[eebill] Fw: Report (SJ, unfazed by the collapse of the free-seats order!)

[Gita Dewan Verma]

so coool! makes us look like hi-strung over-reactors!
please see http://plan.architexturez.net/site/mpisg/f and if it makes sense 
to you please say so.
(will upload today's over-reacting asap)



>From: "Ashok" <socialjur at mantraonline.com>

>Subject: Report Date: Wed, 9 Feb 2005 11:01:54 +0530
>
>Dear Friend
>
>
>
>             We have posted large number of PIL cases on right to education 
>on our website: www.socialjurist.com kindly visit the website and send your 
>comments/suggestions.  The journalist friends are requested to make a 
>news-item on this website for the benefit of people at large.  Our effort 
>is to share with all concerned about our work and to make a national 
>network on PIL cases on right to education.
>
>
>
>With    regards,
>
>
>
>Ashok Agarwal,
>
>Advocate,
>
>Advisor, Social Jurist,
>
>M.9811101923
>
>
>
>Report of the 3rd Consultative Meeting on
>
>"Free & Compulsory Education Bill"
>  (January16, 2005, organized by Social Jurist)
>
>
>
>The meeting was held with the objective to consult the eminent persons for 
>their valuable suggestions to frame an alternative draft of the "Free & 
>Compulsory Education Bill." About 55 participants comprising of 
>bureaucrats, academicians, lawyers, pediatricians, social activists, 
>spiritual guru, journalists, students etc. concerned in the field of 
>education shared their experiences.
>
>
>
>The welcome address was given by Ashok Agarwal of Social Jurist. Prof. Abu 
>Baker, Chairman, Delhi Minority Commission chaired the session.
>
>
>
>Ashok Agarwal gave a brief introduction about Social Jurist, as a group of 
>Civil Rights Activists working together for social causes.
>
>
>
>·        He explained that how right to education functions as a key right 
>in relation to other rights of children, like, right to health, right to 
>shelter, right to food, etc. There has been a total failure of the 
>government in implementation of the laws of education.
>
>
>
>·        He further shared the impact of Public Interest Litigation in area 
>of laws of education, and it is only after numerous attempts that 
>government gives any positive reaction. This fight is against the system, 
>that is good for few and bad for the rest of majority.
>
>
>
>·        He observed that the Central government does not have any law on 
>this issue and therefore, it lacks uniformity among various States.
>
>
>
>·        He further shared that two consultative meetings with regard to 
>the draft bill have already been held earlier in November 2004. He 
>explained that the 1st Draft Bill was almost the copy of the 1960 Delhi 
>Education Act, which was never implemented by the Delhi government. The 
>loopholes of the 1st Draft Bill were pointed out and similarly regarding 
>the 2nd Draft Bill also, its weaknesses were pointed out. Speaking about 
>the 3rd Draft Bill, he elaborated that it was as bad as the earlier draft 
>bills. After change of government at center, the UPA government constituted 
>Kapil Sibal Committee to prepare a new draft bill.
>
>
>
>·        This law is going to affect 40 crore children of this country, 
>therefore, lot of care is needed in formulating the draft bill. He noted 
>that this is their endeavor to get the right to education and other 
>co-related rights covered under this bill along with the issue of 
>accountability of the government.
>
>
>
>·        Ashok observed that the members present in this meeting could work 
>together to put forward the positive suggestions and can also act as a 
>pressure group so that an effective and workable legislation could be 
>drafted.
>
>
>
>A presentation was made by Madan M. Jha on Education Bill - 'some 
>alternative thoughts'.
>
>
>
>·        He mentioned about various issues such as different perspectives 
>of the bill are: beyond article 21, preamble, part II article 45, article 
>51 A (Collective excellence), UN Convention on Rights of the Child, UNESCO, 
>Principles of equity.
>
>
>
>·        The title of the bill is " Free and Compulsory Education Bill 
>2004", which has been proposed to be changed to "The Right to Education for 
>Children, Equity, Excellence and Social Justice Bill, 2005."
>
>
>
>·        Similarly, light was thrown on each and every aspect of the Bill. 
>Some important questions were also made part of the draft. Some issues were 
>put under the non negotiable Fundamentals: schools for all and teachers for 
>all, bringing private schools under CSS and neighborhood schooling, 
>principle of Common School system. Furthermore, definitions also needs some 
>changes.
>
>
>
>Madan Jha's presentation was followed by comments from the floor. The 
>participants raised a number of interesting and imperative issues.
>
>
>
>Venkat Reddy from Hyderabad noted that there are 10 crore kids who are out 
>of school and they are considered as Child labor. In Nalkunda District 
>(A.P.), they have managed to eradicate the child labor. If it can be done 
>there, why can't we implement it at other places too? He highlighted the 
>pathetic state of government's role in education sector. According to him, 
>the government departments are giving wrong statistics in order to improve 
>their records about education. He presented data relating to certain period 
>where the government statistics showed reduced number of children in age 
>group 5-14 years, where major part of missing children (actual number of 
>children - number of children presented by statistical data) consists of 
>girls. The market forces are attracting children to work as labor. The 
>school forces should be able to compete with the market forces to bring a 
