RIGHTS OF WOMEN IN INDIA WITH SPECIAL REFERENCE TO

RIGHT TO EDUCATION

Dissertation submitted to National Law University and Judicial Academy, Assam

In partial fulfillment for award of the degree of

MASTER OF LAWS

Supervised by Submitted
Dr. Lohit D. Naikar SiddharthSingh

Visiting Professor of Law UID-SM0219027

National Law University and Judicial Academy, Assam LL.M 2nd

Semester

2019-20

National Law University and Judicial Academy, Assam

August, 2020
 SUPERVISOR CERTIFICATE

It is to certify that Mr.Siddharth Singh is pursuing Master of Laws (LL.M.) from

National Law University and Judicial Academy Assam has completed his dissertation
titled “RIGHTS OF WOMEN IN INDIA WITH SPECIAL REFERENCE TO RIGHT
TO EDUCATION” under my supervision. The research work is found to be original
and suitable for submission.

Dr. Lo it D. Naikar

Date: August 21, 2020 Visiting Professor of Law

 DECLARATION

I, SIDDHARTH SINGH, pursuing Master of Laws (LL.M.) from National Law

University Assam and Judicial Academy, Assam, do hereby declare that the present
dissertation titled “RIGHTS OF WOMEN IN INDIA WITH SPECIAL REFERENCE
TO RIGHT TO EDUCATION” is an original research work and has not been
submitted, either in part or full anywhere else for any purpose, academic or otherwise,
to the best of my knowledge.

Date: August 21, 2020 Siddharth Singh

SM0219027
 ACKNOWLEDGEMENT

At the very outset, I would like to express my sincere and heartfelt gratitude to Dr.
Lohit D. Naikar for his constant guidance, co-operation and encouragement which
immensely helped me in completing my dissertation. This work would not have been
possible with the regular consultation and inputs provided by her. It is due her
patience and guidance that I have been able to complete the task within the timeframe.
I am highly obliged for the valuable advice, directions and kind supervision.

I would also like to thank the Librarian, Officials, System Administration and staff of
the NLUJA library, Assam for their help and cooperation in making available the
relevant materials required for the study.

I am also thankful to my mother for giving me the constant support, motivation and
encouragement throughout the work, so that I can complete my dissertation with
utmost dedication.

Dated: August 21,2018 Siddharth Singh

LLM 2nd Semester

UID- SM0219027

i
 PREFACE

In India, the goals and aims which we are trying to achieve for the children of our
country since the independence, that is Universalization of Elementary Education has
come a step closer with the Right to Education (RTE) Act, 2009. This is an act for the
children which provide provisions of children ages between six and fourteen years in
our country. The RTE Act with its diverse features and goal to provide social justice
is a landmark act and has opened many doors for our children in our country. The
RTE Act 2009, has opened many doors for children, yet the larger concern, It whether
the children of our country will be able to take the advantage of the opportunities
provide to them by this Act. Especially the girl child, as per the report of National
University for Educational Planning and Administration (NUEPA) clearly state that
the many girls got enrolled in the primary and upper primary level. But they leave the
education early or very few reaches the secondary level especially the girls belonging
from the rural areas. The gap is quite higher between the primary level to secondary
level. According to “MHRD (2015-2016)” report there is the difference of 3.1% of
enrolment rate from the primary and upper primary level. But the difference increases
by 16.5% from elementary to secondary level which is quit higher. The present study
is attempted to examine the various challenges and barriers responsible in the
uplifting of women education. The study also tries to analyses the working of the
Right to Education Act (RTE), 2009 with special reference to look after barriers and
challenges arising in women education.

ii
 TABLE OF CASES

1. Avinash Nagra Vs. Navodaya Vidyalaya Samiti

2. Bandhua Mukti Morcha V. Union of India and others
3. Dipak Kumar V. Kolkata Municipal Corporation,
4. Islamic Academy of Education V. State of Karnataka,
5. Institute Commission of India V. St. Mary School
6. Mohini Jain V. State of Karnataka
7. Modern School vs. Union of India
8. Unnikrishan v/s State of Andhra Pradesh
9. TMA Pai Foundation V.State of Karnataka
10. Ashoka Kumar Thakur vs. Union of India and others

iii
 TABLE of STATUTES

1894- Karnataka Educational Institution (Prohibition of Capitation Fee) Act

1935- The Government of India Act

1945- United Nations Charter

1948- The Charter of Universal Declaration of Human Rights

1950- The Constitution of India.

1955- The Protection of Civil Rights Act.

1966- The Charter of International Covenant on Civil and Political Rights

1979- Convention on Elimination of All Forms of Discrimination against Women

1989- The Convention on the Rights of the Child.

2005- Right to Education (RTE) Bill

2008- Right to Education (RTE) Bill

2009-The Right of Children Free and Compulsory Education Act.

iv
 TABLE of ABBREVATIONS
1. AIR All India Reporter
2. ASER Annual Status of Education Report
3. CRC Convention on the Rights of Child
4. CEDAW Convention on the Elimination on the Discrimination against
Women
5. CSR Child Sex Ratio
6. DIET District Institute of Education and Training
7. EDI Education Development Index
8. EWS Economically Weaker Section
9. GER Gross Enrolment Ratio
10. ICCPR International Covenant on Civil and Political Rights
11. KGBV Kastruva Gandhi BalikaVidyalaya
12. MDM Mid-Day Meal
13. MHRD Ministry of Human Resource and Development
14. MSP Mahila Samakhya Programme
15. NUEPA National University for Educational Planning and Administration
16. NCTE The National Council for Teacher Education
17. NPEGEL National Programme for education of girls at the elementary Level
18. POA Programme of Action
19. PTR PupilTeacher Ratio
20. RTE Right to Education
21. SSA SarvaShiksha Abhiyan
22 SC Scheduled Caste
23 SMC School Management Committee
24 ST Scheduled Tribe
25 UGC University Grants Commission
26. UNICEF The United Nations Children's Fund
27. TET Teachers Eligibility Test
38. UN United Nations
v
 TABLE OF CONTENTS

Certificate
Declaration
Acknowledgement i
Preface ii
Table of Cases iii
Table of Statutes iv
Table of Abbreviations xii

CHAPTER I

1.1. Introduction………………………………………………………………1
1.2. Statement of Problem…………………………………………………….3
1.3. Research question…………………………………………………..…….4
1.4. Limitation of Study………………………………………………………5
1.5. Detailed literature review………………………………………………..5
1.6. Research methodology…………………………………………………..6
1.7. Research Design ……………………………………………………..….9

