The Grievance Redress System under the Right to Education Act

2019 ◽  
pp. 280-329
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Education System ◽  
Current System ◽  
Right To Education ◽  
Education Act ◽  
Right To Information ◽  
Set Up ◽  
The Right

Chapter 5 examines the conceptual set-up of the grievance redress system created by the Right to Education Act, and analyses studies on its performance. It highlights the deficiencies of the current system, and compares it to other, more effective systems such as grievance redress under the RTI Act. The different institutions that are part of the grievance redress system are either not sufficiently independent or do not have sufficient competences to enforce their ‘judgments’. These deficiencies, as well as additional implementation issues, also translate into a malfunctioning system ‘on the ground’. The chapter also examines other grievance redress systems for different state services (for instance, the ones created by the Right to Information Act), highlighting that some of the deficiencies found in the right to education system are actually not universal.

scholarly journals A Comparative Study of Impact of “No Detention Policy” on Different School Boards in West Bengal

2016 ◽  
Vol 3 (4) ◽  
Author(s):  
Dr. S Rehan Ahmad ◽  
Dr. Ajay Behera ◽  
Mohammad Un Nisa
Keyword(s):  
Comparative Study ◽  
School Board ◽  
School Boards ◽  
West Bengal ◽  
Right To Education ◽  
Assessment Technique ◽  
Class Viii ◽  
Education Act ◽  
Set Up ◽  
The Right

The “Right to Education Act 2009” accommodates no confinement of any understudy till Class VIII. Be that as it may, there has been much civil argument on this condition, with surmounting weight for renouncement of the No-Detention Policy and Continuous and Comprehensive Learning. In any case, “No confinement” does not signify “no evaluation”. CCE is the assessment technique under NDP, where evaluation is for learning” and not mere passing or failing. The present study is to assess the effect of No Detention Policy on schools under four major boards in West Bengal named, State Govt. School Board, State Govt. Madrasah Board, CBSE Board and ICSE Board.  To perform the same, three unique sorts of Schedules to be specific as Schedule –T, Schedule –P and Schedule –S have been set up for instructors, Parents and Students respectively to assess the effect of NDP by the relative investigation of these three schedules. After near study it is found that ICSE board is slightest affected and WBMB are exceedingly affected by this policy, rest board is in the middle of these two boards. The order in which the schools are influenced are as following ICSE board, CBSE board, WBSEB   & [In ascending order]

The Journey to the Right to Education Act, 2009

2017 ◽  
pp. 122-141
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Education System ◽  
Right To Education ◽  
Grass Root ◽  
Independence Era ◽  
Education Act ◽  
The Government ◽  
The Right

This chapter chronicles the evolution of the Right to Education Act. After listing the evolution milestones of the education system from pre-independence era, the chapter identifies two judicial orders in the early 90s, in the cases of Mohini Jain and Unnikrishnan, as the impetus to a move towards RTE. Several NGOs used the opportunity to start a campaign for education as a fundamental right till they formed a broad coalition under the banner of NAFRE in the late 1990s that intensified grass-root campaign for RTE. The campaign and PILs pushed the government to amend the constitution in 2001 to make education after age six a fundamental right. A long legislative journey ensued that led to the enactment in 2009. None of the existing theories fit the entire journey though some stages correspond to different specific frameworks.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

The Right to Education in India

2019 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Private Education ◽  
The State ◽  
Legal Empowerment ◽  
Right To Education ◽  
The Poor ◽  
Potential System ◽  
Education In India ◽  
Alternative Means ◽  
Education Act ◽  
The Right

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

scholarly journals Comparison of Educational Facilities of Mentally Challenged Children of Special School and Government School in Kolkata

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Phalguni Bhattacharya
Keyword(s):  
Education System ◽  
Special Educators ◽  
Special School ◽  
Educational Facilities ◽  
Right To Education ◽  
Special Schools ◽  
Government Schools ◽  
Government School ◽  
Inclusion Education ◽  
The Right

Purpose: The present study examined the right to education of mentally challenged children in special schools and government schools to compare educational facilities and availability of special educators. Method: Sample of 40 special schools mentally challenged children and 40 Government schools under inclusion education system mentally challenged children of both gender participated.Similarly10 teachers of five special school and 10 teachers of five govt. school under inclusion education system. Measures used were self-made questionnaire. Result: Percentage revealed that Governmental facilities and availability of special educators significantly differ between special schools and Governmental schools under inclusion education structure. Contribution of the Research: After implementation of right to education act, education becomes the fundamental right of each and every child. Article 21-A included disabled children in this act. The contribution of the study is to betterment of Governmental facilities for all mentally challenged children of both schools and maintain proper ratio in class between special educator and mentally challenged children. Therefore the study enlightens more awareness among society about inclusion education system for mentally challenged children.

The right to education act (2009): Instructional medium and dis-citizenship

2018 ◽  
Vol 2018 (253) ◽  
pp. 149-168 ◽  
Author(s):  
Usree Bhattacharya ◽  
Lei Jiang
Keyword(s):  
Mother Tongue ◽  
Compulsory Education ◽  
Instructional Medium ◽  
Home Language ◽  
Medium Of Instruction ◽  
Right To Education ◽  
Language Of Instruction ◽  
Marginalized Groups ◽  
Education Act ◽  
The Right

Abstract While the broader ambition of the Indian government’s Right of Children to Free and Compulsory Education (RTE) Act (2009) has been lauded, scholars have expressed reservations with the universal education measure. One area that has not been adequately addressed within these debates is the instructional medium. While RTE (2009) recognizes children who are “disadvantaged” as linguistic minorities, and stipulates that the “medium of instruction shall, as far as practicable, be in child’s mother tongue”, it offers little further direction. India is home to more than 1,652 languages, but only 43 languages function as instructional media. Therefore, the majority of children learn in a tongue that is not their home language, experiencing serious educational disadvantages. How this issue complicates the intent of the RTE (2009) Act remains to be explored. This article examines this gap using the theoretical lens of dis-citizenship, which is conceptualized in terms of exclusions experienced by marginalized groups. Here, we focus on those marginalized by the language of instruction. We investigate questions about language access, inclusion, equity, and rights arising from RTE (2009), within the narrative of India’s complex, hierarchical multilingualism.

scholarly journals The Emergency of Satellite Schools and Access to Education in Zimbabwe: Leveraging the Human Rights Agenda

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Pfuurai Chimbunde
Keyword(s):  
Land Reform ◽  
Economic Status ◽  
Access To Education ◽  
Right To Education ◽  
Education Act ◽  
The Government ◽  
Satellite Schools ◽  
The Right ◽  
New Farmers

While the Land Reform Programme (LRP) in 2000 and beyond was camouflaged as a distributive justice schema aimed to better the socio-economic status of the Indigenous people in Zimbabwe, it precipitated educational injustices for students arising from the creation of an education landscape marked by inequitable access to education. The study, undertaken after 20 years since the inception of the LRP, sought to check the progress made thus far by the Government of Zimbabwe to enhance access to education by children of the new farmers. Informed and guided by the international normative frameworks of the right to education, of which Education For All (EFA) and the Zimbabwean Education Act (1987) are part, the case study cast in the qualitative approach, presents constructed narratives of three primary school learners and their three teachers at one purposively selected satellite school. The study finds that as much as the advent of the LRP worked to bring equal access and redress in land appropriation between the settlers and natives, a new form of injustice has resurfaced as reflected by challenges of equitable access to education.

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