Policies and Laws Pertaining to Education in India

ABSTRACT

This National Education Policy of 2020 is one of the primary instruction arrangements of 21st century which intends to meet the developing advancement needs of India. The approach proposes to change and modernize all parts of instruction strategy including guideline and administration to make another framework in accordance with the energizing objectives of 21st century training. This is a policy, not a law and therefore is a push to contemplate the features of NEP 2020 and its effect on studies and educators. This examination additionally covers need of the arrangement and the highlights of participation included to serve Indian education system. This aim of this study is to have a look on different laws which are related to education system in India. This work is hereby an effort to have an insight of different activities and implementations done for students by various governments all over India.

Keywords- New Education Policy; students; teachers; Indian government; literacy

INTRODUCTION

Education is essential for the development of an individual’s intellect and knowledge and for the development of the country’s economy. Progress in education directly contributes to the development of the country’s economy as it enhances the skills of the workforce to make the best use of available technology. However, at present, the Indian education system is facing many setbacks, mainly due to lack of accreditation at the school and university or college levels. Thus, in order to control the limitations of existing education a new policy i.e. New Education Policy (NEP) is passed in 2020[1].

The NEP was affirmed by the Government of India on July 29, 2020. It was last actualized in 1986 and reestablished in 1991. This methodology intends to give a thorough and high learning structure in all schools and universities[2]. It’s only an objective, not a law. Since, education is a broad subject; the execution of new suggestions will rely furthermore upon the organization of the areas and the state government. Prime Minister said that the instruction strategy was endorsed after broad conversations for more than three to four years and thought of a huge number of recommendations[3]. A board of specialists drove by previous ISRO boss K Kasturirangan talked about issues in the Indian instruction framework – from school to universities and afterward to work. These propositions were incorporated and affirmed by the divisions prompting the improvement of this strategy. The closure of schools and colleges in recent months features imbalances in the Indian instruction framework. With certain students having the option to proceed with the internet learning process, while others are facing issues with online classes. The NEP affirmed by Cabinet, has a clause on computerized studies also to guarantee “fair utilization of knowledge through online studies”[4].

LAWS RELATED TO EDUCATION SYSTEM IN INDIA (RIGHT TO EDUCATION)

According to Right to Education (RTE) children have the right to a good and compulsory education until they have completed primary education at a neighboring school. The government has defined ‘compulsory education’ as the provision of free primary education to every child between the ages of six and fourteen and the compulsory admission, attendance and completion of primary education. Free actually means that no child is liable to pay fees, charges or expenses for completing and completing primary education. It provides for the admission of children who do not have access to an age-appropriate class[5]. It gives details of all the tasks and duties of parents, governments and local authorities in order to provide free and compulsory education. It also shares financial and other responsibilities between the central and state governments. It sets standards and criteria for buildings, student-teacher ratio, school working days, infrastructure and working hours of teachers. It facilitates the rational recruitment of teachers by ensuring that each school has a certain student-teacher ratio above the state, district or block average, thereby ensuring that there is no urban-rural imbalance in teacher postings. Prohibit the deployment of teachers for extracurricular activities that provide for decades of censuses, local legislative elections to state legislatures, and parliament for disaster relief. It provides for the recruitment of teachers with appropriate training i.e. teachers with the required academic qualifications and knowledge. It prohibits corporal punishment and psychological harassment, screening procedures for child admission, capitation fees, private tuition of teachers and schools operating without accreditation. It helps to develop the curriculum in accordance with the values ​​enshrined in the Constitution. It is to ensure the holistic development of the child, to develop the knowledge, skills and abilities of the child. It provides child-friendly and child-centered learning system to free the child from fear, trauma and anxiety.

The eighty sixth amendment law came in 2002 for education. In this, Article 21-A of the Constitution of India provides for the fundamental right to free and compulsory education prescribed by law for all children between the ages of six and fourteen. The Right of Children to Free and Compulsory Education Act, 2009 refers to the consequential law enshrined in Article 21-A. It means that every child has the right to a satisfactory and equal quality full-time primary education in school. The RTE Act  and article 21-A came into force on April 1, 2010[6]. The title of the RTE Act contains the words ‘natural and compulsory’. The term ‘Free education’ means that no child other than the child whose parents are enrolled in the school without adequate government assistance will be liable to pay any fees, fees or expenses for obtaining and completing basic education. ‘Compulsory education’ is the responsibility of the appropriate government and local authorities to ensure that all children between the ages of 6-14 receive attend and complete primary education. In line with the provisions of the RTE Act, India has moved towards a framework based on the rights of the Central and State Governments to enforce this fundamental right of children enshrined in Article 21A of the Constitution[7].

