.e. “Education”
and “Literacy”! It is to be noted that being educated is different from being literate. Literacy can help us in
getting jobs and settle in our career. It is helpful in raising the standard of living and creating a status in society.
But, “Education” helps us understand the difference between Truth and Untruth! Education gives us the sense of
right and wrong!
Do we really feel that the current situation of education in the country helps us to discern between the truth and
untruth? Does today’s education bestow impartial/unbiased education to all? Do we really think that today’s
educational system and institutions are teaching comparative and scientific approach to the students to see the
world? My answer to these questions is “Straight No..!”
I firmly believe that the current educational system has
imposed the modern mental slavery on students. Higher the education, more the
mental slave…More the education, greater the proud feeling… higher the education,
highest the demands of dowry and patriarch feeling. Everything has become
mechanical and commercial!
Discussion: -
Dr. B.R.Ambedakar has always seen education with a different perspective. According to him, education can
solve any problems of the country, but he was particular about what type of education should be given and to
which class of people. Explaining the importance of the education he says, [1]“Can education destroy caste? The answer is ‘Yes’ as well as ‘No’. If education is given as it is to-day, education can have no effect on caste. It will remain as it will be. The glaring example of it is the Brahmin Caste. Cent percent of it is educated, nay; majority of it is highly educated. Yet not one Brahmin has shown himself to be against caste. In fact an educated person belonging to the higher caste is more interested after his education to retain the Caste System than when he was not educated. For education gives him an additional interest in the retention of the Caste System namely by opening additional opportunity of getting a bigger job. From this point of view, education is not helpful as means to dissolve caste. So far is the negative side of education. But education may be solvent if it is applied to the lower strata of the Indian Society. It would raise their spirit of rebellion. In their present state of ignorance they are the supporters of the Caste System. Once their eyes are opened they will be ready to fight the Caste System.”
The point to be understood from the above statement of Dr.B.R.Ambedkar is,
education can be very instrumental in annihilation of caste system,
untouchability and inequality provided the education is given to the suppressed
classes. Because educated youngsters will revolt against injustice and
inequality, education will help them to inspire for the same. That’s the reason
why Dr.Ambedakar promulgated several articles for education such as Art.15, 21A,28,30,38,39,41,45,46,47 in the Indian Constitution to
ensure that quality education been given to every citizen of this country
irrespective of their Caste, Class,
Race, Religion, Gender and Place of Birth. But unfortunately at one side we see the total
corporatization of education system where Article 21A and Article 42 speaks
about Free and Compulsory Education until the age of 14 years, and at the other
hand the government is less interested in providing necessary infrastructure
and developments to the government schools. The detoriated conditions of
government schools are so pathetic that several schools are at the door steps
of closing down. The quality of education in the government schools is so
degraded that the students can’t even think of competing with the corporate
schools.
Article 15 of the Indian Constitutions speaks about Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth[2]. In several
instances in the recent past we have seen that the kids from low castes and Muslim
families have been denied for sitting in the school classrooms and learn along with
the other student. Despite constitutional right, the ignorance toward the
fundamental rights speaks about the intentions of few fundamentalists who don’t
want to abolish inequality on the grounds of religion, race, caste, sex or
place or birth.
Article 21A provides
Right to education[3]. This article
was Inserted
by the 86th Amendment in December, 2002 and passed by the Parliament in July,
2009. The provisions of the Act came into force from 1st April, 2010. Earlier
this right was enshrined in Art.45 of the Constitution under Directive
Principles of State Policies. But seeing the non implementation of the article
and absence of larger sections of kids being far from education, an amendment
being made in Art.21A for Right to Education. After this amendment providing
education has been made a fundamental right and no one shall be kept away from
basic educations.
Article 30 gives Right to minorities to establish and administer educational institutions on their own so
that they can educate themselves in their own institutions[4]. The
state has to provide necessary funds and assistance for establishing
educational institutions of the minorities. Article 38 of Part IV of
Directive Principles of State Policies talks about the State to secure a social order for the promotion of
welfare of the people.