>child from labour market to school. He also raised an issue of 
>accountability of the government and wanted to know at what level it should 
>be. He further argued for total abolition of child labour by getting the 
>kids into full time school.
>
>
>
>Dr R.N.Srivastava, Chairman, Indian Pediatricians Association, stated the 
>need to include children who have not been included in the draft, e.g., 
>children of construction workers who are always on the move. Therefore, 
>there has to be some arrangement for them too.
>
>
>
>Karan Tyagi, National Convener, NAFRE, raised few issues, which could be 
>discussed in the meeting as discussion on all the areas was not possible. 
>These were medium of instructions, question of 0-6 years and from 14 years 
>to 18 years, issue of privatization, whether minority institutions are 
>required to be brought within the scope of legislation and how can non - 
>school going kids could be helped. He is of the view that the school 
>curriculum should include values and principles. The privatization should 
>be done away with and State should see that all children go to school.
>
>
>
>Swami Agnivesh, Social Activist, relating the issue with spirituality 
>observed that education is the base and it should be discussed in relation 
>to spirituality. He brought out few issues:
>
>
>
>·        Why our society is divided into classes? Why is that always poor 
>class suffers of any calamity? This distinction that we have build 
>ourselves between the poor and rich has to be evaded. We should equalize 
>the classes.
>
>
>
>·        This should be made a social revolution and every person of the 
>society is to be involved in this. It should not just left as an agenda of 
>intelligentsia and advocated.
>
>
>
>·        Presently, education industry has been made as a profit making 
>body by the Mafia. Truth, love, compassion, justice should be involved in 
>it. It should be kept away from communal disputes.
>
>
>
>·        Question of equity, gender equality between classes also need to 
>be considered.
>
>
>
>·        Although in our Constitution, word "Socialism" comes before 
>Secularism, but commenting on today's' situation, he explained that how can 
>Globalization and Socialism can go hand in hand. Nowadays competition has 
>become a biggest terror in students as well as in their parents.
>
>·        Children from all the classes should go to school irrespective of 
>their financial status.
>
>
>
>Anand Swaroop, former secretary, ministry of HRD, pointed out about:
>
>
>
>·        The difficulties and problems of ground realities that a poor man 
>faces and at that crucial time when everyone turns deaf ear to him, whom 
>should he approach and what is the process by which he can demand the Right 
>to Education because filing a Writ Petition in the High Court is far beyond 
>his imagination. Rather a layman wants some Forum that is easily accessible 
>to him.
>
>
>
>·        The main issue is if the Right to Education is violated or 
>unavailable to any of us, who should be held responsible and what is the 
>punishment for such violation in the hierarchy. A layman should be made 
>aware of these basics.
>
>
>
>·        He further emphasized that this is neither Central or State issue 
>but it is a national issue.
>
>
>
>·        The Government has not created the required awareness on the 
>issue, it should be publicized more extensively as a Massive National 
>Campaign.
>
>
>
>Colin Gonsalves, Sr. Advocate and Executive Director, Human Rights Law 
>Network, of the view that the judgment given by the Supreme Court in Unni 
>Krishnan Case was a very elaborated judgment which talked about social 
>responsibility of the State to impart education. It said that State and 
>private parties have a serious duty to educate poor. But with the knocking 
>down of this judgment in TMA Pai case, a mess has been created where right 
>to education is again jeopardized. Therefore, there is a need to go back 
>and hold Unni Krishnan judgment good and work accordingly. There must be a 
>national consultation on education bill as on TMA Pai judgment.
>
>
>
>Glenn Fawcett, Social Activist from Australia, showed his concern on the 
>state of education in India and raised the following issues:
>
>   a.. There should be some kind of independent advisory board to assist 
>the government in providing the education to all.
>   b.. There should be a time based action plan for education, which should 
>be implemented accordingly.
>   c.. Statistics given by the Indian Government is different from real 
>state of affairs.
>   d.. There are people who are jumping around their responsibility. There 
>is a need to see as to how to make people responsible and accountable.
>
>
>Prof. Abu Baker suggested to discuss the following specific issues to make 
>the deliberations meaningful.
>
>
>
>   a.. Who should be held responsible and accountable in case a child does 
>not get education - parent or State?
>   b.. What should be done about child labour?
>   c.. How funds should be sourced and allocated for education?
>   d.. How private schools are affecting education? Should they co-exist 
>with government school?
>   e.. Is common school system and neighbourhood school a good concept? 
>Should it be followed?
>
>
>Regarding the issue of responsibility and accountability of educating 
>children, the views were divided. One view was that the parents and 
>Government, both should bear the responsibility and the other view (which 
>was predominant) was that it is the Government only who is responsible and 
>accountable for educating children. Prof. Abu Baker explained it with 
