New norms for schools as SC backs Right to Education

April 13, 2012

SC

New Delhi, April 13: With the Supreme Court throwing its full weight behind the Right of Children to Free and Compulsory Education Act, 2009, (better known as the Right to Education Act or RTE Act) on Thursday, the composition of students in schools as well as the economics of running schools will undergo dramatic changes.

The apex court upheld the constitutional validity of the Act and directed all schools, including privately-run schools, irrespective of the board they are affiliated to, to admit from this academic year (2012-13) at least 25% students from socially and economically backward families. These students will be guaranteed free education from class I till they reach the age of 14.

This means the nature of the classroom will change. Until now, several schools were holding a separate shift for students from poor families after the main school was over. Under the RTE Act, they will have to induct these students in the main class - in other words, 25% of every class will have students from socially and economically disadvantaged families.

While many educationists feel the resultant social integration will make education more meaningful, the reaction of some expensive schools as well as of some parents hasn't been positive. Also, the need to give free education to 25% students is expected to increase the expenditure of schools, which is likely to lead to another round of fee hikes.

The schools will get a subsidy from the government for giving free education (65% of the subsidy will come from the Centre and 35% from states), but the subsidy is not expected to meet the full cost. The government subsidy will be based on the expenditure per student in government schools or Kendriya Vidyalayas, while many private schools spend (or at least, charge as fee) much more.

According to estimates, the government spends Rs 3,000 per child per year for primary education. The Centre has given states the freedom to implement its own grants and aids, but many states are financially broke and the grants vary from state to state. For instance, Delhi gives about Rs 1,200 per child per month, while Haryana doesn't give any aid to schools. Some educationists said that now private schools would have to hike fees as 75% of the class would have to pay for the 25% students admitted under the RTE Act.

Reacting to the Supreme Court order, HRD minister Kapil Sibal said, "I am very happy that the court has set all controversies at rest. One of the biggest controversies was on whether the 25% reservation applies to private schools or not... that controversy has been set to rest."

The court has, however, sought a clarification from the government on applicability of RTE Act to boarding schools and orphanages as the legislation applied only to day scholars. "To put the matter beyond doubt, we recommend that appropriate guidelines be issued under Section 35 of the 2009 Act clarifying the above position," the bench headed by Chief Justice S H Kapadia said.

According to 2007-08 statistics quoted by the Supreme Court, out of the 12,50,755 schools imparting elementary education in India, 80.2% were government run, 5.8% private aided and 13.1% private unaided. Of these, 87.2% of the schools were located in rural areas.

According to RTE activist Kiran Bhatty, former national coordinator for the monitoring of the RTE, several violations had cropped up recently, including non-compliance of the 25% quota for economically weaker sections. Other violations included running two shifts instead of integrating students in the class and conducting admission tests.

While National University of Planning and Administration's vice chancellor R Govinda did not rule out initial "turmoil", he said some "restructuring" on the part of government and private schools was necessary. He added that there was an increasing "ghettoisation of schools" that will now be discouraged. "The full impact will be seen in 7-8 years when the composition of the student community will change," he said.

Madarsas and institutions of vedic learning will continue to be outside the ambit of the Act as the HRD ministry has declared them as institutions of religious instruction rather than educational institutions as described under the RTE.

WILL FEES RISE?

What is RTE?

Free school education up to age of 14 for students from socially & economically backward families

Does RTE apply to all schools?

Yes, even private, convent schools, irrespective of the board. Only madrasas & Vedic schools exempt

What age group does RTE apply to?

To children from age 6 to 14, or from Class 1 to 8

Will there be a fee hike?

Most probably as govt subsidy won't meet full cost of providing free education to 25% students

Will students from poor families be in same classroom?

Yes. RTE says these students must be integrated in the main classroom

Can teachers hold private tuitions?

RTE says that no teacher can take private tuitions

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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