This week,The Outlook has done a cover story on Right to Education
Act's implementation and 25 per cent reservation in private schools
for children belonging from weaker sections. please read this story
and contemplate what the concept of inclusive education offers for
children with disabilities in future? children with no disabilities
are crying, what to think about disabled children.
http://www.outlookindia.com/article/An-Unequal-Childhood/291801
It is a day of trepidation for Prakash. A short, gawky man in his
early thirties, he is among the several anxious parents waiting at a
Bangalore school for the draw of lots to commence, he perhaps more
anxious than the others. The process begins finally, in the presence
of video cameras, the district education officer and the school
principal. Slips are picked up one by one, smiles come and go as each
name is called out, signalling the filling up of another vacancy.
Prakash is willing his heart to beat a little less loudly. And then...

They call it out: Lavanya. The name of his five-year-old. The one who
will become the first to go to school in his family. A milkman's
daughter whose future has just changed forever. Of future generations
too perhaps. Prakash lets out a scream of joy, inviting curious
glances. Finds himself crying and laughing at the same time. He has
had to forgo his daily income of Rs 200 today. But it has all been
worth it. His daughter would be going not just to any school, but a
private, English-medium, international school. There is no doubt in
his mind what a blessing the 25 per cent reservation for children from
economically weaker sections (EWS) at the elementary level in private
schools under the Right to Education Act is.


Laptop revolution The Akhilesh Yadav govt's shallow bounty

Shock--and reality--descended on the next visit itself. He was asked to
pay £48 every month--yes, in pound sterling. Even as the bewildered
milkman wondered what that currency was, the school staff--the very
picture of patience--informed him that it was in pounds they accepted
fees, being an int-ernational school. Prakash recovered enough to ask
if school education wasn't supposed to be free for his child under the
2009 RTE Act. Of course it was, he was told, but that applied only to
tuition fee; the £48 was for all the 'other' fees, Rs 5,000 at the
day's conversion rate, and 90 per cent of Prakash's monthly income.

Yes, the government reimburses schools the tuition fees. But there are
other 'heads'--Rs 7,000 a year for handwriting improvement and
calligraphy in one school, Rs 1,500 for star-gazing, in another day
school, among the more innovative ones. Regular charges might include
Rs 4,000 a year for computers or Rs 2,000 for swimming. This, of
course, in addition to the nearly Rs 8,000 that parents across the
country are forced to spend on books and uniform, despite the RTE
mandating schools to provide them free of cost to children admitted
under the EWS quota.

"From 'cautioning' poorer parents about the 'high level' of education
their children might not be able to cope with to demanding up to Rs
3,00,000 for international trips the schools organise, elite private
schools do everything they can to eliminate children from weaker
sections," says Nagasimha Rao, convenor, RTE Task Force in Bangalore.

Elite private schools however are not the only villains in this story.
The central act, enforced in 2010, left it to states to frame rules
for the implementation of reservation. And what they have often done
is cleverly tweak rules to prevent EWS children from getting into
private schools, whose fees they would have to reimburse. Few states,
with the exception of Delhi, are implementing the 25 per cent
reservation clause. Promised under Section 12 of the Act, this quota
was aimed at providing equal access to quality education for children
from socio-econ-omically backward sections. However, four years down
the line, the Right to Free and Compulsory Education Act has made
education neither 'free' nor 'compulsory' in most parts of the
country.

Even Karnataka--which, at 83 per cent, has a relatively high enrolment
rate--issued a notification in June this year which is expected to
drastically bring down the enrolment of EWS children in private
schools across the state from the coming academic year. The June 18
notification is an amendment of a July 24, 2012, one whereby a school
can now be certified as a min-ority institution if just 25 per cent--as
opposed to the earlier 75 per cent--of its students are from religious
or linguistic min-orities. This may bestow minority status on some
8,000 schools, and free them from the mandatory obligation to admit
EWS students, as minority institutions are exempt from implementing
this provision. "There are five schools in Frazer Town in Bangalore,
surrounded by three major slums in the city," says Nagasimha Rao. "All
five have claimed minority status. Of what use then is reservation to
poor families when they are all-owed to approach only private schools
in their neighbourhood?"