OTHER RIGHTS PROVIDED BY CONSTITUTION TO STUDENTS

The right to freedom of expression

In the petition filed by the law student, the Supreme Court clarified the importance of freedom of speech from the perspective of individual freedom and from the perspective of the democratic form of our government. The Supreme Court has ruled that freedom of speech and expression is important under a democratic constitution that allows for changes in the structure of legislatures and governments.

Right to Information

While allowing the examiners to examine the orders, the Supreme Court held that the right to information was a matter of “freedom of speech and expression” enshrined in Article 19 (1) (a) of the Constitution of India. It is a matter of state interest and security subject to reasonable regulation, concessions and exemptions.

The right to equality

While adhering to the principles that educational institutions must adhere to at the time of admission, the Supreme Court has ruled that violating the right to equality and equal consideration of competing candidates should be fully justified and exceptionally relieved under any special circumstance.

Right to life under Article 21

The Delhi High Court Division Bench, while enforcing disciplinary action under the Delhi School Education Act, 1973, was of the view that children should not be subjected to corporal punishment in schools and should be educated in an environment of freedom and dignity.

Indian Contract Act

A student, who enters the majority age i.e. 18 years, can sign a contract under the Indian Contract Act, 1872. For example, when taking an education loan a student must enter into an agreement with a licensed bank or lease agreement with the owner of the residential property.

Penalty

Students under the age of 7 are exempted from criminal liability under the Indian Penal Code and liability between the ages of 7 and 12 depends on student maturity. Students under the age of 18 are subject to the definition of the Juvenile Justice (Protection and Protection of Children) Act, 2015 will not be considered serious offenders unless they are found guilty of a serious offense as defined by law. When dealing with such students who are subject to the law, government officials must adhere to certain principles under Section 3 of the Act, which are the principle of innocence, the principle of non-discrimination and the principle of natural justice[8].

NEED FOR NEW EDUCATION POLICY IN 2020

Around six main policy credentials were brought by Indian government from time to time after 1947. These includes Committee to Advise on the Renovation and Rejuvenation of Higher Education (2008–2009), National Knowledge Commission of 2006-2009, Policy Framework for Reforms in Education in 2000, National Policy on Education came in 1986- 1992, Education Commission came in 1964–1966 and University Education Commission which came in 1948-1949. It is evident that the first policy which came in 1947 trend has dominated not just the colonial rule period but also post-1947 India[9].

Ministry of Human Resource Development (MHRD) intends to increase the Gross Enrollment Ratio i.e. GRE to 50 percent by 2035 as an education account of 6 percent of current Gross Domestic product i.e. GDP. In addition, NEP will make textbooks available to students in audio books in 22 languages.[10].

2.1. For Pre-School Students

We welcome the incorporation and consideration given to Early Childhood Care and Education (ECCE). As, it feature the significance of early learning. Kid care and instruction assume a significant job in building an establishment for long lasting learning and prosperity for each kid. The need for this hour is an essential learning and proper understanding of basics[11].

2.2. For School Students

The long-awaited educational policy for students who adhere to homework given by schools and teaching classes has finally made headlines. The committee did an excellent job on the 440 page document for NEP, explaining the shortcomings of the old method and how they progressed by vision for growth during the first phase of the child. The 5 + 3 + 3 + 5 concept gives school dropouts the opportunity to join school at any time. This is a positive step taken by policy. The ECCE policy framework has been carefully developed taking into account all aspects of child-rearing environments. To implement the new modifications schools must have dedicated and strongly committed teachers and support systems[12].

Basic curriculum for children aged 3-8 years is divided into two parts:

1. From 3-6 years of age in Early Childhood Care & Education (ECCE)
2. Before the age of 5, each child will go to “Preparatory Class” or “Balvatica” (ie before Class 1)[13].

2.3. For Students Undergoing Higher Education

Undergraduate degrees with multiple exit options can last for 3 or 4 years. Upon completion of the year, the student can obtain a Diploma and Advanced diploma after completing two years of study. Bachelor’s degrees will be awarded to students after 3 or 4 years who have completed a set period of study. The definition of higher education and university is now from research-oriented universities to teaching universities and private practice colleges. Tests to enter the new university will be held in 2022[14]. Teachers will provide long-term guidance and professional assistance at the university and college. The National Mission for Mentoring will be established with advanced and retired technology with excellent teaching ability in Indian languages. Public and private higher education institutions are governed by the same standards of administration, accreditation and education standards. College consolidation should expire in 15 years and a phased process should be instituted to give colleges more independence[15].

2.4. For Teachers

The National Council for Teacher Education in 2022 will build up the National Professional Standards for Teachers (NPST), in a joint effort with different educators, boards and expert bodies at different levels. Undergraduate teaching degrees by 2030 will be 4 years of B.Ed integration. The National Council for Teacher Education (NCTE) will develop a novel and comprehensive framework for the National Curriculum for Teachers Education i.e. NCFTE 2021 in consultation with National Council of Educational Research and Training (NCERT). Serious actions will be taken against non-standard Institutions who are not abiding by the rules. A National Mission will be established with the advice of a large group of senior or retired members who are willing to provide new and long-term guidelines and professional assistance at a university or technical college[16].