>reasoning. He said education is a part of life. When a parent attempts to 
>take life of his child, it is state's duty to stop the parent from doing 
>so. If a parent is not giving education to his child, it means that he is 
>diminishing child's life; the state should come and stop the parent from 
>doing so.
>
>
>
>Rashmi Swaroop Johari, Journalist, gave the suggestion that Government can 
>work on 'Shiksha Abhiyan' just like it has worked on Polio Abihyan. It can 
>bring awareness about education and ensure by reaching to every household 
>that children are getting education.
>
>
>
>Prof. Ramu Mani Vannan, Department of political science, Hindu College, 
>said that when poor parents decide not to send their child to the school, 
>they could not be considered as stupid. They have given birth to a child. 
>They are more concerned and experienced than us in that matter. The 
>question is - why do they take decision not to send their child to the 
>school - because conditions of life and surroundings are not conducive to 
>education. It is the duty of the State to create such conditions of 
>education in the society that parents can take decision to send their child 
>to school without any apprehension. The work is needed to be done in this 
>regard right from central government level to gram Panchayats - 
>responsibility need to be placed at appropriate levels.
>
>
>
>Regarding the problem of child labour, it was viewed by some participants 
>that the parents of children need technical support to make them understand 
>the economics of child labour and to take care of the immediate survival 
>problems they have. Ashok Agarwal gave an example of Nalconda district, 
>Andhra Pradesh, where the people have been able to eradicate the child 
>labour and in the resulting scenario, the earning of poor parents has 
>increased and children who were working earlier started going to the 
>school. What practically happened was that because of non - availability of 
>children for work, employers had to employ adults (the parents) for the 
>same job. This way many unemployed adults got employment and they started 
>getting higher wages for the same work because wages to an adult are paid 
>at higher rate than that given to a child.
>
>
>
>One view was that Government should make some alternate arrangements of 
>survival to the poor in order to send their working children to school. 
>Another view was that the children should be given some vocation training 
>in the school so that parents are satisfied that after studying the child 
>would be able to earn more. Yet, the other strong view was that a child up 
>to the age of 14 years should be in the school and not at all at the work 
>place. For a child, school is the best place to work. ILO Convention on 
>minimum age of employment is required to be implemented rigorously.
>
>
>
>Regarding the financing for education, it was viewed that 'education' being 
>in the concurrent list of the Constitution of India, both Centre and the 
>State should contribute for it. The question of how much percentage of GDP 
>should be allocated by the Centre and the State was discussed. Some of the 
>views were-
>
>   a.. Education should be treated as priority area while allocating budget 
>for it.
>   b.. Money to be spent on administration of education and on operational 
>part of education should segregate.
>   c.. There should be a built in accountability mechanism in the system so 
>that if the money allocated for particular purpose is not spent 
>accordingly, the accountability can be placed on some person(s) for not 
>using it properly.
>   d.. A financial statement should be attached with the Bill as to how 
>fund will come and will be utilized.
>
>
>Regarding the existence and regulation of private schools, some of the 
>major views were as follows:
>
>   a.. The Government should decide about the minimum contents of education 
>to be provided by the private schools and Government schools. There should 
>be similarity and parity.
>   b.. Quality education should be provided in Government schools. Parents 
>- teacher meeting can be organized in Government schools also to improve 
>the quality and conditions of education.
>   c.. The provision should be made that private schools would give free 
>education to poor children to the 50% of their strength. There would be no 
>discrimination amongst students. No different classes for poor students. 
>And stringent measures should be taken against those schools that do not 
>follow Government's instructions.
>
>
>
>
>Regarding the Common School System and Neighborhood school system, the 
>major views were as follows:
>
>·        There must be common schools for every child. Children from same 
>locality should go to same school. This is the only way discrimination can 
>be ended and quality education can be ensured to all.
>
>·        For this private schools should be abolished or regulated in such 
>a manner that they work according to the Common School System.
>
>·        It is the elite class parents who contribute to increasing 
>discrimination because they want their children to study in elite private 
>schools.
>
>
>
>The meeting ended with the note that the primary thing, which is required 
>to make the dream of education for all a reality, is the 'Will of the 
>State'. The State has capacity and capability to do what it really wants to 
>do. Thus, there is a need to awaken the people at the helm of affair of the 
>State on the issue of education.
>
>
>
>The vote of thanks was given by Kusum Sharma, Advocate, Social Jurist.
>
>
>
>(Report prepared by
>
>Anuradha Sharma & Rohini Agarwal)
>
>
>
>
>
>
>
>
>
>
>

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