CHAPTER II

2.1. Concept of Compulsory Education………………………..………….10

2.2. Education in Ancient India…………………………………………....11
2.2.1. Vedic Period…………………………………………………………12
2.2.2. Education during later Vedic Period………………………………..13
2.3. During the Buddhist Period……………………………………………14
2.4. During Muslim Period…………………………………………………14
2.5. British Period…………………………………………………………..15
2.6. Women’s Education during the Modern Period…………………...….…17
2.7. Gokhale Bill………………………………………………………..…..18
2.8. Wardha Scheme…………………………………………………...……19
CHAPTER III

3.1. Right to Education and Provision in Indian Constitution ……………20

3.2. Judicial Contribution towards Right to Education…………………….21
3.3. Post-Independence……………………………………………………..25
3.4. Women Education after Independence………………………………..28
3.5. Right to Education as a Fundamental Right and challenges in Implementation of
the RTE Act………………………………………………………………….29.
3.5.1. Implementation of RTE Act 2009…………………………………...30.
3.5.2. Introduction to the RTE Act………………………………………….31
3.5.3. Overview of the Act………………………………………………….32
3.5.4. Teachers Qualification under the Act………………………………..32
3.6. Various duties of Teachers prescribed under the Act………………….33
3.6.1.Teachers and Restriction………………………………………………33
3.6.2. Teachers and Government……………………………………………34

CHAPTER IV

4.1. Right to education on International Instrument…………………………35.

4.2. Right to Education in Universal Declaration of Human Rights (UDHR)
1948…………………………………………………………………………..36
4.3. Convention on the Elimination on the Discrimination against Women
(CEDAW)…………………………………………………………………....38
4.4. New Recommendation focus on education for women and girls as the human
right……………………………………………………………………..…...39
CHAPTER V

5.1.1. Education Commission (1948)………………………………………… 40

5.1.2. The National Committee on Women Education………………………..40
5.1.3. The Indian Education Commission (1882)……………………………..41
5.1.4. Secondary Education Commission (1952-1953)……………………….42
5.1.5. Bhaktavatsalam Committee (1963)……………………………………..43
5.1.6. Kothari Commission (1964-1966)……………………………………...44
5.1.7. National Education Policy, 1968………………………………………..44
5.1.8. National Education Policy 1986…………………………………………45
5.2. Programme of Action (1992)………………………………………………46
5.3. National Policy for empowerment of women (2001)……………………..47
5.4. Schemes and Programmes for Women Education………………………...47
5.5.1. SarvyaShiksha Abhiyan (SSA)………………………………………..…48
5.5.2. Operation Black Board………………………………………………...…49
5.5.3. National Programme of Nutritional Support to Primary Education (Mid-Day
Meal Scheme MDMS)………………………………………………………..….50
5.5.4. MahilaSamakhya Programme (MSP)…………………………………….51
5.5.5. .Kastruva Gandhi BalikaVidyalay (KGBV)………………………………52
5.5.6. National Programme for education of girls at the elementary Level
(NPEGEL)…………………………………………………………………….….53
5.5.7. Swami Vivekananda Single Girl Child Scholarship……………………...53
5.5.8.Saakshar Bharat……………………………………………………….…..53
5.5.9.BetiBachao, BetiPadhao……………………………………………………54

CHAPTER VI

6.1. Status of Women Education in India……………………………………....55

6.1.1. Literacy Rate of Women in India………………………………….……. 55
6.1.2. Enrolment of Girls………………………………………………………..56
6.1.3. Enrolment of SC Girls……………………………………………………57
6.1.4. Enrolment of ST Girls……………………………………………………58
6.1.5. Gross Enrolment Rate (GER)……………………………………….. ..61
6.1.6. Female Teacher Ratio…………………………………………………..61
6.1.7. Pupil Teacher Ratio (PTR)………………………………………….. ..62
6.1.8. High Dropout Rate of Girls in India…………………………………..62
6.1.9. Annual Average Dropout Rate of Girls……………………………… .63
6.2. Infrastructure & Elementary Education………………………………....64
6.3. Present Situation to Access Elementary Education……………………...68
6.4. Physical Progress made under Right to Education-Sarva Shiksha Abhiyan
Programme (2016)…………………………………………………………….72
6.4.1. Following Table Shows the Status of availability of Teachers under the State &
(SSA)in 2016………………………………………………………………… 72
6.5. International Comparison on Public expenditure and Gross Enrolment Ratio on
Education(%).-2015…………………………………………………………...74
6.5.1. International Comparison on Pupil Teacher Ratio (PTR) – 2015……...76
6.5.2. Female Teacher Percentage in Various Countries……………………. .77
6.6. Major Reasons for Girls Dropouts………………………………………..78
6.7. Barriers of Girls Education……………………………………………….79
6.8. Mothers Education and Parents Obligation……………………………....80
6.9. Diverse Class Room Environment…………………………………….. ...83
6.10. Education Development Index (EDI)…………………………………...83
6.11. Delimiting Factors of Girls Education……………………………........ 86

CHAPTER VII
Conclusion……………………………………………………………………. 88
Recommendations and Suggestions…………………………………………... 92

Bibliography…………………………………………………………………...xii-xv

Appendix…………………………………………………………………….…xvi-xix
 CHAPTER- 1

1.1.Introduction

“Educate one man, you educate one person but educate a women and you educate a
whole civilization” Mahatma Gandhi

Education is one of the crucial aspects for the development of the society. It is the
weapon which would yield the negativity from the Nation. When it comes with
women education is acts as the growth of the entire nation. Nations growth can be
determined by looking at the status of women. Where education brings a reduction in
the inequalities and further being to improve the status of the family. It has been said
earlier that if you educate the men, then only the individual will grow and if you
educate the women then the whole family, society will grow to its fullest extent. This
would give enormous growth to the nation. As per Right to Education Act1 provides
fundamental rights of every child between the ages group of (6 to 14) years. Earlier
there were times where people use to think what the purpose of teaching the girl child.

