Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009...
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Transcript of Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009...
![Page 1: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/1.jpg)
Solution ExchangeAction Group on Right of Children to Free and Compulsory Education
Act, 2009
Meeting held on Sunday 25 and 26 April 2010New Delhi
![Page 2: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/2.jpg)
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
![Page 3: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/3.jpg)
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
![Page 4: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/4.jpg)
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.
![Page 5: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/5.jpg)
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
![Page 6: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/6.jpg)
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)
![Page 7: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/7.jpg)
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
![Page 8: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/8.jpg)
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
![Page 9: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/9.jpg)
9
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
![Page 10: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/10.jpg)
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
![Page 11: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/11.jpg)
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]
![Page 12: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/12.jpg)
12
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
![Page 13: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/13.jpg)
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
![Page 14: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/14.jpg)
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’
![Page 15: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/15.jpg)
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
![Page 16: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/16.jpg)
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
![Page 17: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/17.jpg)
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
![Page 18: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/18.jpg)
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
![Page 19: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/19.jpg)
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
![Page 20: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/20.jpg)
20
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
![Page 21: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/21.jpg)
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
![Page 22: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/22.jpg)
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
![Page 23: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/23.jpg)
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)
![Page 24: Solution Exchange Action Group on Right of Children to Free and Compulsory Education Act, 2009 Meeting held on Sunday 25 and 26 April 2010 New Delhi.](https://reader030.fdocuments.net/reader030/viewer/2022032802/56649e025503460f94aec516/html5/thumbnails/24.jpg)
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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:[email protected]