No private school is outside the ambit of Right to Education Act

Dear colleagues,

The Supreme Court on 12th April 2012 (Thursday) upheld the constitutional validity of the Right to Education (RTE) Act, 2009, which mandates 25 per cent free seats to the poor in government and private unaided schools uniformly across the country.

By a majority view, a three-judge bench of Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantanter Kumar said the Act will apply uniformly to government and unaided private schools except unaided private minority schools. 

While upholding the Constitutional validity of RTE Act, Honorable Supreme Court of India has ruled that no educational institution - including the private schools (except the minority schools) are beyond the provisions of Right to Education Act. This particularly aids the marginalized segments including the disabled children to seek admission in the nearest school of their choice. The judgement will apply henceforth and not with retrospect.

40 percent teacher vacancies are still unfilled

However, I do not feel that this alone can ensure quality education to all children in India. Has the Government of India and those of various states given any thought to fill over 40 percent vacancies of teachers lying vacant. In Uttar Pradesh alone, the state government has  advertised vacancies of 72800 alone for primary level in 2011 which have not been filled up till date due to vested interest. Thousands of primary schools in UP are running on one Teacher and one Shikshamitra only whereas there is a requirement of minimum 5 teachers to man the school. Consider the quality of education when the sole trained teacher goes on leave!

Similarly, in Karnataka, about 30 per cent of the 76 lakh primary school children  go to unaided private schools, mostly in urban areas, according to District Information System for Education (DISE) data. A 25 per cent reservation in Class I for the disadvantaged/economically weaker sections in these schools would impact about 1 per cent of the school-going child population. 

Accordingly to recent government studies,  at primarily level alone,  in addition to the 5.23 lakh vacancies, another 5.1 lakh teachers are needed to meet the pupil-teacher ratio specified under the Right to Education Act. Of the teachers already on the job, 7.74 lakh are largely untrained or without the needed qualifications.

At secondary level, the Rashtriya Madhyamik Shiksha Abhiyan requires that 1.79 lakh new teachers be appointed with special focus on teachers for English, mathematics and science.

The court order is welcome and the spirit behind the reservation of seats in private schools is  laudable, however the priority and focus of India’s education system should be on what needs to be done to improve the quality of education in government schools, where 80% of our children are enrolled. The huge challenge that the state faces in addressing the deficiencies of the education system can be explained through the existing teacher-pupil ratio in rural India. 

Quality of Education in Govt School is driving parents to Private Schools

Similar is the situation across the nation. Can the Government ensure quality of education with such ill trained manpower. Isn't this a purposeful ploy to degrade the state education to such low level that the gullible parents and children are forced to opt for private schools? 

In a recent visit to a remote small village in UP, I learnt that a private school has come up in the recent past in that small village in past few years. Though the children of the village have their names on the rolls of the State run government school while most of them went to the private school for education. Few children  who continue to go the state run school were the ones whose parents were so poor that they could not afford the school fee. I was surprised to see that even those who went to private school were not very good financially. One could imagine at what cost the parents were sending their children to private school in the hope of a good future of the child.  I had an opportunity to visit both schools and I saw the difference. The only teacher available in the Government school told me that they could either complete official paper work and mid day meal or control (not teach!) the children from different classes under one roof. The teacher shared that it was just not possible for a single teacher to manage 5 primary classes, paper work of the school, maintenance of registers, preparing mid day meal and also attend to miscellaneous duties of election etc for which they get deployed by the state government.  

Need of focusing on improving quality of Govt Schools

The RTE Act is a historic piece of legislation because it gives a legal right to free education to children between the ages of six and 14 and makes the government responsible for providing it. And the RTE implementation must focus on improving standards in government schools. Need is to correct the skewed  teacher-pupil ratio and whole education infrastructure to generate the confidence in people. The states have to come forward with a political will to ensure that the rights of compulsory and free education becomes a reality and poor are not forced to send their children to private schools at the cost of essential requirements of life such as food, health, house and clothing.

