I think of a democratic and progressive India, where rights of every citizen are respected and ensured.
Monday, May 17, 2010
Quota in KV for children with Disabilities - Is it in line with Right to Education Act?
I often wonder whether in light of the new Right to Education Act, there is any merit to keep quotas in school education for the children with disability! If free and compulsory education it is a fundamental right of every child including those with disability and there are more students seeking admission than the quota fixed of 3%, will the KVs refuse admission to such students.
The KV has still not come out properly on the admission of children with disabilities and unecessarily making news for free education of disabled and setting up a quota for disabled means no sense to us.
Here is the news coverage:
Quota in KVs to be above class strength
NEW DELHI: Reservation in Kendriya Vidyalaya schools will be over and above the strength of a class. This was decided by the board of governors of the Kendriya Vidyalaya Sangathan (KVS) on Friday.
In fact, the earlier policy was not to let the class strength get affected while giving reservation. But this was amended a few months ago bringing the quota seats within the class strength. However, this created problems for children of central government employees. Since these employees are often transferred, they have to look for admission for their kids in new schools.
There are 17 types of reservation in KVS schools. As per the restored system, reservation will be given to students over and above the existing strength of a class in a central school. According to this system, each class will have 40 seats. But another five students can be given admission under reserved category. The students given admission under reserved category will be above the normal strength.
"The reserved students will not eat away the seats for general category students. The reservation will be above the existing class strength," an HRD ministry official said.
KVS has also put in place a new transfer policy under which those teachers will be given priority for getting transfer if their spouses are working in the school of their choice.
The KVS has also decided to set up one disabled friendly school in each of its 18 regions. These schools will have all facilities to help physically challenged students get education. Besides, teachers of Sanskrit can now switch over to Hindi by appearing in certain examination. This will open up promotional avenues for them, the official said.
Source: Times of India, 15 May 2010
Monday, April 5, 2010
"UP has no fund to implement RTE Act" | iGovernment.in
I fail to understand, how a public representative - the Chief Minister of a State can say this, while poorer states like Assam have gone ahead with seal to implement the same.
It is loud and clear that while the Chief Minsiter has sufficient money to create her statutes and parks and also to develop a security force to protect the statutes created at the cost of public money, while she has no money to invest in children of her state and protect their fundamental right to compulsory and free education guaranteed by the Constitution of India!
Have such politicians any right to remain on the crucial posts they hold?
"UP has no fund to implement RTE Act" iGovernment.in
regards
SC Vashishth
Saturday, December 19, 2009
Right to Education Act and Children with Disabilities
We have to understand that education of children with disability is a fundamental right of the children which the Government is bound to provide for in terms of systems, infrastructure and finance. Thus there is no point in NGOs seeking grants which are often very subjective and do not cover even the 50% of the expenses if rightfully done. I had taken up few cases for NGOs where the workers of the NGOs went against their employers in the Labour Courts seeking minimum wages and what I learnt from NGOs was that the grant that comes for a helper is merely 2000 Rupees which is far less than the minimum wage of an unskilled worker in Delhi. The matters are pending in High Court where Grant making Ministries have been impleaded as necessary parties for proper adjudication of the case! And I am well aware what is going to be the outcome of such petition!
Another worrying issue that we should be concerned with too is the second amendment which HRD ministry is contemplating to bring in RTE Act to satisfy the powerful lobby of minority institutions who do not want to be governed by State Laws at the same time want to continue receiving grants/aids from the Government. These schools if exempted from constituting School Management Committees (which is a powerful tool to increase citizen's participation in the school management and check misuse of public funds) they could do what they like without any external check including refusal to take in children with disabilities. The move should be resisted by one and all to ensure participation of civil society and stakeholders in the process of education and maintain transparency in the delivery of quality education to all including children with disabilities.
Monday, October 5, 2009
The Right to Education Act 2009 set to be amended
Monday, August 17, 2009
Relief by CBSE to All Chidren who come under Definition of Disabled of PWDA- an enabling or disabling provision?
Dear Friends,
The CBSE announced a few months back certain amendments in the bye-laws thereby bringing more relief to the students with disabilities. In comparison to earlier provisions on scribes/extra time & relaxations in subjects, compulsory three languages and 75% compulsory attendance to be eligible for appearing in CBSE Board exams, we have new relaxed provisions now.