In Hindu aspects, women’s were only taught religious and moral instruction at home.
Since they were only destined for child bearing and child rearing, household chores,
they were denied the formal education. Earlier it was only thought to collect the
money for the marriage of her daughter and makes them indulge in household work.
What is the purpose of educating the girl child? However over the period of time as
the result of the social reformer, women began to gain the access of education. But
now it has been began to realize that women’s education is very essential for the
growth and development of the Nation. Where in the modern age is the awaking one
where women try to compete with men in every sphere of life, where educating the
women acts as the building blocks of the nation. We cannot neglect the importance of
women education in the country. As the growth rate of women education is very low
in the rural areas, despite of various policies been implemented yet the status of the
women is not at the satisfactory level. Critically stated that the larger womenfolk’s of
1
The Constitution of India, 1950, Art. 21(1)(a)

1
our country of our country is still illiterate, weak and exploited. As educating the
women act as the powerful tool for changing of the society. “Where education must
be understood as a tool for social change where an educated individual understands
one self identifies and develops her skill, enjoys her rights and equality in society.” As
the right of education is a fundamental right in our country. The act provides the
education to the children of six to fourteen years. The RTE Act with its diverse
features and the goals to provide the social justice in a landmark act and has raise the
aspirations of the people in our country. This Act has opened the many doors for our
children especially to the girl’s education. But the status of the girl’s education is not
improving at the satisfactory level according to the determined parameters. To know
the status of women education, the enrollments rates and the dropouts rates in the
primary and secondary level.

Under 86th Amendment Act2, states that it is the State to provides “free and
compulsory education of (6 to 14) years”. Government initiates the scheme called“
Sarva Shiksha Abhiyan (SSA)”3 which aims to provide primary education to every
child from disadvantages areas. Various consisted efforts have been led down by both
the central and state government for improving the literacy rates of women.
Furthermore schemes have been led down in expanding the scope of women
education and further improve the quality of education. However despite of various
attempts, the status of women education desired lots to lead down in uplifting the
women literacy in India.

According to the “Census 2011 Report”, the literacy rate was 74% where the literacy
rate of men and women were 82.1% and 65.5% respectively. There have been gap of
16.6% as compare to man. From the previous census 2001 literacy rate of women
(53.7%) .From the reference only 5 % increase in the gap from census 2001 to 2011.
Although very low changes in the literacy rate expresses the woman education.
Several schemes have been initiative by the Government the improve the women’s
literacy status. Such as “BetiBachao BetiPadhao”2015 has been initiative to put

2
The Constitution (Eighty Six Amendment) Act, 2002
3
“https://www.aicte-india.org/reports/overview/Sarva-Shiksha-Abhiyan” visited on: 16-5-2020

2
further emphasis on the improvement of the girl’s education in India and improve the
child sex ratio and ‘Sukanya Samriddhi Yojana’ initiated in the year 2015. This
Yojana objective is to provide the financial support in higher education and supports
the families in the marriage of their daughter. Government of India is also taking
responsibility to make girls’ toilet in every schools for the purpose of minimizing
dropout rate in the schools. The Government of India initiates various policies for
increasing the enrolment rates and minimizes the level of dropouts of girl child in
school. For such purpose both the Central and State government to initiates to build
numbers of new primary and secondary schools, separate toilets for girls, increasing
the number of female teachers in school. As per the report 20144 “at middle and high
schools, there is a correlation between the lack of toilets and drop-out rates.” The
purpose of the study is to assertion the challenges and barriers which are coming in
girls child education, focus on improving dropout rates of girls child in primary and
secondary level.

1.2.Statement of Problem

Women education is one of the essential factors which determine the actual growth of
the nation. Therefore the state must take initiative to improve the female the literacy
rate of the country. The studies shows the literacy rates have been increased in the
primary level, but there have been slightly downfall of women education in the
secondary level. The government has taken many initiatives to improve the literacy
rate and to provide the access of quality education. Still many children got enrolled at
the primary and upper primary level but they leave there studies when moving
towards girls education. The gap is quite higher between the primary level to
secondary level. According to “MHRD (2015-2016)” report there is the difference of
3.1% of enrolment rate from the primary and upper primary level. But the difference
increases by 16.5% from elementary to secondary level which is quit higher.
According to the “Census 2011, the male and female literacy rate is 82.1%and 65.5%
respectively. “There is the gap of 16.6% which is quite higher. Where the literacy rate
of females is consistently very low in rural areas as compared to urban areas. The
4
“ Annual Status of Education Report (2014)” visited on 18-5-2020

3
annual dropout rate of girls at primary level is 3.88% and upper primary level is 4.6%,
where the difference of 16.88% arises at secondary level. In the SCs and STs it is
19.5% and 24.40% respectively. The reports show that female tends to leave
education early.

There were various factors highlights for such as early marriages, engage in
household chores and where parents not intervened to support the girl children in their
higher education. The present study is attempted to examine the various challenges
and barriers responsible in the uplifting of women education. The study also tries to
analyses the working of the Right to Education Act (RTE), 2009 with special
reference to look after barriers and challenges arising in women education. They
study shall suggest intervene strategies for improving the girl child education

1.3. Research Objectives

The aim of this research is to make an analytical study on the impact of Right to
education Act on women education in India.
1. To access the present status of women’s education in India.
2. To discuss the concept of “Constitutional guarantee of Right to Education”
3. To explore “the concept of child right of free and compulsory education in
India”.
4. To study the legal regulatory framework of women education in India
5. To determine the status of women education at the primary and secondary
level.
6. To discuss and critically analyze the problems and barriers which are arising
in women education and further suggest the potential solutions for improving
the status of women education.

4
1.4.Limitation of the Study

Though there are many forms of Education levels in the society the study focuses
mainly on the school education level only, as it is the fundamental learning of the
child in any society. Moreover, the study is confined to the right of children to free
and compulsory education content at the primary level and Secondary and senior
secondary education level. Furthermore dropout rates of women are up to secondary
level.

1.5. Research Methodology

This research is predominantly based on doctrinal research where analysis of case

law, legal propositions and statue. The historical method is used to sketch the origin
and development of Right to Education. The primary sources are the statute of “The
Right of Children to Free and Compulsory Education Act, 2009” and its relevant
Central and State Rules, Constitution of India, International Covenants and Treaties,
“Universal Declaration of Human Rights(UDHR)” and allied statutes. Further, tries to
sketch the concept of “Compulsory education.”The Secondary sources are judgments
of the Supreme Court and High Courts in India, text books, journals, reports and
newspapers, articles and also internet sources.

The researcher has gathered materials both the primary as well as secondary sources
which are available at online e-recourses of database available at NLUJAA Library
and NLUJAA Intranet. For this mentioned reason, the Researcher will analyze the
scholarly articles, research papers MHRD & NUEPA (2011-2016) reports,
international instruments, and conventions, Constitution of India, legislative
provisions, case laws comments and other aspect related with issue.