Mechanisms & political will to regulate private schools

Another issue is how to implement the RTE in private schools. The state is not able to provide this right in their own school then how will they implement this in the private school is a huge question that is haunting the concerned citizens. The capitation fee/ donation is though banned under this Act, however, there are several ways the private schools can bypass this.  Hence, unless mechanisms are proposed and strictly implemented, I don't see the benefits of such a wonderful legislation would be reaped by the "aam admi" of this nation.

Inclusive parks/playgrounds of Kilikili get UNESCO pat

Dear colleagues, 

The efforts of Bangalore based Kilikili - an organisation initiated by Ms. Kavita Krishnamoorthy, a special educator and architect, have found pat from none other than UNESCO. Here is the news report from DNA.

UNESCO pat for disabled-friendly parks in Bangalore

Published: Friday, Mar 2, 2012, 11:54 IST 

By Subir Ghosh | Place: Bangalore | Agency: DNA

When a group of parents with differently abled children came together in 2005 to lobby for parks and playgrounds in the city be made accessible to such children, they faced an uphill task.

They were not sure if the move would work. But some six years later, the initiative is being lauded by UNESCO as a success story, that can be emulated the world over.

The initiative in question is Kilikili, a Bangalore-based trust that was set up to create inclusive neighbourhood play spaces for all children, regardless of their abilities, and to involve children in the design process. The Kilikili case study finds place in UNESCO’s ‘The State of the World’s Children 2012’ report that was published on Wednesday. This year’s annual report focuses on making cities fit for children.

Former Bruhat Bangalore Mahanagara Palike (BBMP) commissioner K Jairaj bought the idea that came in the form of a visually attractive proposal from Kavita Krishnamoorthy, the managing trustee of Kilikili. The pitch was drafted by a core group comprising Krishnamoorthy, an architect and a special educator, that was formed after an initial round of consultations with parents, schools, and of course the children.

The first project, that sought to make parks and playgrounds disabled-friendly, was set up in Coles Park. The success of the project prompted the BMPP and Kilikili to replicate the idea at 

MN Krishna Rao Park in Basavangudi and Gayatri Devi Park in Rajajinagar.

Krishamoorthy remains unassuming about the Unesco mention, and talks of the tasks ahead. Her organisation, which runs with only two part-time employees, has pitched ideas for similar projects in Jayanagar, Jeevan Bima Nagar and Whitefield. “We are pursuing the BBMP to implement the projects, but these things eventually take up a lot of time to bear fruit.”

The BBMP bears all the costs to make the parks friendly for children with special needs. Kilikili, for its part, networks with parents, schools and volunteers, and works towards developing a community around a project area.

Once the BBMP’s part is done, it is this community that takes over. “Parents of children with special needs usually don’t want to come alone,” says Krishnamoorthy. But the support that the Kilikili initiative elicited, particularly from the residents of these areas, has possibly kept her going. Kilikili is hardly an organisation — it is a network.

What bothered Krishnamoorthy initially was about the invisibility of children with disabilities from the mainstream. Her project, therefore, works on inclusion. Besides the weekly trips to parks that are organised by the schools, Kilikili holds events in these parks every three months, where all children participate. ‘Normal’ children get the chance to interact and play with those with special needs.

During initial consultations that the core group held in 2005, one of the refrains that had cropped up frequently was “other children don’t talk to us since they don’t understand us.” These events seek to sink the differences.

All, however, is not hunky dory. Lack of maintenance work by the BBMP at Coles Park has forced parents and schools to stop bringing the children here. It has been almost a year now, and Krishnamoorthy rues that the “work indeed progresses very slowly.” For instance, the ramp at one of the gates still exists, but the railing has fallen off.Repeated complaints have fallen on deaf ears. The ball is definitely in the court of BBMP. Its role in the project too has been lauded in the Unesco report.