While the attendence requirements have been reduced to 60% and provisions of scribes and extra-time of 20 minutes per hour of exam etc have been allowed to all those who come under the definition of "a person with disability" within the ambit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act- 1995, (in short PWDA) i.e. those with 40% and above disability. This was earlier allowed only to those with Spasticity, Blindness, and Dyslexia & those with physical disability restricting in writing and use of hands. Exemptions from third language was allowed to those with hearing impairments too!
The biggest beneficiaries will be those who did not come under any of the earlier categories allowed exemptions but this benefit would now be even available to those with physical disabilities who actually have no organ limitation in writing the examination and can write as fast as any other non-disabled child could write.
While this can be seen as a new trend to support those who are experiencing disabilities of some or the other kind and to a certain degree as required under PWDA, and to compensate for the lack of equal opportunities for them in the past. But at the same time, it might tilt the balance of convenience in the favour of those who actually don't require it at all. Also, allowing scribes/writer to those who can write for themselves will open up another pandora's box!
I feel a rethinking is necessary when it come to allowing writer /amanuensis to all the disabled children!
On the other hand we see is a cut-throat competition to achieve higher percentages; for you loose out on getting admission to your preferred college or to get selected in MAT/CAT etc merely because of a fraction of percentage in marks. Thus, those who are in genuine need of the facilities of scribes and extra time would actually be at loss in the present system of a mad fight for percentages. Tommorrow these candidates have to sit in competitive examinations like CAT/MAT etc where no extra time is given to all, as of today.
Therefore, unless the Ministry of HRD, Govt. of India, does something seriously about the percentages etc. and number of seats in the higher education, it would only allow these students to get stuck after the CBSE's exams to reach no where!
In fact I would suggest that giving extra time to students has its own advantages. The child will write only that much which he knows or has studied. By this logic, extra time can be given to any one who needs it! It reduced stress; Child performs to his best; Slow writers can even complete the exam to their satisfaction; those with impairments in writing or those using writers/scribes will also get sufficient time to complete. But then it should also be extended in other exams too which a child has to compete immediately after CBSE Exams in order to plan for his career! Otherwise, it might be considered as a stick that further disables rather than enabling!
Regards
SC Vashishth,Advocate-Disability Rights
Click here to Read the New Notification of CBSE
Click here to read the following news from source: CBSE Amends Exam Rules for Disabled Candidates
The Central Board of Secondary Education has announced certain amendments in the examination bylaws. Candidates with disabilities, as defined in the Persons with Disabilities Act, 1995, have been exempted from the examination of a third language.
The previous rule (Rule 23) covered only candidates who were blind, dyslexic or had a speech or hearing disability.
According to the new amendment, candidates covered under the Act appearing for the Secondary School Examination or Senior School Certificate Examination are permitted to use an amanuensis (writer) and will be allowed additional time.
For a three-hour paper, students will be given an extra time of 60 minutes and for an examination of two hours, the duration will be increased by 40 minutes.
Both the amendments cover autistic students as well. These candidates also have the option of studying one compulsory language as against two. “The chosen language should be in consonance with the overall spirit of the ‘Three Language Formula’ prescribed by the Board,” reads the amendment.
Earlier, a candidate (other than blind, physically challenged or spastic) had to pay the fee prescribed for the use of an amanuensis. But, according to the changed rule, the services of an amanuensis will be provided free of cost.
A new rule added to the bylaws also defines a ‘regular course of study’. A regular course of study means that students participating in sports at the national level (organised by recognised federations), shall have to maintain at least 60 per cent attendance. Candidates taking up subjects involving practicals will be required to devote at least 60 per cent of their total attendance to practical work in the laboratory.
Unless a student fulfils the requirements, he/she will not be eligible to sit for the examination. Heads of institutions have also been instructed to not allow a candidate with subjects involving practicals to take the examinations unless the attendance requirements are met as per the rules.
Thursday, August 6, 2009
Again to Jantar Mantar: Education bill 'flawed', will move Supreme Court: Expert
I think we should not be befooled by the false promises of Ministers - who as many say - are hurrying up to finish their 100 days agenda and have been bringing up bills in haste without consulting the stakeholders and without public scrunity!
I am personally not convinced with what media reported today with regard to RTE and disability. Mr. Anil Sadgopal and others have decided to move Supreme Court against the Bill in the present form.
Do you think we can join in the Dharna again at Jantar Mantar and join hands with Mr. Sadgopal & others against the RTE Bill in present form and seek to include disability in to mainstream business. The bill is flawed on many other issues also. And unless these flaws are addressed, inclusive education will only remain an utopia and never be realised!