COLLABORATIVE FEATURES INCLUDED IN POLICY      

NCERT is going to develop a National Curricular and Pedagogical Framework for Early Childhood Care and Education for children coming under 8 years age frame. The Department of Education has asked NEP 2020 to set up a National Mission on Foundational Literacy and Numeracy by the Department of Education. Along these steps, our nation ought to set up a turn out program to accomplish essential education in every school by 2025 for students’ up to class 3. All schools will conduct tests for students of Grades 3, 5, and 8, which will be managed by the relevant authority. The board review will continue for Grades 10 and 12, but is being redesigned for the full development. The NEP also emphasizes the establishment of gender equity and specialized education for disadvantaged and disadvantaged communities. Each state or region is encouraged to establish the “Ball Bhavans” as a special school day for learning and participating in arts, crafts and sports activities. The school can be used as a community center for the construction of public school infrastructure[17].

CONCLUSION

National Education Policy is a boon for education system and will surely improve studies framework in India. It aims to increase enrollment in higher education, including vocational education, from 26.3 percent in 2018 to 50 percent by 2035. It will also add new and extra seats to higher education institutions. This study shows that this approach will benefit all students, including teachers and the growth of the Indian state. It will grab the attention of world’s top colleges to enter India, and furthermore urge India’s driving establishments to travel all around. It additionally also proposes to constrain the expenses charged by private associations which will help everyone to proceed for higher education. Thus, NEP may act as an effective approach to minimize limitations of existing education system.

[1]Education In India (Problems and Solutions) |, Khuranaandkhurana.com, Jan 17. 2019, https://www.khuranaandkhurana.com/2019/01/17/education-in-india-problems-and-solutions/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration (last visited Sep 26, 2020).

[2]Priscilla Jebaraj, The Hindu Explains What has the National Education Policy 2020 proposed? The Hindu, Aug 2, 2020

[3]Meenakshi Ray, PM Modi says ‘fully committed’ to ensure complete implementation of NEP 2020, Hindustan Times, Aug 7, 2020.

[4]UP Police, New Education Policy 2020 School: NEP 2020 Implementation Date, Police Results, Aug 1, 2020.

[5]Sandeep Rana, National Education Policy, 2020 Legalserviceindia.com (2020), http://www.legalserviceindia.com/legal/article-3428-national-education-policy-2020.html (last visited Sep 26, 2020).

[6]  Ministry of Education, Government of India, Mhrd.gov.in (2020), https://www.mhrd.gov.in/rte#:~:text=The%20Constitution%20(Eighty%2Dsixth%20Amendment,may%2C%20by%20law%2C%20determine. (last visited Sep 26, 2020).

[7] Shubham Borkar & Nayanikaa Shukla, Education Policy in India and the legislative framework around it (Problems & Solutions) – Corporate/Commercial Law – India Mondaq.com, Jan 23, 2020, https://www.mondaq.com/india/corporatecommercial-law/773906/education-policy-in-india-and-the-legislative-framework-around-it-problems-solutions (last visited Sep 26, 2020).

[8] Madiha Jawed, Legal Rights of Student in India: Rights and Laws Every Student Should Know Shiksha.com, May 5, 2020, https://www.shiksha.com/law/articles/legal-rights-every-student-in-india-should-know-blogId-12803 (last visited Sep 26, 2020).

[9]Junqing Zhai & Jing Yuan, Politics, policy and higher education in India, Journal of Education Policy 146-148 (2019).

[10]Himanshi Dhawan, MHRD released New Education Policy after 34 years, Du Express, July 30, 2020.

[11]Roshni Chakrabarty, What are education experts saying about the new National Education Policy?, India Today, July 30, 2020

[12]D Chandrasekharam, The NEP 2020 of India, Times of India Blog, August 2, 2020.

[13]Usha, New Education Policy 2020 (NEP 2020): Highlights and PDF Downloads, Notice Bard, July 31, 2020

[14]Ruma Batheja, NEP 2020 – A quick glance on key changes at school and college level, Times of India Blog, July 30, 2020.

[15]Manish Kumar, New Education Policy 2020- Highlights, Tax Guru, Aug 5, 2020.

[16]Highlights of National Education Policy 2020, Outlook- The News Scroll, July 29, 2020.

[17]Vikash Aiyappa, New Education Policy 2020: Advantages and disadvantages of NEP, July 31, 2020.

For more such articles, Click Here.

This Article was contributed by Anjali Rajora, a student at Amity University Uttar Pradesh, Noida.