Solution ExchangeAction Group on Right of Children to Free and Compulsory Education

Act, 2009

Meeting held on Sunday 25 and 26 April 2010New Delhi

2

National Level

Issues• Right of Children to Free

and Compulsory Education Act (ROCTFACE Act) does not replace/substitute provisions available under Article 14, 21 and 38 of the Constitution; even some UN Conventions can be used to buttress a case in national/sub national issues

Points for action• For awareness creation

amongst all stake holders

3

National Level

Issues• Muslim children (many) go

to Madrasaas up to the age of 8 years. It is the state’s duty to ensure Free and Compulsory education of children between 6-14 years.

• Is there a conflict?

Points for action• There could be similar

issues with other communities/castes/tribals/Nomadic Tribes/De-Notified Tribes/Semi Nomadic Tribes/Internally Displaced People/Primitive Tribal Groups

4

National Level

Issues• Section 36 provides for

‘prior sanction’ from a designated officer to prosecute under specified sections.

Points for action• Advocate for quick decisions

to designate the officer under this section.

5

National LevelIssues

• Child Labour (Prohibition & Regulation) Act: Need to look at the ‘Regulation’ part in the context of ROCTFACE Act

• All Central Acts that have relevance to ROCTFACE for harmonization

Points for action

• Inputs through the Note on “Child Labour (Prohibition and Education)”

• National Child Labour Project (NCLP) – what happens?

• Ministry of Human Resource Development (MoHRD) and Ministry of Labour and Employment (MOLE) need to discuss ‘together’

• Needs a separate discussion• Need for a check list of other

Central Acts and Sections thereof that need change

6

National Level

Issues• Distance and density of

population

• Schedule: is limited

Points for action• Both of these should be

considered: could it be in the State Rules

• Needs to be expanded at the state level and specify requirements especially for children with disabilities (also look at the first –proposed- Amendment to the Act)

7

National Level

Issues• Age appropriate class: no

definition or guideline on this in the Act.

• Private schools

Points for action• Intent:

6years: Class I7 years: Class II8 years: Class III9 ears: Class IV

` 10 years: Class VAnd so onNeed for rules and guidelines on

Bridge Courses• Need for legislation at the

national level

8

National/State Level

Issues• Definition of Local

Authority: a serious issue as it is loose and can be a window through which a local government is excluded by stating in the rules that a administrative unit/a non-elected person is defined as ‘Local Authority’

Points for action• Use Article 243n: State shall

amend other acts to ensure compliance with PR acts

• Advocate at the national level for an amendment to the Act; suggest that the right-based NREGA should be used as an example

• AND/OR• At the state level when the ‘Local

Authority’ is defined in the Rules, ensure it will be the appropriate elected Local body

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National/State Level

Issues• Some sections under the

Act provide for timeframe; for example Sections 6, 23, 29 etc., but others do not.

• Section 26 on vacancies not to exceed 10% is a constitutional violation

Points for action

• To do basic study to see where such provisions can be advocated for either in the Act or in the Rules of the states; for instance notification of ‘Weaker section’, ‘Disadvantaged Groups’, timelines for Grievance Redressal, ‘Academic Authority’, State Commission for Protection of Child Rights (SCPCR), etc.

• Advocate for its removal; say that 10% more than strict estimates should be recruited, as there will also be those who are on leave at points of time

10

National/State Level

Issues• Ministry of HRD has informed

Government of Delhi to increase the minimum age to 6 years [now it is 5years]. Some states, as is true of Delhi, have five years as the minimum age.

• The Act does not prescribe or define a minimum age

• State level differences exist between definition of Lower and upper Primary schools

Points for action• A controversial issue. A possible

for a variety of actions. State governments could challenge the Central government; cases may go to different High Courts for their verdict;…

• States have been asked to bring it to one standard; implementation issues are bound to arise

11

National/State Level

Issues• 25 % reservation in aided

private schools/schools where the Govt. of India is the appropriate govt., for weaker sections. Difficulty: two separate phrases used: Disadvantaged Groups [in another context] and Weaker Sections

Points for Action• Notifications are to made by

appropriate government [See Model Rules Secn 6, p3, sub-section 5: for transparency]

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National/State Level

Issues• Capacity Building and

development of Administrative Structure

• Capacity Development and Building of Academic Structure, including Teacher Training

Points for Action• Advocacy for the same

• In view of the rights-based approach under ROCTFACE Act, have a Vision and Strategy for Teacher Education (new & incumbents)

• At the state-level advocate for detailing a state level policy and plan with timelines for Teacher Education (new and incumbents); these should address sub-state variations in requirements

13

State Level

Issues• Model Rules only advisory

Section 38: only sub-section 2 is elaborated while section 1 is widerDelhi-Example: the Rules are a lot longer than the Act

Points for Action• At the state level to

advocate for clear, but not constraining, rules that cover a lot larger ground: rules are important