5
1.6. Review of Existing Literature

Deepa Idnani in his book “Right to education and schooling” explains the “concept
of the Universalisation of Elementary Education (UEE)”, it also explores the critical
thinking around the historical antecedent to the contemporary times, these book
broadens the horizon around the Act and draws the image of empirical studies which
would help in improving good practices for practitioners and researchers.

Dr. G. Kanagavalli in his article “Women Education in India” explains “the recent
position of women education in India”. Further analyze the education equality in
India. It also put forward the recent policies which leads towards the growth of the
women education.

Malini Sur in journal “Women Right to Education: A narrative on International

law” concludes right to women education in the international platform in the present
scenario. Furthermore, explains the broad explanation of International legal
framework on education with the reflection of India’s present situation.

Subhangi Devi in his article “A study on women education in India” explains the
importance of women education and various barriers and challenges faced regarding
the women’s education. Further put forward the women education by providing
trainings, workshops to increase the women participation.

Sanjukta Sahoo in his article “ Girl Education in India; Status and Challenges”
depicts the present situation of women education through the reports published by the
Government of India. Its further put more emphasis on the enrollment rates of women
in the primary and secondary level. Conclude the study on the reports provided by the
Ministry of Higher Education Department. On the basis of statistical data variation of
the enrolment rate and dropout rates at primary and secondary level.

Rouf Ahmed Bhat in his article “Role of Education in the Empowerment of

Women in India” says that women education has keen role in the “development of

6
the nation”. Empowering of women could leads to bring the reduction inequalities.
Furthermore improves the status within their family and develops the concept of
participation.
Sonal Mober Roy on this article “Impact of RTE Act on girl’s education” explains
the condition of women enrollment and the dropout rates. It further explores the
challenges faced by the girls in acquiring the education. Elaborates the various
dimensions equity and quality under the RTE, and further explains the suggestive
measures.

1.7.Research Design

With above analysis of the present research been conceptualized in the seven
chapters.

1. The First chapter elaborates to the concept of the “Right to Education with
special reference to women education”, its enactments, importance of the Act,
Scope and limitation of this research, hypothesis, sources are dealt with
questions in addition to providing an apt background to the entire thesis.
2. The second chapter explains the historical background of “women education
in India”. Explains the evolution of “women education during Vedic Period,
Buddhist Period, Muslim Period, British Period and Modern Period”.
3. The Third chapter explains the Right of Education in Indian Constitution
perspective, further study the concept of the “Free and Compulsory
Education”. Analysis and interpretation of the “Right of Child to free and
compulsory Education Act , 2009”.
4. The Fourth chapter explains on (the International level), the right to education
in as codified in the “Universal Declaration of Human Rights (UDHR),
Convention on the Rights of the Child (CRC), International Covenant on
Economic Social and Cultural Rights (ICESCR)”, and also has been
recognized by several universal and regional instruments.

7
 5. The fifth Chapter rested to the various commissions setup in the education
system. Describe the various policies and programmes in relation the Right to
Education Act.
6. The Sixth Chapter focuses on the present status of girl’s education in India,
their enrollment status in the primary and upper primary and secondary and
Upper Secondary level. The study analysis the annual dropouts rates of girls
among the different states. Further explains both at the Centre and State
initiatives for the “improvement of women education in India, with major
policies and the challenges of girl’s education in India.”
7. The Sixth chapter discusses whether the Act has really fulfilled to achieve the
needs of the Children’s Education in this world’s largest democratic country
or not. If not the recommendations and suggestions given by the researcher for
overcoming the barriers of girls education to be made in the Act are given with
a positive note for a better tomorrow.

8
 CHAPTER 2

Historical background of women’s education in India

2.1. Concept of “Compulsory Education”

In the age of globalization right to education is considered as the key to sustainable

development of the country. This helps the society to be protected and better served
by its leader. Quality of education strengthens the nation progress and its overall
development. Empowering the citizens through education would help the economic
progress and further increase the earning potential of the individual and transform the
quality of life. Education have been further retain into various factors such as in
health improvement, population control, and strengthening of democracy, good
transparency and make enormous changes in the transparency in the system.
Education helps an individual in the attainment of employment.

Especially educating the women would automatically improve the country

development and economic growth. Educated Women is being considered as growth
factor of the nation progress and development. Therefore the compulsory education
should be mandatory to the children particularly from the category of weaker section,
dalits, tribes and minority. The basic education would impart them from the segment
of the society and from retrieve from the poverty. Thus developed them to a
meaningful life. It is the state duty to provide compulsory education especially to the
girl’s child. Through this process it would tends to implement the stability in
democracy, removing of the gender disparities from the society, through getting
education the younger ones become more intellectual, enhancement of moral values.
These qualities would lead the good character formation of the child.

This would help the country in adopting the new social change and further led the
foundation of good citizens.

9
In AvinashNagra Vs. NavodayaVidyalayaSamiti5Under this Honble Supreme Court
says that “It is well known fact that the education helps to improve the social order.
An educated man has an open mind, a broad outlook, is willing to reconsider issues
and make his own decisions. He is liberated from the tutelage to outmoded notions, to
oppressive institutions and is always willing to learn from others and change
whenever it is necessary”.

2.2. “Education in Ancient India”

During the ancient India, education system was very grand and noble. The education
was different from the other’s countries. Education was grand, noble unique in the
country. Children were given knowledge of arts, dance, paintings, surgery and
dramas. These were the part of education during that period. Where the “discipline of
learning, dance, music, medicine, surgery and art of painting or sculpture and
dramatics were the part of education.”

Indian came with the long tradition of education ( from the old institution of higher
education at Takshashila and Nalanda University where the student come for the
education from all over the globe, where the disciple were living in the Gurukul under
the care and protection of gurus in Ashram. During that period Gurus were their
teachers and they were highly respected by their disciple. As far as the education is
considered it’s the social phenomenon related to past , present and future. Roots of the
education in the country can be determined through the past history.

The analyses of the women education in the positioned assigned to the women in
the historical context.

2.2.1.Vedic Period

During the Vedic period women enjoy the high social status .Women enjoys equality
in all walks of life. Though the society was patriarchal, therefore the son given the
5
(1997) 2 SCC 534 p.535

10
prior position in the family and daughter was equally entitled to have all the privileges
as it was given son. During that period women were generally married at the late age
and were also allowed to choose the partner of their choice. According to the
Arthaveda says that women can become successful in married life when she acquires
the proper education. They were allowed to access various branches of education.
During this period women’s were treated equal as to that of men. They were given full
right of education, but such education was done mostly at home.

