State of the nation: RTE section 12(1)(c)

By: Contributor(s): Publication details: Indian Institute of Management Ahmedabad Ahmedabad 2015Description: 159 pSubject(s): DDC classification:
  • 379.260954 I6S8
Summary: Segregation in access to education in India had been escalating since the 1970s when a large number of private schools capitalized on the opportunity to provide separate schools for the middle class. This initial segregation was further perpetuated with a boom in the availability of low-fee private schools catering towards lower income families. With the shift of the Right to Education from a Directive Principle of State Policy to a Fundamental Right, came Section 12(1)(c) of the Act. The clause imposes a legal obligation upon private unaided schools to reserve 25 percent of the seats in the entry-level class for children from Economically Weaker Section and disadvantaged categories. The intention behind this provision is to ensure that the states as well as other stakeholders in society share the obligation of realizing the right to free and compulsory elementary education. The increased prevalence of unaided private schools makes them a natural stakeholder to the fulfilment of this obligation. The mandate should also be understood as an effort to arrest the increasing segregation in Indian schooling and promote an environment of knowledge sharing between different sections of society to encourage the narrowing of current societal divisions. It has the potential to impact 1.6 crore children from EWS and DG categories in the next eight years. However, the implementation of this provision faces numerous challenges. This report looks at Section 12(1)(c) from the administrative, legal, and financial perspective to highlight the challenges and to recommend suggestions for improvement. (http://www.cprindia.org/research/reports/state-nation-rte-section-121c-report)
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Books Vikram Sarabhai Library Rack 26-B / Slot 1258 (0 Floor, East Wing) Non-fiction General Stacks 379.260954 I6S8 (Browse shelf(Opens below)) Available 192108

Table of Contents:

CHAPTER 1: INTRODUCTION 15

Section 12(1)(c) in Context 15
The State of the Nation Report 15
Layout of the Report 17

CHAPTER 2: STATE REPORT CARDS 19

Objectives 19
Part A: Assessment of Notifications and Rules 19
Part B: DISE Data Analysis 23
Part C: Limits on Scope of the Analysis 24
Part D: Disparity in DISE and SSA data 26
Part E: State Wise Analysis of Rules and Notifications and DISE Data 28
NOTE 2: REFLECTION ON FORMULATING POLICY AROUND
SECTION 12(1)(c) OF THE RIGHT TO EDUCATION ACT 114
Amit Kaushik
State of the Nation: RTE Section 12(1)(c) | 7

CHAPTER 3: LEGAL LACUNAE IN SECTION 12(1)(c)

OF THE RTE ACT AND ITS IMPLEMENTATION 116
Context – Towards Section 12(1)(c) 116
Legal Lacunae in Section 12(1)(c) 117
Recommendations 123

CHAPTER 4: PER CHILD RECURRING COST
AND REIMBURSEMENTS: ISSUES AND WAY FORWARD 126

Issues 126
Suggestions 128
Conclusion 130
NOTE 3: THE RTE EXPERIENCE IN DELHI-GOOD NEWS BUT NOT ALL THE WAY. 132
Shailaja Chandra

CHAPTER 5: LEARNING FROM THE STATES 134

Introduction 134
Part A: Jaipur, Rajasthan 134
Part B: Pune, Maharashtra 138
Part C: Rajasthan and Maharashtra comparison 142
Part D: A guide for implementation 142
NOTE 4: THE POTENTIAL OF CHILDREN FROM
FINANCIALLY AND SOCIALLY WEAKER BACKGROUNDS 144
Sister M. Cyril Mooney

CHAPTER 6: THE WAY FORWARD 147




Segregation in access to education in India had been escalating since the 1970s when a large number of private schools capitalized on the opportunity to provide separate schools for the middle class. This initial segregation was further perpetuated with a boom in the availability of low-fee private schools catering towards lower income families. With the shift of the Right to Education from a Directive Principle of State Policy to a Fundamental Right, came Section 12(1)(c) of the Act.

The clause imposes a legal obligation upon private unaided schools to reserve 25 percent of the seats in the entry-level class for children from Economically Weaker Section and disadvantaged categories. The intention behind this provision is to ensure that the states as well as other stakeholders in society share the obligation of realizing the right to free and compulsory elementary education. The increased prevalence of unaided private schools makes them a natural stakeholder to the fulfilment of this obligation. The mandate should also be understood as an effort to arrest the increasing segregation in Indian schooling and promote an environment of knowledge sharing between different sections of society to encourage the narrowing of current societal divisions. It has the potential to impact 1.6 crore children from EWS and DG categories in the next eight years.

However, the implementation of this provision faces numerous challenges. This report looks at Section 12(1)(c) from the administrative, legal, and financial perspective to highlight the challenges and to recommend suggestions for improvement.

(http://www.cprindia.org/research/reports/state-nation-rte-section-121c-report)

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