And I sincerely believe that while we strongly advocate and talk of inclusion in the mainstream schooling system, the sector we work with will also suffer the same issues in these mainstream schools. The following issues concern the education and early intervention of children with disabilities also:
(a) Non - inclusion of children from 3 years to 6 years age group in the bill while the Govt. Schools have started admitting children for pre-school.
(b) No support or talk of community schools concept
(c) No system to tackle fees hike in private schools
(d) No clarity on how govt. will make re-imburse the money spent on students.(e) If it is a bill for rights of children then why children up to 14 are only covered? If the law doesn't consider under 18 to be adult - then why not include children up to 18 and below. Also in case of Disabled it could be raised to 21 from present 18.
Besides this, disability related clauses like can also be included:
(a) Relegating disability to chapter V of PWD Act and not mainstreaming the issue in the bill
(b) Non-addition of Children with disabilities in definition of "Disadvantaged children"
(c) Non-inclusion of Special schools
(d) No system of re-imbursing money to special schools
The MSJE pays a paltry sum to NGOs for running schools, under grants which is subject to reduction by certain percentage every year! Why can't Govt. re-imburse education per child to NGOs also on the same pattern? Why discrimination among disabled and non-disabled children. If the money is earmarked, many NGOs, private institutions & community schools, private and govt. schools would come forward to include children with disabilities.
Also mere statement of Mr. Sibal in the Parliament that disadvantaged children would include disabled children holds no water in the eyes of law. Mr. Arjun Singh had made a very bold statement on the subject few years ago but that remained a statement till date. Therefore, let us not believe on the statements of politicians and we should not rest till it is added in the legislation itself.
Also it is a sufficient ground for review that the bill had been introduced and passed by both the houses without a single public hearing for a legislation with such far-reaching consequences. We had no time to discuss it and its ramifications in its totality and only adhoc issues could be raised in the protest!
Now AISA and All India Forum to Right to Education have decided to hold a public hearing and thereafter go to Supreme Court agaisnt it. Here is the call:
A Public Hearing on the Right to Education Bill
and UPA's Other Proposals Towards Commercialization of Education
August 7 (Friday), Jantar Mantar, 11 am Onwards
Jury Members:
Prof. Anil Sadgopal, noted educationist
Prof. R.K. Agnihotri, Delhi University
Prof. Minati Panda, JNU
Prof. Nawal Kishore Choudhury, Patna University
Dr. Azra Razzak, Jamia Millia Islamia
Colin Gonsalves, Human Rights Law Network
Kedarnath Pandey MLC, Bihar, Teacher Leader
A. Narasimha Reddy, Vice President, Andhra Pradesh Save Education Committee
The UPA government has passed the farcical “Right to Education Bill”: and the MHRD is busy touting this as a "historic" piece of legislation that will finally open the doors of education and empowerment to each and every child of the country. From its title, the Right to Education Bill passed on 20th July by the Rajya Sabha and on 4th August by the Lok Sabha suggests that its aims to make education a basic right available for all. Sadly, nothing could be further from the truth. The RTE in its present form is a farce in the name of genuine right to education - it designed to keep in place the discriminatory, multi-layered education system that currently prevails. In 1993, in the Unnikrishnan judgement, the Supreme Court declared that from birth until the age of fourteen, children were entitled to free and compulsory education and this was accorded the status of a basic right. This is how the genuine Right to Education is best defined.
In contrast, what the new bill promises is laughable. It states:
Ø That 25% seats in private schools will be reserved for poor students for "free" education in private schools. The government claims that it will pick up the tab for the tuition fees for these children. However, the fact is that the government only promises to provide “vouchers” to poor children equivalent to the admission fees of government schools. Do Mr. Sibal and the MHRD seriously believe that the fees in private schools and government schools are in any way comparable? Also, how will these children from poor families pay ‘picnic’ fees, textbook ‘fees’, sports ‘fees’ and other such expenses that private schools regularly extort?
Ø Even if poor students manage to survive until Class 8, what will happen after this, when the government stops paying their fees? These children will be out on the streets once more, while those of their classmates who could pay the exorbitant fees, will pass Class 12 and go on to enter the hallowed portals of IITs, IIMs or prestigious foreign universities. There is one answer to all these complexities — a Common Schooling System where every school [including the private schools] will be a neighbourhood school. But it is this one solution that all the torturous provisions of the bill could not come close to. The RTE is completely silent on this crucial question.
