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Journalism of Courage
If you thought that the Government has guaranteed free elementary education for children between six and 14 with the 86th Constitution amendment, then think twice. Now that the enabling legislation, 8216;8216;The Free and Compulsory Education Bill8217;8217;, is ready and has been circulated for opinion, it appears that what is being created in the process is a nationwide maze of red tape.
Section 3 1 of the Bill is creating a new body to come up in every local body area whether it be municipality or village panchayat. It will be called the Basic Education Authority. Three months before the beginning of a financial year, they will have to submit plans to their respective local authorities and outline the 8216;8216;strategies to be followed to get all children to school8217;8217;.
The local authority will have to check on attendance. It has been given the option to set up an 8216;8216;attendance authority8217;8217;. This authority is not the only watchdog. Section 6 says 8216;8216;every local authority shall form a citizens8217; committee8230;to monitor the conditions of children and ensure their enrolment in schools.8217;8217;
The bill allows for a grievance redressal authority. It will be headed by the district magistrate and will have four others as members, two of whom have to be educationists from the district. The grievance redressal authority will take action against basic education authorities if there are complaints that they are lagging behind in their schedule of setting up schools.
Forget about these multiple authorities, the law is unlikely to be enacted immediately. The Bill is ready but it appears that the Human Resource Development Ministry will complete consultation with political parties and table it in the Parliament in the coming winter session.
A senior HRD official said: 8216;8216;We wanted to get the feedback of the political parties before it was placed in Parliament. Otherwise, objections raised in Parliament might result in the Bill being handed over to a select committee and its passage delayed. The political parties are yet to send us their opinion.8217;8217;
The Government claims it had completed consultation with education planners, teachers8217; representatives and states. While drawing up the legislation, it had consulted the three pivotal ministries of Law and Justice, Home and Finance. Once the ongoing political consultation is over, it will be sent to the Union Cabinet and then introduced in the Parliament.
But the passage in Parliament and Presidential assent does not mean that the law would be enforced. In the very first section, the Government, aware that the rural infrastructure to guarantee the exercise of this fundamental right is far from ready, has inserted some escape routes.
For example, Section 13 states: 8216;8216;It the Act shall come into force on such date as the Centre by notification in the Official Gazette appoint and different dates may be appointed for different provisions of the Act.8217;8217; Allowing different provisions of the Act to be enforceable on different dates implies the Government does not want to come under pressure.
Section 43 also insists: 8216;8216;The government could be either the Centre or the state shall provide the school facilities 8230; at the earliest and, in any case, not later than one year after the notification of the Act.8217;8217;
