Nishikant Khajuria
JAMMU, Sept 19: Bringing the Jammu and Kashmir School Education (Amendment) Act-2013 in public domain, the State Government has invited opinions of intellectuals, students, educationists and others over the draft policy on right of children to free and compulsory education upto class 8th.
The draft policy has been explained in seven chapters elucidating the meaning of right to free and compulsory education; duties of Government, local authority and parents; responsibilities of schools and teachers; curriculum and completion of school education; protection of right of children etc.
Every child of the age of six to 14 years shall have a right to free and compulsory education in a nearby school till completion of elementary education, says the policy which also envisaged a complete ban on private tuition by the Government teachers.
For carrying out the provision of this Act relating to free and compulsory education, the Government shall establish schools in the areas where it is needed within three years from the commencement of this Act.
The draft policy makes it clear that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.
In case a child above five years of age has not been admitted in any school or though admitted, could not complete elementary education, then he/she shall be admitted in a class appropriate to his/her age.
If a child is directly admitted in a class appropriate to his/her age, then he/she shall have a right to receive special training to be at par with others. Further, a child admitted to a school shall be entitled to free education till completion of elementary education even after fourteen years.
Where in a school, there is no provision for completion of elementary education, a child shall have the right to seek transfer to any other school for completing his/her elementary education. Even for any other reason, the child shall have the right to seek transfer from one school to another and the Head teacher or In-Charge has to immediately issue the transfer certificate.
No child shall be required to pass any Board examination till completion of elementary education while medium of instructions shall, as far as practicable, be in his/her mother tongue.
Specifying the duties of Government and local authority, the draft policy says that the State shall provide free and compulsory education while local area education committees will assist in monitoring the attendance of students.
The parents or guardian of every child shall be under obligation to send the child to attend a school, whether private or Government, and also ensure completion of full course of elementary education upto class 8th unless there be a reasonable cause for his/her non attendance.
To work out an education plan for a village or other local area for securing community mobilization, the Government shall constitute Village/Local Area Education Committees.
These Education Committees can warn or even lodge a complaint with the Judicial Magistrate if parents/guardians have failed to cause their child to attend school or any person is interfering with such attendance of a child.
If the judicial Magistrate is satisfied that the complaint is well founded, he shall pass an order directing the parent or other person to refrain from interfering with the child’s right to free and compulsory elementary education. If the parent or any other person fails to comply with such order, he shall, on conviction, be liable to a fine not exceeding one thousand rupees for first offence and two thousand rupees for every subsequent offence.
Further, the State Commission for Protection of Child Rights, as may be constituted under law, shall inquire into complaints relating to child’s right to free and compulsory education and take necessary steps corresponding to the provisions of Section 15 and 24 of the National Commission for Protection of Child Rights Act (Central Act of 2005).
The draft policy makes it clear that no school or person shall collect any capitation fee while admitting a child. Receiving capitation fee shall be punishable with fine which may extend to ten times of the fee charged.
Further, neither any child nor the parents can be subjected to any screening procedure for admission while no child can be expelled from school till the completion of elementary education.
No private school shall be established or recognized unless it fulfills the norms and standards specified under this Act and rules there. Any person who establishes or runs a school without obtaining an order or certificate of recognition or continues to run a school after withdrawal of recognition, shall be liable to fine, which may extend to one lakh rupees in case of continuing contraventions and to a fine of Rs 10 thousand for each day during which such contravention continues.
No private school shall be managed and run by an individual but an educational agency, which shall appoint a manager to look after the day-to-day running and administration.
Every school shall constitute a School Management Committee of which at least three-fourth of members will be parents or guardians. Fifty percent members of such committee shall be women while parents of children belonging to disadvantaged group shall be given proportionate representation.
This committee will monitor working of the school, prepare school development plan and monitor utilization of the grants received from Government, local authority or any other sources.
Every school shall frame and notify the terms and conditions of service of teaching and non-teaching staff, including the conditions relating to pay and allowances, gratuity, provident fund, leave and retirement.
No teacher of any Government school shall engage himself or herself in private teaching activity.
With a view to preparing children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the Government shall take appropriate measures to provide for free pre-school education for such children under the Act.
Inviting public opinion at large, particularly from the students, teachers, legal fraternity, educationists, public representatives, etc, the Government has set October 1, 2013 as the last date for sharing the comments with Secretary School Education Department.
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