The two other projects, however, have been very successful. Last year, close to 2,000 children had visited the two parks.

Krishnamoorthy understands the need of children. She was herself the mother of athree-year-old boy with special needs when a casual remark by her husband about lack of adequate facilities at a park had set her thinking.

Six years later, she and her colleagues are working on a technical manual that would help the BBMP design parks and playgrounds that address crucial needs of children with special needs.

Travel Another India: Indian Railways for people with disabilities

Dear Colleagues,

Its very scary for a wheelchair users to travel in Indian Railways despite their tall claims of providing facilities for disabled passengers. The railways is not run professionally, its like a cake / prize which is shared by the political party supporting the Government- thanks to coalition politics.

Railways is too slow in taking any steps and reason given is that it is too huge an organisation. Their conduct shows that they have been least interested in filling up the employment seats reserved for the disabled under the garb that disabled are a threat to security and safety if employed on several posts (which they term as technical or safety posts though there is nothing technical about many of them) until the high court of Delhi ordered them to do so on a petition by AICB.

Currently there is only lip service. There are few officers who are sincere and serious but the overall attitude and systems do not look geared up to think about accessibility as a priority issue! They do things because courts are directing them to do and there is no pro activeness on the part of Railways which is a sad thing.

That they take this issue up on priority, they need to be pushed hard through all means.

Here are some experiences from our dear friend Ms. Shivani Gupta on her travel in Indian Railways. Its scary and indicates all is not well there for disabled people. The answer as the sector feels is not special coaches for disabled but mainstreaming of disability concerns in the mainstream coaches on the basis of universal design so that persons with disabilities could travel with families and not in to secluded "so called coaches for disabled".

Travel Another India: Indian Railways for people with disabilities: 

It was going to be a train trip for me soon after a long time. I was traveling to Puttaparthi by Karnataka Express for darshan of Sri Satya Sai Baba along with my father who is a staunch devotee.  For a number of people train travels were something to look forward to and enjoyable. In fact they were enjoyable for me to till I became severely disabled having to use a wheelchair. Since I became disabled I tried to avoid train travels as much as possible but considering that it was the most affordable means of travel I was forced to use it on occasions.


My father made the bookings well in advance. The railways gave a considerably large concession on the ticket for the disabled traveler and one escort traveling with them making the travel very cheap. We had heard about a ‘Handicapped Coach’ that the railways had introduced in every train. But it was an unreserved coach so a disabled passenger could not reserve it and as a matter of safety and convenience a disabled person would rarely travels unreserved, therefore this coach was useless for us as it still remains to be for most disabled travelers  .........read more at.. Travel Another India: Indian Railways for people with disabilities

Media has a larger role in breaking disability stereotypes

Dear Colleagues,

Here is an article on a workshop conducted by DLU (North East), Shishu Saroti, Guwahati

 on the role of Media vis-a-vis the Disability Sector"  published in The Sentinel. Several such initiatives are needed for most sectors since it is the wrong portrayal of persons with disabilities that reinforces the  age old prejudices and biases. 

Not because it is done intentionally but there is lack of awareness among the masses, the society, the media, the judiciary, the government babus, the medical and para-medical fraternity and above all the  family members of persons with disabilities and worst - persons with disabilities themselves!. Such eye-opening sessions are needed for every one and should be conducted more often in schools & colleges too!  

Media should help reduce prejudices against disabled persons

Media should adopt a rights-based approach rather than a charity approach while reporting about persons with disabilities. — Arman Ali

By our Staff Reporter

GUWAHATI, March 17: “People with disabilities are often perceived as different by normal people. They are also discriminated against. This is unfortunate and should not happen. Disabled people too have hopes and aspirations like normal people. They should not be made to feel as if they are different and should be given equal opportunity to move forward in life, like the rest,” said Shishu Sarothi executive director Arman Ali while addressing an orientation programme held in Guwahati today on the topic ‘Role of Media vis-a-vis the Disability Sector’. The programme was organized for mediapersons by the Disability Law Unit- Northeast, Shishu Sarothi.