State of education Anandiben Patel in an Ahmedabad school. (Photograph
by Mayur Bhatt)

Implementation is worse, if it exists at all, in many other states.
The recently bifurcated states of Telangana and residuary Andhra
Pradesh top the list, with not a single seat being allotted to
children from the EWS category in private schools over the past four
years. "Most private schools are ready to induct children as the
government will reimburse them. But for the government, it is
primarily a financial issue," says an official of the Telangana
government, by way of explanation. "Imp-lementing the provision would
mean spending Rs 3,407 crore in the initial year. This will go on
multiplying while enrolling 57,000 new students every year. Besides,
the government has to maintain government schools, where the enrolment
may come down if children are admitted to private schools."

The situation is equally dire in Uttar Pradesh which, according to the
figures with the department of education, admitted just 60 children
despite the 6,00,000 seats freed for EWS children in 2013-14. A
government order (GO) issued in 2012 stipulated that children from EWS
sections could be admitted to private schools only after all seats in
government or government-aided schools had been filled.


CM Prithviraj Chavan in Mumbai school. (Photograph by DNA)

"There is immense pressure on the government from private schools,"
says Samina Bano, education activist and chairperson of the Bharat
Abhyudaya Foundation at Lucknow. "While the government has allotted Rs
450 per child to be reimbursed to private schools as monthly fee,
private schools charge anywhere between Rs 2,000 and Rs 3,000 per
month. They do not want to admit EWS children as this would reduce
their revenue and profit."

Gujarat has been no less ingenious in circumventing the provision.
Turning the central act on its head, it is the only state which is
implementing the RTE on an 'experimental' basis. "This is meant to
help elite schools keep away 'unwanted' children," says social
activist Mujahid Nafees. "In 2013-14, a hundred schools were
arbitrarily identified from thousands of private schools across the
state. This did not include any of the big private players such as the
Delhi Public School or the Ekl-avya Foundation. In 2014, this number
was increased to 200, again without any transparent criterion." The
state, like several others, has neither a functional grievance
redressal mechanism nor a body that would monitor implementation.


Siddaramaiah in a Bangalore school. (Photograph by KPN)

Maharashtra's 'innovation' lies in making EWS admissions online. With
many EWS families unable to access the internet or understand the
process, the admission rate of EWS children came down from 44 per cent
in 2013 to 36 per cent in 2014, when the online system was first
introduced in just two cities, Mumbai and Pune, points out Harshad
Barade of the Kagad Kach Patra Kashtakari Panchayat in Pune.

The opaque, unaccountable online provision has also granted private
schools a degree of immunity. "Even after children received allotment
letters online, they have not been given admission by schools. This is
in contrast to the offline procedure, where admission had to be given
on the spot," says Dr Sudhir Paranjpe, co-convenor, Anudanit Shiksha
Bachao Samiti, Mumbai. The organisation has filed a PIL against the
online process in the Bombay High Court. "Less than 20 of the 3,000
allotment letters have been rejected by the schools, but the majority
of them have not been honoured either. Sch-ools simply sit on the
applications till the admission season is over as there is no rule
that makes them accountable," says Paranjpe.


Study circle Chandrababu Naidu with schoolchildren

Just 312 of the 3,000 schools marked out for EWS admissions in Mumbai
have allotted seats. Moreover, state rules do not lay down any
procedure for implementation of the reservation in government-aided
schools, which form over half of the total private schools in the
state.

With the states reducing the Act to such a farce, will inclusive
education and equal opportunity to all children remain nothing more
than fond hope? Will 'achhe din' remain the privilege of the elite?
One hopes not.

***

Uttar Pradesh

Only 60 out of available 6,00,000 seats for Economically Weaker
Section students filled up
This is due to collusion between private schools and bureaucrats in the state
Government Order states that private schools can be approached by EWS
students only after seats in government and government-aided schools
have been filled up
***

Maharashtra

Rules laid down only in 2012
Online applications sought from EWS, which brought down rate of
admission in private schools
Half the private schools are aided schools but there is still no law
to regulate admission of  children from EWS in them
***

Gujarat

One of the last states to notify reservation of seats in 2013
RTE introduced in just eight out of 29 districts on a pilot basis
200 schools with just 5,300 seats have been arbitrarily identified by
the state government for implementation
***

Karnataka

Government order issued in June 2014  will exempt 8,000 out of 15,000
private schools from EWS reservations as minority institutions are
exempt
Earlier, schools with at least 75 per cent minority students were
certified as minority institutions
New order brings down the threshold to 25 per cent
***

Andhra Pradesh/Telangana

No private school in either state is taking admission of students from EWS
This is because there is no decision yet  on amendments suggested by a
committee in June 2012
The rules framed earlier were ambiguous and contradictory




-- 
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU



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