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By Rajkamal Rao
Go back to Education
Section 7a: Recent Changes
For the first time since the country’s independence, the Indian government has taken definite action towards the education challenges faced by the nation.
A 2010 law - the Right to Education Act (REA) - mandates that students of all economic backgrounds are assured of admission even to private schools regardless of their ability to pay. Under the law, every child between the ages of 6 and 14 can demand free, primary school education.
But forcing private schools to accept students regardless of their ability to pay is clearly a controversial statute and appears to violate the principle that private property cannot be be taken for public use without just compensation. Private schools therefore petitioned the Indian Supreme Court saying that the law violated their autonomy and was a drain on their resources. But in a decision reported on April 12, 2012, the Supreme Court affirmed the law, granting exceptions only to schools run by minority groups that receive no government funds.
A New York Times story on December 31, 2011, said that the REA when it took effect in April 2010, enshrined, for the first time, a constitutional right to schooling. The Times noted that “for a nation that had never properly financed education for the masses, the law was a major milestone .... which also enacted new regulations on teacher-student ratios, classroom size and parental involvement in school administration that are being applied to government and private schools. Any school that fails to comply by 2013 could be closed.”
Although the law is now in effect, millions of school-age children continue to not attend school. And private schools continue to flourish.
Go back to Education
Section 7a: Recent Changes
For the first time since the country’s independence, the Indian government has taken definite action towards the education challenges faced by the nation.
A 2010 law - the Right to Education Act (REA) - mandates that students of all economic backgrounds are assured of admission even to private schools regardless of their ability to pay. Under the law, every child between the ages of 6 and 14 can demand free, primary school education.
But forcing private schools to accept students regardless of their ability to pay is clearly a controversial statute and appears to violate the principle that private property cannot be be taken for public use without just compensation. Private schools therefore petitioned the Indian Supreme Court saying that the law violated their autonomy and was a drain on their resources. But in a decision reported on April 12, 2012, the Supreme Court affirmed the law, granting exceptions only to schools run by minority groups that receive no government funds.
A New York Times story on December 31, 2011, said that the REA when it took effect in April 2010, enshrined, for the first time, a constitutional right to schooling. The Times noted that “for a nation that had never properly financed education for the masses, the law was a major milestone .... which also enacted new regulations on teacher-student ratios, classroom size and parental involvement in school administration that are being applied to government and private schools. Any school that fails to comply by 2013 could be closed.”
Although the law is now in effect, millions of school-age children continue to not attend school. And private schools continue to flourish.
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