The idea of giving every child the right to be at school is quite an old one. Gopal Krishna Gokhale, one of the prominent freedom fighters, had tried to seek approval for it in the Imperial Legislative Assembly in 1911. He failed. Ironically, even Pandit Jawaharlal Nehru, our first Prime Minister, did not make any special effort to enact and implement an act to make primary education compulsory. We had to wait till 2009, when the UPA Government got such an act enacted, preceded by the 86th Constitutional Amendment, whereby a new article – Article 21A – was inserted, enabling the citizens to demand, as another fundamental right, free and compulsory education of all children in the age group of 6 to 14. The salient features of the RTE Act, which came into effect on April 1, 2010, are the following:

1. Education of children in the age group 6 to 14 has to be free and compulsory, i.e., no type of fee can be charged from the child or his/her parents, and this education is compulsory, which implies that the child's parents can be punished if he/she is not sent to school;
2. It makes provision for admission of over-aged children in age-appropriate classes;
3. It specifies the duties and responsibilities of appropriate Governments, local authorities, and parents in providing free and compulsory education and sharing of financial and other responsibilities between the Central and State Governments;
4. It lays down the norms and standards relating, inter alia, the 'Pupil-Teacher Ratio,' buildings and infrastructure, school working days, teacher working hours, etc.;
5. It provides for the appointment of appropriately qualified teachers,
6. It prohibits: 

1. physical punishment and mental harassment,
2. screening procedures for admission,
3. capitation fee,
4. private tuition by teachers and
5. running of schools without recognition;
7. It provides for the development of a curriculum with the values enshrined in the Constitution, which would ensure the all-round development of the child, building on the child's knowledge, potential and talent, and making the child free of fear and child-centred        learning;
8. Above all, there is a very important provision, which calls upon unaided private schools to reserve one-fourth of their seats for children from economically poor families.

Nevertheless, recent instances in some parts of the country, especially in Mumbai and Delhi, indicate that several rights listed above, as is the case with other fundamental rights, do not automatically come to the help of the people, especially the poor. In an article captioned 'Making it Right' in the 'Indian Express' (August 17), Shri Krishna Kumar, former director of the NCERT (National Council for Educational Research and Training), draws our attention to how a recent verdict by the Bombay High Court has dealt with 'the spanners that State Governments have thrown in the RTE's track.'

The Maharashtra Government attempted to circumvent the provision relating to the obligation of the private schools, listed under '8' above, by stating that "private schools need not implement this provision for two reasons: if resources are being spent for providing easy access to a government school, why should they be duplicated?" This argument is rooted in the rule that the government will reimburse private schools for enrolling students from economically poor families. The other reason originates from the argument that the Right to Education is not "absolute" like other fundamental rights. This argument is quite popular.

Surprisingly, Krishna Kumar says, "A state government is using it, thereby revealing its lack of commitment to a law enacted by Parliament as a follow-up to a constitutional amendment." Krishna Kumar goes on to eulogise the provision listed under '8' above: "RTE's greatest social gift was the mandate it gave for mixing children from different socio-economic backgrounds. It did this by compelling private unaided schools to allot one-fourth of their seats to children from economically weaker sections (EWS). Never before had such a bold measure been legislated to build long-term bridges in a stratified social order".

The struggle of the students from EWS to secure the right to education is not confined to Maharashtra. An instance of a similar struggle has been reported in 'The Times of India' (August 26). In some cases, these students frequently encounter a system fraught with subtle yet profound discrimination, which can adversely affect their academic interest and sense of dignity. As one parent recounts, a teacher was overheard telling a student in front of the whole class, "aap toh EWS wale hain" (you seem to be from the EWS category). Recognising the seriousness of these issues, the Delhi High Court recently, while dealing with a case filed by the parent of an EWS student, observed: "The injury to dignity, felt by a student from the EWS category, who is made to feel unequal to his peers in a privately run school, and even in the eyes of the state, is deeply damaging." The Judge in question (Justice Swarna Kanta Sharma) directed the appointment of a nodal officer to oversee the admission process of EWS students.

It is also relevant to take note of the fact that in several parts of India, the poor, even without availing of the RTE provision, aspire and manage to educate their children in private schools. This is a reflection of the quality of teaching in government schools. Only 45% of children of India study in government schools, as compared to 85% in America, 90% in England and 95% in Japan ("The Class Test" by Rajiv Maharshi and Manish Sabharwal in the 'Indian Express,' July 10, 2021).

Instances of the economically disadvantaged securing the benefits of the RTE Act have been reported from Delhi and Maharashtra, where the populace is more vigilant and participative due to their proximity to the national and commercial capitals of India. However, the situation in other states, particularly in remote rural areas, is dire. In these regions, the intervention of NGOs is crucial. As readers of 'Indian Currents,' a significant number of whom are likely from Catholic and Christian groups, your active involvement is crucial in addressing these challenges.