During that period, women were more intellectual, well educated and take part in
decision making. During that period women occupy the various managerial and
administrative positions in the society. They were holding various administrative
positions during that period. They were more successful and independent during that
periods. They hold various administrative positions during that period. They were
more self discipline, devoted to perform their duty and professionally well settled. But
they were not debarred from taking up the higher intellectual involvement. Some
name were as Vishawas, JoohathoseVishwavara, Jooha, Apala, Ghosha, Lopamudra,
Saraswati . In intellectual feats such as Maitreyi, Gargey, Kaunanitiki and others have
been participant of philosophical and intellectual discourses.

Under the Gurukuls system the Gurus shall impart the knowledge to the student
(Shishya) and identified the capabilities of shishya and trained them accordingly. It
was for the period of twelve years.

As the stages of Vedic education was up to the 6 years at home from (8 to 16) years at
Gurukul. Girls were given the same education as that of men. But the quite the
education early due to marriage but if the parents allow they tends to complete the
entire education during that period.

During that period, both the gender were given military training, they were taught to
spear, swordsmanship and horse riding etc. As there was no boundation of whatever
the Caste of the women, they can join the forces. But the Kshatriya caste women were
more interested to join the military trainings. This can through the family background

11
of the Kshartriya family. So the Gurus trained them by giving martial and arms
training. During that period, the education was free of cost. But the Shishya from the
royal and wealthy families gave assist and support to Gurukul. These support and
assistance were treated as tribute to Gurudakshina during that period.

2.2.2. Education during later Vedic Period

These later Vedic period were called as “Brahmanic Age”, Under this period various
educational institute were setup such as “Shakha, Charana, Parishad, Kul and Gotra.”
Under this institutions, more text were classified sutra literature along with “Shad
Darshan”during that period. Syllabus were determined according to “Varana Ashrama
System”. During this period, education become restrictive, as it was denied to
“Shudras and women”. Due to this it’s continued till centuries and became curse to
the society especially in the development of the women. During the Vedic period has
been features in the education to his student.

1. The holistic development of the student both physical and mental.

2. It was fair and just. As there was no “discrimination on the basis of caste, sex
and social status.”
3. During Vedic period education was conducted on the basis of performing
certain rituals as
• “VidyaArambha (Initiation)”
• “Upanayana (Presented to Teacher)”
• “Samavartana(Completion)”
4. Education Session started at the commence of full moon of “Shravana and
completion on the full moon of Paush.” As it is (July to January Session)
5. Such System of providing the Shiskha to the student in the Gurukul was free
of sate control. Education is given was free and universal.

12
2.3.During the Buddhist Period

With the starting of the Buddhist Period ,“the education of the ladies was completely
ignored.” When Lord Buddha allowed the women to take the admission in Viharsthe
situation of the education of the women flourished. Due to the early marriages of the
women neglected the women education .When they were allowed to get the education
especially in aristocratic and commercial sections of the society6. Therefore the large
number of ladies joins the circles of education and become the lifelong student of
religious and philosophy. There were strict rules of becoming the monks for women.
They would only be allowed to become monks only with the consideration of the
Sangh. Where the women to eligible to become the monks would be instructed by
special monks. Where living with such restriction and discipline becomes very
difficult for the women to survive, only the women who has keen interest and deep
religious feelings were entitled to be the part of the Sanghs. Therefore women could
not hold the eminent position in the Sangh.

Many had as well joined it to initiate liberated of the burdens of the worldly
endeavors. As the Bhikshunis did not like to protect inferior position, so they really
were more inquisitive approximately the considered as driving ardent of life. In show
disdain toward of the truth that, Buddhist composing does not conversation much of
the system of the education of Bhikshunis, be that as it may there are some references
of cutting edge comer Bhikshunis and taking charge of their instruction. It makes
clear that there must have been many course of activity for their instruction.

There were Bhikshunis whose otherworldly data was exceptionally tall and they
might affect a extraordinary number of people. Many Bhikshunis took the
commitments of social organizations additionally. They serve the wiped out, vagrants,
etc., and considered it to be their prime commitment. Many of them had considered
the rationale significantly and had gotten to be poetess and researchers. . A number of
them had examined indeed legislative issues and took energetic portion in
authoritative issues of the day. A couple of them had without a doubt gone to outside
6
http://www.vkmaheshwari.com/WP/?p=522 visited on 24-52020

13
countries to address Buddhism. Sheelbhattarika, Prabhudevi and Viyanka were well
known in those days as scholars and writers. The sister of the Autonomous Asoka
Sanghamitra was outstandingly prevalent Bhikshunis, who had done shocking
organizations of Buddhism. Amid the Buddhist period , accessible of instruction
generally to tall caste ladies, where the common and low caste ladies were denied
under this period.

2.4. During Muslim Period

During the Muslim era, the literacy level of the women in that period was quite low.
During that period the prevalence of the Parada system. This Parada system was quite
famous among the class of higher and richer sections. It was considered as to the
prevalent to protect the women from abduction and kidnapping activities from the
Muslim rulers, noble and officials. During the era ‘Paraden system’ creates the
consequences of lesser percentage of women in the acquiring the higher education
while attending the educational institution. Women did not get the standard of
perfection.

They only receive some sort of domestic training and how to look after the household
chores. Education during that period were only for few fraction of the ladies who are
basically belong to the Royal and Wealthy families. They being provided the
education in their homes by the private tutors. Girls belong to the royal Muslim
families being provides education in their homes and palaces. Daughter of Iltutmish
Sultana Razia (1236-1240) received the education and training in addition to training
of arms and horse riding. However educating the women during the medieval period
was limited and restricted. Only for Royal and Wealthy families during that era.

Due to the Pardah System , education to women to women was not universal and no
education being provided during that period on massive scale. Large section of
women during that period remain illiterate and backward in terms of gaining
education. They usually received education form their parents. Where elderly ladies
in the family trained them in cooking, sewing, stitching and looking for young ones.

14
Worst part during that period was that there were no systematic and conscious to look
after the matter of education. Only few of them got the opportunity to received the
education.

2.5. British Period

During the British period, “the East India Company did not consider necessary of
teaching women as compare to men.” Perhaps they hold the position as lady clerks,
officers which are not require for administrative purposes. Thus “Williams Adams
wrote about the female education in 1838.” “All the established native institutions of
education exist for the benefit of the male sex only, and the whole of the female sex is
systematically consigned to ignorance and left wholly without even the semblance of
a provision for their instruction.”