The promotion of welfare of people lies in quality education, health and
sanitation. The constitution of India directs the state to take necessary steps
to do so. But unfortunately during the past 65 years of independence the
social, economical and educational conditions of the people are considerable
low compared to the other countries.
Article 39
speaks about Certain principles of policy to be followed by the
State
and direct its policy towards securing adequate means of livelihood, equal pay
for equal work, and care of health and strength of the workers, men and women
etc.[5]
similarly Art.41 directs the state to take steps within its limit to make
effective provisions for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement and in
any other cases of undeserved wants.[6]
Article 45
originally mandates the state to provide free and compulsory education to
children between the age of sex and fourteen years. But until the 86th
Amendment in 2002[7],
this provision was highly been neglected by the state governments. Seeing this
parliament amendment the constitution in 2002. It has been converted into a
fundamental right under Art.21A. Now, right to education is a fundamental right
and the citizens can go to court for violation of this right.
I firmly believe that the degraded condition
of the educational system especially in the government schools is the part of
serious conspiracy. It is to be noted that more than 70% of the population
lives in the urban, sub-urban and villages. Most of them belong to poor
families their kids studies in government schools. The system understands well
that, if quality education is been given to these classes of people, they will
certainly revolt and raise voice against injustice, inequality and other social
issues.
The latest Education for All Global Monitoring Report (GMR)
released worldwide by the UNESCO acknowledges the headway made by India in
improving access to education but the country’s population of illiterate adults
has been identified as the drag factor. India currently has the largest population of illiterate
adults in the world with 287 million. This is 37 per cent of the global total.
While India’s literacy rate rose from 48 per cent in 1991 to 63 per cent in
2006, “population growth cancelled the gains so there was no change in the
number of illiterate adults,” the report stated[8].
According to the report, India, despite spending a considerable amount on
education, has reduced its expenditure on education from 13 per cent of the
entire government budget in 1999 to 10 per cent in 2010.
In
India, 4% of our children never start school. 58% don’t complete primary
schools. And 90% don’t complete school. If we believe in UNESCO’s
report only 10% kids of the total population completes their college education.
We have to understand that the percentage of poor kids among college going is trivial![9]
According to the CIA World Fact book, almost 75% of the
world's 775 million illiterate adults are concentrated in ten countries (in
descending order: India where almost 30 million young women are illiterate) China,
Pakistan, Bangladesh, Nigeria, Ethiopia, Egypt, Brazil, Indonesia, and the
Democratic Republic of Congo).[10]The point to be noted here is if we compare the total population
of the other eight countries, we see that their geographical areas are equal to
India’s few states, but still India is among the highest illiterate population,
how shameful !
The country which was famous for world known universities such
as Nalanda, Takshashila, Vikramshila, Odantapuri, where thousands of foreigners
used to come and took education in Indian Universities, we were the ones who
gifted knowledge and education to the whole world..! But sadly in the current
conditions we are considered among the highest illiterate countries of the world!
The rulers of this great nations must introspect on what they have given to its
citizens except Poverty, inequality fanaticism and injustice....!
Due to the lack of quality education and poor conditions
of government schools in sub-Urban areas and villages, over
60 Million children are forced into child labor in India. We, being an IT giant and the world's
second-fastest growing major economy, has millions of child labors all under 14
years of age, some as young as 4 or 5, and all toiling hard just to get a
square meal to keep body and soul from parting company. [11]Child labor is
a dagger through India's soul. The country has the dubious distinction of
being home to the largest child labor force in the world, with an estimated 30%
of the world's working kids living here.
You find children being exploited in restaurants, silk industry, carpet
weaving, firecracker units, etc. 80% of child laborers reside in rural India,
where they are forced to work in agricultural activities such as fanning,
livestock rearing, forestry and fisheries. Reports say that there are more children under the age
of 14 in India than the entire population of the United States. And children
under 14 years of age account for about 4% of the total labor force in the
country. Of these children, nine out of every ten work in their own rural
family settings. Two out of every
three working children are physically abused. Over 50% children were being subjected to one or the other form of
physical abuse. 50.2% children worked seven days a week, 53.22% children
reported having faced one or more forms of sexual abuse. 21.90% child respondents reported facing severe forms
of sexual abuse and 50.76% other forms of sexual abuse.
