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What was the sequence of events leading to the 2009 Act?




After the 86th amendment in December 2002 the following actions took place:

 

  • 2003: The Free and Compulsory Education For Children

Bill, 2003 (NDA government)

 

  • 2004: The Free and Compulsory Education For Children

Bill, 2004 (NDA government)

 

  • 2005: The Right to Education Bill, 2005 (June) (CABE Bill) (UPA I government)

 

  • 2005: The Right to Education Bill, 2005 (August) (UPA I government)

 

  • 2006: Central legislation discarded. States advised to make their own Bills based

on The Model Right to Education Bill, 2006 (UPA I government)

 

  • 2008/9: Central legislation revived. The Right of Children to Free and

Compulsory Bill, 2008, introduced/ passed in Rajya Sabha

and Lok Sabha. President’s assent in August 2009. However, the

notification of the Act and the 86th amendment, issued on Feb 19, 2010 in

the Gazette of India, stating that implementation will begin from April 1,

2010, eight months after the presidential assent. (UPA II government).

 

Notice that the word ‘Right’ was missing in the first two drafts of the Bill and was used from the 2005 CABE bill onwards. The central legislation was dropped in 2006 in preference to state legislations based on a token model bill draft, for the recurring ‘lack of central resources’ argument, but it was intense public pressure based on independent financial estimates that made it possible to revive and bring back the central legislation in 2008.

 

This Indian Act is unique from amongst such Acts from many other countries for the following reasons:

 

    • the definition of ‘free’ that goes beyond tuition fees

    • the ‘compulsion’ being on the governments rather than on parents

    • the stress on ending discrimination, and on inclusion

    • prescribing quality principles for the teaching-learning process

    • an external constitutional body for monitoring the Act

    • defining minimum norms and standards for the school

    • addressing the emotional, stress and anxiety issues of children

 

The Act is also momentous since it took over a hundred years to bring it in. If we take 1857 war as the milepost for the fight for India’s independence, it took ninety years, up to 1947, for that to become a reality. But for the Right to Education, it has taken a decade longer, sixty two of those years being after the nation became independent. That gives the Act a very serious historic significance.

 

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