During the East Company rule, “there were not separate schools for girls and hardly
few girls were attending the boy’s schools”. During that period girl’s schools mostly
run by missionaries and private bodies. In the year 1851, Protestant Mission conducts
86 boarding Schools. “According to the Education Dispatch of 1854,there were 256
girls school in Madras(Chennai), 65 in Bombay (Mumbai), 288 in Bengal and 17 in
North West Provinces”.

During the Period “(1857 to 1902)”

“The Education Commission (1882)” put concerned the women education As the
women education regarding is still in the backward position and need to be fostered in
the legitimate way. Thus the commission recommends to spent large public funds on
the women education. There were also emphasis by the private bodies in uplifting the
women education. They have been noticeable by the “Europeanized communities viz
BrahmoSamaj, the Parsees and the Christians.”

15
From (1902 to 1917)

Due to reform of education system in the country, the feeling of positive apathy
changed to the active apathy related to women education. Whereas the education
department have taken initiative in order to improve the standard of women
education. Various separate schools were setup especially for women, whereas
inspectors have been appointed to look after the funds which are being provided for
private entity.

Various Initiatives have been put forward in order to attract ladies in the teaching
profession. There have been various initiative put forward for the encouragement of
the women education. In the year 1984, Mrs. Annie Besant with the objective of
importing the “Western education established the Central Hindu Girls School in
Banaras (Varanasi).”

In 1916, the first Medical College named “Lady Hardinge College, Delhi” was
established for the fairer sex in the country.

1917 the Overall 12 Arts Colleges, 4 Professional Colleges and 166 Secondary
Schools for girls have been setup. As the women in the majority didn’t continue their
studies in the School for longer period. Very Few girls want for higher education.

From (1917 to 1947)

These periods were terms as the period of revolution as the development of women
education takes place very rapidly. At the time of Independence, there were 30
thousand institutions were setup and approximately 50 lakh women were enrolled and
getting education from Such institutions.

16
2.6. “Indian Women Education During the Modern Period”

After the Independence, there have been enormous changes takes place in the field of
women education. Many “Committees and Commission” were established in order to
uplift the women in their education.

1. DurgaBaiDeshmukh Committee 1958

2. HansaMehata Committee--- 1964
3. National Policy on Education—1986

There have been various changes takes place in improving the status of women
education. More emphasis has been made to remove the disparities and equalization
of opportunity in acquiring the education.

2.7.Gokhale Bill

On March,18,1910, Gokhale moved a resolution in the “Imperial Legislature Council”

to recommend to elementary education free and compulsory throughout the country.
Gokhale also clarifies that the object of the Bill was to provide “for the gradual
introduction of the principle of compulsion into the elementary education system of
the council”. As this official members of the Council did not react favorable to the
resolution, as the 33% of the male population was already in school. As the reason
was held not willing to take the responsibility of such radical move. Finally the
Gokhale will was withdrawn.

Again Gokhale withdrawn the bill on 16 March,1911 more or less it was same as
earlier. But includes other remarkable features in the Bill such as it was permissive in
nature, local bodies were given right to levy cess to meet the cost of free and
compulsory education. Gokhale bill received the national wide importance and wide
support of the citizens of the country. As his efforts got the significant contribution in
respect of the compulsory education.

17
It includes various features in the Bill:

1. To established the Department of Education under the guidance of the

Government of India.
2. Where the governmental authorities is published the yearly progress report on
the education and the development in this area.
3. It gave stimulus to the provincial government in the desired direction. The
lead was given by the Bombay Government. Due to the efforts of V.J. Patel,
“Bombay Primary Education (District Municipalities ) Act of 1918” ( also
known as the Patel Act) was passed.
4. It made the people conscious of the need for spreading primary education as
extensively as possible.

2.8.Wardha Scheme

M.K. Gandhi believed that the colonial education plays had no relevance for the
majority, as it was mainly to support and sustain the colonial rule. Whereas Gandhiji
considered as education is the effective needs of the country for the national
reconstruction. Whereas the Gandhiji in his book ‘Harijan’ sated the articles
discussing about the educational ideals discuss the scheme of “Universal education
for all children between 6 and 14 years”. Where Gandhiji emphasis on the women
education.

In Oct,1937 under the Presidential Conference was held at Wardha. Where this
schemes if the education got his name known as Wardha of Education. Further also
referred by the names as Scheme of Education/Nain Talim/ Basic
Education/BuniyadiTalim(Shiksha) etc.Gandhi was critical of the existing system of
education and opposed English as the medium. Some of the major features of the
resolution were:

18
 1. To provide “free and compulsory education for 7 years on a nationwide
scale.”
2. Medium of Instruction to be in “Mother tongue.”
3. Remuneration if teachers to be covered by the system of education.
4. Children will be given training in some handicraft with due regard
environmental friendly to the child.

The Conference appointed the committed where it was headed by the Dr.
ZakirHussain. The committee submit the report on Dec 2, 1937. The Wardha Scheme
was accepted by the congress.

However, the basic education was not free from criticism. The major crticisim
revolved around issues which included undue emphasis on craft as the only basis of
correlation, neglect of child as too much emphasis on craft, the remuneration its
shortcomings, after Independence it was accepted as the national system of education
at the primary stage with some modifications. The Education Commission (1964-66)
considered the movement of basic education as the landmark in the history of
education in India.

19
 CHAPTER III

3.1. Right to Education and Provision in Indian Constitution

Under the Article 21(A) says that state shall provide free and compulsory
education to all its citizens of the Age 6 to 14 years. The Directive Principles of
the State Policy provides that state shall provide free and compulsory education to
all up to the age of 14 years. Initially the Constituent Assembly didn’t make a
education a fundamental right, further its provides free and compulsory education
as the directive principles which although not enforceable by the court of law. In
the original Constitution, education was confines in the Part IV of the
Constitution.
Under Article 41 provides that the state within its limits of the economic capacity
and development makes effective measures for securing the right to work and the
right to education. Further to protect the interest of the religious and linguistic
minorities the special provisions have been put in the fundamental rights under the
Part III and Article 30 by administrating and establishing the educational
institution of their choice. Therefore the Article 26 provides that every religious
denominator or a particular section have been authorized to established and
maintain institution for religious and charitable purpose.

However the right to education is quite different from the other constitutional
social rights, the main reason of being Article 45 gave the different promise than
the other provision within the constitution as its impose the tome limits of the 10
years to implement the right o free and compulsory education. Among all the
Articles of the Part IV of the Indian Constitution speaks of the time limit within
which right should be made justifiable.

