SC Questions Uttar Pradesh’s Commitment to Equality in Schools

SC Questions Uttar Pradesh’s Commitment to Equality in Schools

Sub : Polity

Sec: Legislation in news

Why in News

The Supreme Court has raised concerns about the Uttar Pradesh government’s lack of action in ensuring constitutional values such as equality, fraternity, and secularism are promoted in schools. The issue came to light during the hearing of a case involving caste- and religion-based discrimination in a Muzaffarnagar school.

Background:

• The case pertains to a Muslim boy in Muzaffarnagar being slapped by classmates on the orders of their teacher, who allegedly made communal remarks.
• The incident highlights a direct violation of Section 17(1) of the Right to Education (RTE) Act, 2009, which prohibits physical punishment and mental harassment of children.
• Observations by the Court: The Supreme Court criticized the Uttar Pradesh government for its silence on inculcating constitutional principles like equality, fraternity, and secularism in schools.

Legal and Constitutional Context:

• Right to Education Act (RTE), 2009: Enacted under Article 21A, which guarantees the fundamental right to free and compulsory education for children aged 6 to 14 years.
• Objective: To ensure every child has access to quality education irrespective of caste, religion, or economic status.
• Education must be free for children aged 6-14 years in government schools.
• Private schools must reserve 25% seats for disadvantaged children under the economically weaker section (EWS) quota.
• Mandates norms and standards for schools, including teacher-student ratio, classrooms, drinking water, toilets, and playgrounds.
• Teachers must possess minimum qualifications as per the National Council for Teacher Education (NCTE).
• Bans physical punishment, mental harassment, and discrimination based on caste, gender, or religion.
• RTE (Second Amendment) Act, 2012: Made provisions for home-based education for children unable to attend school due to disabilities.
• RTE (Amendment) Act, 2019: Revoked the No Detention Policy (NDP) and allowed states to hold examinations for Classes V and VIII.
• Section 17(1): Prohibits physical punishment and mental harassment of children in schools.
• Section 17(2): Mandates disciplinary action against violators.

Article 21A of the Constitution:

• Inserted by: The 86th Constitutional Amendment Act, 2002.
• Provides for the fundamental right to education for children aged 6 to 14 years.
• Makes education a fundamental right and obligates the State to provide free and compulsory education.
• Enforced through the Right to Education (RTE) Act, 2009, which operationalizes the provisions of Article 21A.
• Mandates special provisions for disadvantaged groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), economically weaker sections (EWS), and children with disabilities.
• Suggested by the Tapas Majumdar Committee in 1999.
• Article 45: States the duty to provide early childhood care and education to children below 6 years.
• Article 51A(k): Makes it a fundamental duty of parents or guardians to provide opportunities for education to their children aged 6-14 years.