Ø The RTE is nothing but a blatant attempt of the UPA government to shirk its responsibility to provide universal, affordable and quality education. Instead of handing over education to private schools, shouldn’t the state be working to set up better government schools? We all know how the rising fees of private schools is putting a strain even on middle class budgets. The recent agitations in Delhi against the obscene fees charged by private schools is proof enough.
Ø This is not the first time that the "free" schooling has been promised - residents of Delhi are well aware that private schools in the city were provided land practically free of cost by the government, in return for which supposed to give "free" education to poor children. Exactly how many poor children are able to access these elite facilities is there for anyone to see.
Ø What is also worth noting is the near-consensus in the parliament to support the farce that the UPA is peddling in the name of “Right to Education”.
In both the Rajya Sabha and the Lok Sabha, the RTE was passed unanimously with no opposition whatsoever. The RTE in its present form has several fundamental, structural problems and ambiguities that shelve it of any potential to really provide fundamental right to education as mandated by our constitution and the landmark 1993 Unnikrishnan judgment of the Supreme Court. What is shocking is that the UPA as well as the NDA government before it are trying their level best to undermine and restrict the scope of the landmark Unnikrishnan judgment of the Supreme Court and the fundamental right of education underlined in the constitution under the garb of this "Right to Education Bill".
The farcical Right to Education Bill however is just part of the larger package of commercialisation and privatization that the UPA government has in store. 100-day agenda announced by the Ministry of Human Resources Development (MHRD). Kapil Sibal has promised ‘radical’ reforms in the country’s education system. As you are well aware, the ‘reforms’ in education which the MHRD is advocating are nothing new. They are but a ruse for the government to escape its responsibility towards education and deliver it entirely into private hands. More than a decade of anti-privatization struggles by students have forced Governments to change their vocabulary; to ‘dress up’ their privatization-commercialization agenda in a grand cloak of ‘reform’.
It is in the context of the UPA government's covert plans to sell out our education system to the private sector in bits and pieces that the All India Forum for Right to Education (AIFRTE) and AISA are organizing a Public Hearing on 7th August 2009 (Friday) at Jantar Mantar from 11 am onwards. This pubic hearing will be attended by a wide cross section of society - intellectuals, teachers, students, and residents of Delhi from different sections of society.
We request you to attend the programme.
Ravi Rai, National General Secretary, AISA
9868661628
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Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521
Tuesday, July 21, 2009
Through 93rd Constitution Amendment in 2001, the Indian Parliament had made the right to education a fundamental right, but it took the Central Government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.
The Rajya Sabha on Monday unanimously passed the Right of Children to Free and Compulsory Education Bill 2008, making it obligatory for the government to provide free and compulsory education to every child in India between the ages of six and 14 years.
The Bill now is all set to go to the Lok Sabha. I am surprised that in a country like India, it takes 8 eight years to pass an enactment to ensure a fundamental right guaranteed by the Constitution. Is it because it was brought out by the then NDA Govt? And that had this been done earlier, the credit would have gone to the NDA & BJP? Such enabling legislation should be above party politics and loosing out on such opportunities can only be detrimental to the growth of the nation. Rightly says the Human resources development minister Kapil Sibal, "We are sitting on a great opportunity. We need to grasp it. If we lose it, the consequences will be disastrous."
Highlights of the bill
- 25% seats to weaker sections
- Does away with capitation fees charged by pvt schools before admisison.
- No screening procedure of child or parent for admisison.
- Creation of Child Right panel to look into grievance of parents against schools.
Once parliament passes it will be a fundamental right of the child and any impediment like finance or procedures etc can be of no significance. However, as disability rights activists, we need to look at it from the perspective of education of chidren with disabilities in an non-exclusionary and inclusive set up with appropriate reasonable accommodation to provide a congenial atmoshphere for studies and learning.
Click here to read from source Hindustan Times
RS approves Right to Education Bill
A Bill providing for free and compulsory education as a fundamental right of children in the 6-14 age group – a flagship programmes in the 100-day agenda of the UPA government – was passed by Rajya Sabha on Monday.
The Parliament had made the right to education a fundamental right through the 93rd Constitution Amendment in 2001 but it took the Central government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.
The Bill was introduced in Rajya Sabha in December 2008 and referred to a parliamentary standing committee. It was taken up for discussion after the government had examined the committee’s report.
The Bill earmarks 25 per cent seats to weaker sections in schools, seeks to do away with the practice of schools taking capitation fees before admission, subjecting the child or parents to a screening procedure and giving powers to child rights panels to look into grievances of parents against schools.