In addition to the Article 45, the right o education has been referred as the
Article41 and Article 46 of the directives principle as well. Similarly the Art46 of
the Constitution requires the State to promote the special care to the educational
and economic interest of the weaker section of the people, especially the

20
 scheduled castes and Schedules Tribes and to protect them from social injustice
and all forms of the exploitation.

Article 29 and 30 incorporated in the Part III of the Constitution as the

Fundamental Rights lays down the certain provision related to the right of
education. Under this says that no citizen shall be denied of admission into any
educational institution maintained by the state and receiving aid form the
government fund. There shall be no discrimination on the ground of any religion,
race, caste, language or any of them.

From the 86th Amendment Act 2002 inserted the Article 21(A). This provision
says that state shall provide free and compulsory education to all children of the
age of six to fourteen years in such manner as the state may by the law determine.
In the Article 457 the changes made by the 86th Amendment Act says that Sate
shall provide early childhood care and protection for all children until they
complete the age of six years.

In the Art. 51(K) 8the clause (k) have been added, as its becomes the fundamental
duties says that the parent or guardian to provide opportunities for children to his
child as the case may be ward between the age of six and fourteen years.

3.2. Judicial Contribution towards Right to Education

For the development of the individual personality right to education is the

essential aspect. It enables them to be the better citizens. Children right to
education is one of the essential instruments of bringing the development of the
individual personality. It further enables and motivate for the better participation
in the political. Cultural and social life of the community. It tries to overcome the
barriers of exploitation and inequalities among the citizens.

7
Ibid.
8
Ibid.

21
 “Learning liberates from ignorance and prejudice that blind the vision of truth.9” It
tries to motivates each and every individual to lives and better life and actively
participate in boosting up of economy. In briefly, it can be said that education can
bring social transformation. It further adds moral and ethical values.
The educated persons tend to have broad outlook, better mindset and different
lifestyle on comparing with the uneducated person. For achieving such purpose,
the Supreme Court of the country has taken various steps to protect and
safeguards the basic liberties and right of the individual.

It makes a difference to overcome misuse and conventional disparities on the base

of caste, lesson, race and sex. The esteem expansion within the human behavior
and way of life or vision seem as it were stories put with the early education.
As it’s the Constitutional duty to safeguard and enforce the basic liberties. It is
particularly for the benefit of the poorer, the deprived sections of the society.
To overcome such changes in the society .Bringing from time to time in Directive
principles and developmental rights. As right to shelter, right to education and
right to food, so on anther justiciable right to life in Art. 21.individual particularly
to the benefit of the poorer, indigent and marginalized section of the society.

Under the Constitution, the right to education is the essence of social

transformation in the society. Education up to age of 14 years raised by decision
of the Supreme Court in the Unnikrishan Case10. Where Court held that children
of the age group of 6 to 14 year would be given compulsory education and hence
it’s a “fundamental right”. Due to 86th Constitutional Amendment Act 2002, the
new article Art. 21 A was added and made the education of the age group of 6 to
14 years is the fundamental right. Supreme Court says that right to education is
merly directive principles and further the government of India and State were
obliged to ensure “the right to free education of every child up to the age of 14

10
AIR 1993 SCW 863

22
 years.”As there was no distinction between girls and boys. Further Court directed
to uphold the girls education in India.

In the Mohini Jain V. State of Karnataka11 Supreme Court held that “Right to
education is emanated as the fundamental right guaranteed under the Art.21 of the
Constitution.” Where charging of the Capitation fee for admission would be result of
the denial of the fundamental right to education.

In the case of Mohini Jain V. State of Karnataka case popularly known as “

Capitation Fee Case”. Under this case Hon;’le Supreme Court judgment stated that
“Right to education is the fundamental right under the Art.21.” “Such right to
education cannot be denied citizen by charging the higher fee particularly known as
“Capitation Fee”. As right to education flows form right to life. It is one of the rights
of personal liberty and life ensured by Art.21.”

In the following judgment the Hon’ble Supreme Court rightly observed that ‘ the
state is under obligation to create conditions in which the fundamental rights can be
enjoyed by all and provide education facilities which is easily accessible to all.’

In the following case, the petitioner challenged the validity of “Karnataka Educational
Institution (Prohibition of Capitation Fee) Act 1894 which was passed y government
to regulated the tuition fees by the private medical colleges.” The division of Bench of
two judges held that “Right to education at all the level is fundamental rights
guaranteed to citizens.”

Under the Act the tuition fees which were fixed for government seats were Rs.2000
per annum. The Karnataka Student (other than government seats student) were
charged Rs25000 per annum. The third category student for outside Karnataka
students Rs 60,000 per year.

11
AIR 1992 SC 1858

23
Issue arsis when the Mohini Jain MBBS student from Meerut was admitted by
depositing the fees of Rs 60,000. But the management asked for the capitation fees
Rs.4.5 lakh. Further she files the Public interest Litigation against the Karnataka
government seeking right to education as the fundamental right of every citizen.

Further says that “Charging of Capitation fees by the education institution for
admissions is illegal and amounts to denial and violate of Article 14 as its being
arbitrary , unfair and unjust.”

Subsequently in the case of Unnikrishan v/s State of Andhra Pradesh12, Under this
case the Honble Supreme Court has “To examine the correctness of the decision given
by the two judges Bench.” In this case the five judges bench held by 3:2 majority
agreed with the decision of Mohini Jain case. Says that right to education is the
fundamental right enshrined in the Article 21 and flows from right to life. But in
Mohini decision the bench partly overruled the judgment. “The court held right to free
education to children only up to age of 14 years, but after the obligation of the state to
provide education is subject to the limits of its economy capacity and development.”

The state government is under the obligation as per Art. 41, 45 and 46. Sate developed
as its own institution or aiding , recognize and financial assistance to private
institutions.

“The meaning of life and personal liberty enlarged in the case of Bandhua Mukti
Morcha V. Union of India and others”13. The Hon’ble Supreme Court held that it is
the solemn duty to provide the basic education who are working in different industrial
area and factories. The government is further directed to take such steps and evolve
various schemes assuring the education to all children.

12
AIR1993 SCC 645
13
AIR 1984 SC 802

24
In the case of TMA Pai Foundation V. State of Karnataka14Under this case the
Supreme Court held that the schemes formulated by Court in the UnniKrishnan case
held “unreasonable restriction within the meaning of Art. 19(6) of the Constitution.”
As it result in shortage of revenue and difficult for educational institutions.
Consequently order sanctions given direction to staff in furthermore of the order of
Unnikrishnan became unconstitutional. The court observed in the case that right to
established and administer an institution includes right to admit students, right to
setup reasonable fee structure, appoint teachers and staff.