Ali further said, “The families of disabled persons should accept them with their weaknesses and strengths. A proper environment should be created at home so that they can feel encouraged to pursue their dreams.” He added, “Unfortunately, the government is also not doing enough for the disabled people. It should make provisions for such persons.”

He called upon the media to adopt a rights-based approach rather than a charity approach while reporting about persons with disabilities.

Speaking at the programme, senior journalist Prabal Das said, “In India, even though social and humanitarian issues get written about in newspapers and magazines, the disability issue has not been highlighted much. Media should portray disability in such a way so as to help increase awareness throughout society about the realities faced by disabled persons, reduce stereotypes, prejudices and harmful practices. Shishu Sarothi, which is building hope among the disabled people, should guide the media on how to portray the disability issue.”

Das lamented the fact that the Indian media usually highlights the disability issue during the Para Olympics.

Disability Law Unit-Northeast assistant project coordinator Amvalika Senapati said that as per the 2001 census, there were 5,30,300 disabled persons in Assam. As per the WHO report, 2011, there are 31,16,927 persons with disabilities in Assam.

She said, “Disability, whether mental or physical, does not disable a person. Discrimination, social stigma and poverty does. The media exerts a powerful influence on the way people with disabilities are perceived. It is important that persons with disabilities that they are portray realistically and that their disabilities are explained accurately.”

Examples of denial of right to education in respect of children with disability in the various districts of Assam, inaccessible public places and empathy of various authorities in implementing the laws and schemes in respect of persons with disabilities was highlighted by her. She highlighted how there were no provisions for disabled persons in railways stations and the ISBT.

During the programme, many points were highlighted. The media, it was said, should raise awareness about the challenges faced by persons with disabilities, bring discussion of disability into the public arena to challenge the idea of it as a taboo subject, promote policies, products and services that support full participation and development of disabled persons, avoid labels like ‘disability’ or ‘mental’ which have negative stereotypes or myths associated with them, allow persons with disabilities to speak for themselves, encourage and to expose common myths about disability.

Source: The Sentinel

Delhi Government's New Admission Guidelines voilate the RTE Act 2009

Dear Colleagues,

Directorate of Education, Delhi Government has recently issued Guidelines for Admission to Pre-primary/Class I in Sarvodaya Vidyalayas  dated 27 Feb 2012 . This guideline seeks to reserve 15% seats for SC; 7.5% for ST; 3% seats for PH; 2% for wards of employee of Directorate of Education. While this allocation may look very reasonable, however, to our amazement, this is utterly against the mandate of the RTE Act 2009. 

Such a reservation can not be permitted  under the Right of Children to Free and Compulsory Education Act, 2009 (in short RTE Act, 2009).  What will happen to the right of every child to seek admission in the neighbourhood schools? What will happen if the category for whom reservation is made doesn't live in a certain neighbourhood? Is the Government going to bring them from some other corner of the city? Will that not be against the concept of neighbourhood schools? What will happen to children from disadvantaged sections and those from weaker sections as defined in the RTE Act?

To me this amounts to introducing  a screening process of some kind which is actually against the spirit of RTE Act and is punishable under the law. This basic exercise should have been done by the Directorate officials before issuing such an illogical and contradictory provisions in the Guidelines. 

I am sure the officials are well aware about the provisions of the RTE Act which mandates in section 3 that every child from 6-14 years has a right to free and compulsory education in the neighbourhood schools till the completion of elementary education. Therefore, screening processes of this nature should not be used to deny admission to children since this would be violation of the RTE Act 2009

I strongly support our colleague Mr. Ashok Agarwal who has challenged these guidelines and this would be in fitness of things that the guidelines be suitably amended/modified.

regards

Subhash Chandra Vashishth

Advocate