Analysis of Gujarat State Rules on RTE Act in the light of Constitution of India, U.N. Convention on the Rights of the Child, and United Nation Guidelines

 
Source:rte.orpgujarat.com

United Nation’s Convention on the Rights of the Child (UNCRC) 1989 is the most comprehensive international treaty for child rights and it not only provides the same fundamental freedom to the child as any indigenous person but also grants special privileges to them which are essential for their betterment. It defines a child under its article 1 as any person below the age of 18 years, unless contrary to any law. Similarly, in India as per section 3 of the Indian Majority Act, 1875 every person domicile of India shall attain majority only after completion of 18 years of age and till then every person is considered to be minor. Below this age a person is not allowed to get a driving license, cannot vote and enter into any contract.    

The condition of children is very vulnerable due to the action and inaction of the government and the society in which they live. They need proper guidance for the betterment of their life, and this makes them even more vulnerable. UNCRC hence acts as a guiding standard to enacting laws for the protection of child rights. UNCRC covers rights under 4 major heads namely: economical, social, political and cultural.   

The 4 major aspects of this UNCRC are 1) prevention form exploitation, 2) participation in decisions affecting them, 3) prevention from harm and discrimination and 4) fulfilling basic needs for them.   India is a signatory to the UNCRC and as per article 51, India must abide by the international laws to which it is a signatory to and hence India bought many changes to its law keeping in view the rights of a child. India enacted various laws such as Child and Adolescent Labour (Prohibition and Regulation) Act 1986, Juvenile Justice (Care and Protection of Children) Act 2015, Right to Education Act 2009, Protection of Children from Sexual Offences Act 2012 etc.

Rights of Children to Free and Compulsory Education Act 2009 was enacted with the aim of providing free and mandatory quality education to children between the age of 6 to 14 years. It mainly targets the children who lack the resources to impart education form the schools. Gujarat government also enacted rules in this regard in the years 2012. Initially, education was under the state list but later with the 42^nd amendment in 1976 education was shifted to the concurrent list and hence both centre and the state has the power to make law in this respect. Under article 28 of CRC state shall endeavour to make sure that children have access to education and to make primary education free and compulsory.    

The rules were in lines with the union’s act. The rules went on to say for the schools aided by the government or the local authorities that if the child is desirous of education he can even impart it at the age of 5 as well. Special training to the management staff and the teachers is also specified. A new elementary school can be opened, or a private school can be converted into an elementary school as per the Bombay Primary Education Act 1947 (applicable in Gujarat as well) and Gujarat Panchayat Act 1993. The school has to be within 1 kilometre for classes 1 to 5 and within 3 kilometres for classes 6 to 8. The rules even went on to describe the area in which a school has to be opened and the facilities it must consist of and the size of the classroom and other rooms.  The responsibility is rendered upon the local authorities to make the school safe and accessible to the children and to also keep a record of the number of students. Article 39(f) of the Indian Constitution also give the right to equal opportunity and facilities for providing children dignity and freedom and protecting them from exploitation. And same is provided under article 6 of the CRC that the survival and development of the child is the state’s responsibility.

Rule 21 puts duty upon the school management and parents to encourage the children to go to school regularly and to register the reason for absence. The same is in line with article 28(e) of CRC to reduce the dropout rates form the schools.

Chapter V (section 23 to 30) of the Gujarat rules on RTE deals with the curriculum of the students in elementary school and is in line with article 28 of the CRC. Vocational training and continuous evaluation are provided in the chapter. Basic knowledge for moral science, language, good habits, self-confidence, and numerals are provided for students.  

Special provisions are there for the weaker students or the disadvantaged group for special treatment in order to prevent them from any kind of discrimination. The composition of the school management, school development plan and inspection of the school are categorically mentioned in the rules. And in the end, grievance redressal forum is also present under rule 32. There is the presence of the Right to Education Protection Authority (REPA) under rule 31 in the state which will have the same function as of State Commission for Protection of Child Rights (SCPCR) until it is formed. Even article 2 of the UNCRC says that the government has to ensure the rights of a child irrespective of their guardian’s race, gender, colour, language, religion political or other opinions, ethnic or social origin or another status.    

The Constitution of India also guarantees the protection of child rights under various articles. Under article 21 and 21 A of the Constitution ‘Right to Free and Compulsory Education’ is recognised as a fundamental right by the Supreme Court of India in the case of Avinash v Mehrotra v Union of India 2009. The court went on to say that a safe school and a trained teacher are the duties of the state governments.  Article 39 (e) says that no child shall be forced to any kind of employment which is not in their strength due to any financial constraints. Even article 24 safeguards children from engaging in hazardous employment or work in any factory below the age of 14 years. Article 32 and 34 of UNCRC provides the right to life to children and to protect them from any exploitation, inhuman treatment, violence, drugs any sexual and physical abuse. The same is enforced under rule 6 of the Gujarat government and the duty is conferred to the local authorities to enforce this rule and safeguard the students. They check that no discrimination shall take place while using the facilities of the school.

Child rights are basic human rights that are needed to be protected by the state. They are the country’s future, and their basic needs shall be fulfilled, and the state shall be endeavoured to make an environment that fosters their dignity and protection from all types of discrimination and tortures. The Right to Education is a big move in this regard which would help in the development and nurturing of children till the time they attain maturity.