14

State Level

Issues• State level Acts need to be

examined for harmonization/eliminating conflicts with ROCTFACE Act

• Delivery mechanisms harmonization, including inter-departmental (eg. Dept. of Health, women and Child Development, SC, Social Justice, PWD, PHED, etc)

• Non-compliance or lack of transparency at the state level

Points for Action• Advocating for new

legislation/amendments to existing state level legislation to ensure harmonization/compliance with ROCTFACE Act

• State Advisory Council – composition important; all relevant departments need to find a place in the Council; civil society inclusion to be advocated for

• Solution: writ of mandamus issued against ‘responsible party’

15

State Level

Issues• Data Base of requirements

at the state level

• Fund flow: sufficiency and timing

Points for Action• Use Madhya Pradesh as an example

and advocate for the same in other states

• Planning habitation level.• State government to ensure procedures

are specified/modified to ensure funds reach children & on time

• Capacity building of School Management Committee (SMC) on Financial systems and issues

• Civil society could play a useful role in tracking to recommend measures to ensure adequate and timely funds are available at the local level, also for transparency of accounts

16

State Level

Issues• Existing Demand to push effective implementation

of the Act

• Should there be incentives for enrollment and attendance?

• Loss of “income” from child going to school and not work

• Teachers’ Unions

Points for Action• Dissemination by State• Civil society and UN have a role in creating

awareness and ensure demand for education is addressed by effective implementation of the Act.

• Translation of the Act and the Rules in all national languages; in different media for persons with disabilities

• Apart from Mid Day Meal (MDM), Free supply of uniforms, etc, Weigh possibilities and desirability of Conditional Cash Transfers

• Advocate for higher wages.

• Should be part of any advocacy work; take them on board

17

State Level

Issues• Difference between Urban

and Rural settings

• Whose responsibility is it to enforce ROCTFACE: state or local authority; some ambiguity in the Act

• Harmonization of ROCTFACE Act and SSA

Points for Action• To use Rules at the state level to address the

differences in setting

• Legal: National/State• Funds: State, including for funds committed

by the by the Centre under the Act• Implementation: National/State/Local

Authority• To refer state rules to define clearer

accountability and responsibility structures : refer NREGA; State specific Acts

• Responsibility at state level including funding: an area for study

18

State Level

Issues• Education Codes in some

states provide for government action that is not acceptable under ROCTFACE: for instance corporal punishment

• Unrecognized private schools may be unable to meet standards prescribed under the Act

Points for Action• Advocacy at state level to change

the Codes

• Difference of opinion: (i) allow exemption from the appropriate government standards; (ii) appropriate government to subsidize and provide facilities to such schools to meet standards; (iii) no exemptions: no school should operate if they cannot meet the minimum standards prescribed under the Act

19

State Level

Issues• Three important Acts will be

rights based soon: NREGA, ROCTFACE and Food Security

• State to ensure provision of adequate funds to Local Authority

• Inadequate administrative staff , facilities and mechanisms in administration and monitoring

• Inadequate academic staff, facilities and mechanisms

Points for Action• Advocacy at state level to have

Ombudsmen at the district level

• To be provided for in the Rules of the state government; should include fund flow arrangements from state government to local authority

• Provide adequate funds for the same; map requirements

• Provide adequate funds for the same; map requirements

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Local Authority

Issues• Contradiction can come in if

States define an administrative unit as ‘Local Authority’: in such a case 1/3rd Elected Representatives in SMC would be a problem

• Gram Sabhas in Schedule V areas already have powers

Points for Action• Advocate for clear

definitions in State Rules

• Advocate for clear definitions in State Rules

21

Local Authority

Issues

• Why say implementation of ROCTFACE Act is the responsibility of a State?

• Calendar for schools should suit local necessities

Points for Action

• In many states it is already a Local Government responsibility; politicize issues and include as many issues as possible in the State Rules that would strengthen Local governments

• Already under the Act, Local Authority is empowered to set the calendar

22

Local Authority

Issues

• Entitlements of each child under ROCTFACE Act

• Lack of link to children under 6

Points for Action

• In simple language SMC to communicate entitlements of each child– Wall of schools– Audio communication (radio)– AV (television

• Better coordination between Ministry of Women and Child and Ministry of HRD (integration between ICDS and ROCTFACE Act) for viewing education as a continuing process at least between the age of 3 and 14

23

National/State/Local Level

Issues• Capacity Building and

development of Elected Representatives

• Monitoring and evaluation

Points for Action• Awareness building MPs,

MLAs• Training modules for PRIs• Funds • Follow-up after training

• Advocacy for Allocating earmarked funds (to estimate; probably about 4-6% of total funds)

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WHAT YOU CAN DO

• JOIN THE ACTION GROUP• SEND YOUR FEEDBACK AND SUGGESTIONS• TAKE THE INITIATIVE FORWARD TO THE STATES

Kindly give your feedback and suggestions by writing to:se-ed@solutionexchange-un.net.in

ORse-decn@solutionexchange-un.net.in