On reservation in schools, Human Resource Development Minister Kapil Sibal said it would be up to the states to implement the policy of reservation in admissions. School education is a state subject.
The ministry estimated that Rs 2.28 lakh crore would be required in the next seven years to implement the Constitutional obligation.
Responding to members’ concern on the financial requirement, Sibal said a group was on the job and would provide inputs to the 13th Finance Commission before completion of its term in October this year.
“Once Parliament passes it, it will be a fundamental right of the child. There is no way in the world that we will not have finances,” Sibal said.
Saturday, January 3, 2009
Malls in place of Schools - Does MCD care about Education Infrastructure for coming generations?
I am pained at the insensitivity and perhaps the "it doesn't affect our children for they don't go to MCD's third grade schools for the poor" mentality of the MCD decision makers who don't seem to care! There are approximately 3-5 lacs of children in Delhi who have no access to schools. Schools are very important infrastructure that we create for future generation. Given the space constraint in Delhi, I don't think there will be any space left to create schools once the premises earmarked for some 60 schools is given away to the malls and hotels. I am not against malls and hotels and development but just looking at 2010 games and to make money by selling this land - the MCD has no right to play with future generations!
This children don't come to these schools because these schools have been allowed to decay and degrade to the extent that no parent is intrested to send their children. Instead of upgrading the quality of education and attracting and targeting the out-of-school children, MCD is using the excuse that children don't come to these schools and there is no harm in giving these premises to hotels and malls!! This is absolutely ridiculous!
Please don't take away little available play and education spaces from children in the name of development. This is a cruel joke played on the right to education and neigbourhood school concept. Where will the children of these localities go to study and play if you turn these open spaces in to hotels and malls??
regards
Subhash Chandra Vashishth
15 MCD schools may be turned into malls, hotels
Nitin Sethi & Ruhi Bhasin TNN
New Delhi: The Municipal Corporation of Delhi has hit upon a unique plan to bolster its finances: the civic body proposes to auction 60 school campuses for construction of malls and hotels even as it struggles to cater to the educational needs of nine lakh children, mainly from poor families, enrolled in MCD schools. A proposal to auction 15 of the identified schools has been forwarded to the MCD commissioner even as the corporation faces increasing pressure to cater to more students. Interestingly, MCD had originally planned to sell off only nine schools but has now increased the number to be eventually auctioned to 60.
DO THE MATH
65% of primary schools in city run by MCD.
60 campuses to be auctioned
Proposal to sell 15 schools sent to MCD chief
School in Ashok Nagar is on 1.5 acres; another in Moti Nagar East (2,350sqm) — all areas where no fresh land is available MCD says schools are unused; experts say 3-5 lakh children in city have no access to primary schools
Schools lying vacant is MCD explanation
New Delhi: MCD had originally planned to sell off nine schools but has now increased this number to 60. The MCD’s reasoning is that the schools are lying vacant and unused. But the civic body seems to have forgotten that it is mandated to provide an essential service through its neighbourhood schools and not to hand over prime plots to developers. The demand for
schools, in particular those offering education at reasonable costs, is unlikely to flag.
Confirming MCD’s plans, Prithviraj Sahni, chairman of the education committee, told TOI, ‘‘We have identified 60 schools that have been lying vacant. A proposal to auction 15 has been forwarded to commissioner K S Mehra.’’ While MCD seems to be eyeing schools — some of them by its own admission in good condition — as lucrative land to be sold off to earn a few big bucks, experts point out that an estimated 3-5 lakh children have no access to primary schools,
considering the city’s large migrant population. MCD’s refusal to consider reviving the schools is surprising, considering the Delhi government has repeatedly asked the corporation to hand over the campuses to it as state government-run schools are overflowing with students and lack space and infrastructure. MCD runs roughly 65% of primary schools in the Capital. While Sahni said the corporation was moving ahead to auction the schools, the MCD commissioner, on the other hand, claimed he was not aware of any such proposal. While 15 schools are up for grabs, Sahni said the other 45 would be used by MCD for different purposes. TOI accessed the
list of schools MCD plans to break down and it throws some light on why MCD wants to sell them off — some of them are sitting on large plots in areas where no fresh land is available. In Ashok Nagar, the school likely to go on the block occupies 1.5 acres. The one in Karanpur sits on 3,158 sqm while the campus in Moti Nagar East has a 2,350sqm plot. Said Vijendra Gupta, MCD standing committee chairman, ‘‘If such a proposal comes before us, we will carry out a detailed study. We will ensure that it is in public interest.” toireporter@timesgroup.com