Every second child reported facing emotional abuse.
The Indian Constitution says that child labor is
a wrong practice and standards should be set by law to eliminate it. The Child
Labor Act of 1986 implemented by the government of India makes child labor
illegal in many regions and sets the minimum age of employment at 14 years.[12]
After its independence from colonial rule, India has passed a
number of constitutional protections and laws on child labor. The Constitution
of India in the Fundamental Rights and the Directive of State Policy prohibits
child labor below the age of 14 years in any factory or mine or castle or
engaged in any other hazardous employment (Article 24). [13]The
constitution also envisioned that India shall, by 1960, provide infrastructure
and resources for free and compulsory education to all children of the age six
to 14 years. (Article 21-A and Article 45).
We have to understand that the maximum population among the illiterate kids and
child labors dalit and Muslims children holds the highest percentage is a naked
truth! All these children don’t have proper learning, no hope, neither future nor appropriate guidance to
excel in life. Nothing has changed during the past 65 years of independence and despite having the greatest
constitution of the world. The children’s are forced into modern slavery to live an undignified life without any
future!
Conclusion: -
I personally feel that we need to understand one thing
very aptly ie we can’t expect anything from the system. The governments are not
cordial towards the poors and have nots ! The governments are pro corporates !
And to expect something from such corporatized government would a big mistake
on our part. Because, not the only educational
system but also Healthcare, Medicine, Science, Politics, Industries, Service
Sectors and all other areas , they have kept in their pocket . We can see with
our naked eyes that their intention is to have all the powers in their pockets
and to impose sanctions and slavery on everyone else!
All this while walking in front of our eyes, the big question lies upon us to introspect and question our self what we can do to overcome these problems? Greater question is can we challenge this powerful system! Can we give an alternative to this nation! Can we change the ongoing degradation of education system? The answer lies in Yes and No both! If we understand our duties and responsibilities towards the society and country as a whole, then certainly we can give an alternative. But, if we run away from our responsibilities giving excuses of our wife, kids, family, jobs then there would be no meaning to our life. The choice is totally ours…!
In our society, maximum numbers of employees are
teachers. Most of them have completed their graduation, D.Ed, B.Ed and teaching
in various schools, colleges, institutions and universities. And therefore I
feel, the teaching class can play a vital role in nation development. We all
know the degraded conditions of the schools and colleges. We also know that, it
is highly impossible to compete with the world studying in such degraded
schools and colleges. We cannot expect any students who belong to poor family
and taking education in government schools and colleges that he will compete
with corporate students and excel himself in the era of globalization. The
biggest question lies before us to how we can change these precarious
conditions.
I feel, the teachers should come forward and take up the
responsibilities. They should start free classes in the fields of Competitive
education, Technical and Academic Guidance and all such areas which can help a
student to learn nuances of different fields and he could be able to compete
with the world. If all the teachers who have sense of injustice and equality
initiate this process on war foot, then I firmly believe that we can create a
generation who will serve this country and society with utmost honesty and
sincerity. And we have to do it otherwise we will be answerable to the coming
generations..!
References:
1. What Are The Prospects of Democracy In India – Dr.B.R.Ambedkar
2. The Constitution of India – Wikipedia Page
3. 86th Amendment – The Constitution of India
4. The Constitution of India – Wikipedia page
5. ibid
6. ibid
7. 86th Amendment – 2002 – Constitution of India
8. The All Global Monitoring Report ( GMR)
9. Teach for India – NGO online portal
10. Innovative Solutions To Community Development Initiative - Online Portal - http://isdnigeria.org/
11. Ministry for Human Resource Development – Online Portal
12. The child Labor Act, 1986
13. Art.24, 45 of the Constitution of India