Further TMA foundation case for the first tome brought the concept of education as
an ‘Occupation’. A term used in Art.19(1)g of the Constitution. Under the Art.19(1)g
and Art.26, confers to “all citizens to establish and linguistic minorities to establish
and administer institution of their choice.”

In Islamic Academy of Education V. State of Karnataka15, observed the issues

regarding the determination of fees structure by private unaided professional
educational institutions.” It was submitted that the management have been given full
autonomy not only to admission, “further regards to fee structure which could include
reasonable revenue surplus for the purpose of development of education and
expansion of education.” Further Court held that the state can fix the quota for
admission in educational institution but it cannot fix fees and admission be done on
the basis of common admission test or merit.
“The Apex Court also held that right of education further means that a citizen has a
right to call upon the state to provide educational facilities within the limits of its
economic capacity and development.”16

Similarly in the case of Dipak Kumar V. Kolkata Municipal Corporation17, Court

stated that right to education is interpreted in the right to development as a human
right. Education considered as basic human right.

14
AIR 1993 SCC 276 p.285
15
AIR2003 SCC 697 p.741
16
Modern School vs. Union of India, AIR 2004 SC 2354.
17
(2013) 5 SCC 336

25
Similarly in the case of Ashoka Kumar Thakur vs. Union of India and others18 right
says that India has suffered in past and has decline in promoting higher education,
therefore special care is needed to strengthen the education system of the country. In
the Judgement the Hon Justice K. Ramaswamy and Justice Sagar Ahmad observed
that “Illiteracy has many adverse efforts in a democracy governed by rule of law.
Educated citizen could meaningfully exercise his political rights, discharge social
responsibilities satisfactorily and develop spirit of tolerance and reform”19

In the case, Institute Commission of India V. St. Mary School20Honlbe Supreme Court
held that there cannot be delays in filing up the vacancies of the teaching post. Where
Delhi Administration indicates that to would take at least two years for filling the
5302 vacancies for trained graduates for the post of primary and secondary schools.
On this situation, Court held that there cannot be any justification for such inordinate
delays.

Since right of children to “free and compulsory education is the fundamental right
under Art. 21.” It is getting infringed due to the shortage of teachers which has the
adverse impact on the education of the children in their studies.

Further court held that children have right to basic necessity for their education and
quality education without any kind of dissemination on the ground of their economic,
social and cultural background.

3.3. Post Independence

After the independence during the Constituent Assembly debates, “education became
part of the Directive Principles. Part IV Art. 45 says that it the state to provide free
and compulsory education until the completion of 14 years.” Although it was not the

2013SC927(931)
18
(2010 (4) SCR 145.
19
Ibid.
20
(2007) 12SCC 210:AIR 2007SC 2091(2007)4SLR572.

26
fundamental right but the urgency felt. On the recommendation of “Kothari
Commission (1964)” to setup the common school system which could demines the
inequality from the education system. Till this recommendation, the government tends
to focus more in maintaining the educational equality.

In the year 1968, “the National Policy of Education” come into effect which retains
the concept of “free and compulsory education.” Afterwards, in 1986 the New
Education Policy reaffirmed the goal of “universalisation of school education”. It also
introduce non-formal education into India for the first time.

During the 1980s and 1990s “several efforts have been initiated by central and state
government to achieve the goal of universal education.”

Various interventions such as “Operation Blackboard, the Shiksha Karmi Project and
the UP Basic Education Project.”Various committees being formed to deal with the
issues and challenges which are arising in education. In 1990, for the first time by
the“Acharya Ramamurti Committee.”, suggested to include “Education as the
fundamental right”. Subsequently in the year 1993, “the Hon’ble Supreme Court
passed the landmark judgment in Unnikrishan v. Andhra Pradesh Case.21 In the
judgment court says that,“right to education was not a mere directive principle , where
its obligates to provide free and compulsory education up to 14 years.” As right to
education is the right flowing from right to life enshrined in Art.21.”

The facet cited was that the ten year limit had expired and therefore the states were
bound to honor the constitutional command make it a reality. Then in 1996, the Saika
Committee recommended unanimously that the right to education to added through an
amendment to the list of Fundamental Rights. Further the establishment of the
Majumdar Committee in 1999, which would look after the funding invested in the
universalization of education.

21
ibid.

27
Such efforts above mentioned was before 2002. The “86TH Amendment Act 2002”
was passed which made education from the age group (6 to 14) years as the
fundamental right. Further, makes the fundamental duty also which ensure that every
parents or guardian to send their children to admit in school for getting education...
Article 21A and the RTE Act came into effect on April 1, 2010. It seeks not only to
guarantee elementary education but also to reform the system .
“Free education’ means that no child, other than a child who has been admitted by his
or her parents to school which is not supported by the appropriate government shall
be liable to play any kind of fee or charges or expenses which may prevent him or her
from pursuing and completing elementary education”.
“Compulsory Education casts and obligation on the appropriate government and local
authorities to provide and ensure admission, attendance and completion of elementary
education by all children aged between 6 and 14 years.” With this , India has moved
forward to right-based framework that casts a legal obligation on the central and state
government to implement this fundamental right as enshrined in the Article 21A of
the Constitution , in accordance with the provision of the RTE Act.

Under the RTE, provisions every school must fulfill various condition in accessing
the right to education. Such as safe building of school, drinking water facilities, ramp
facilities for disabled children’s , electricity connections and library and computer
facilities. Further provision of providing 25 % of reservation in the private schools
for the children belonging to the weaker sections or economically disadvantage
groups. One of the important provision is that each state has been asked to setup a
State Commission for Protection of Child Rights. The work of the Commission is to
look onto various aspects and take necessary steps. States like Karnataka,
Maharashtra, Sikkim and Delhi have setup the “State Commission for Protection of
Child Rights”.

3.4. Women Education after Independence

28
After India got Independence, the status of women education has changed steadily.
This is due to providing of the equal opportunities in education. The govt. of India
initiates various programme and policies in all aspects like education, social economic
and political for the betterment of the women.
In the human resource development and country’s economic growth, the education is
an essential aspects. Due to the increase in the literacy rate can improve the several
socio-economic indicators such as low literacy rate, female feticide, poverty and
increases the life expectancy. For such types of recognition created the awareness in
improving literacy rate and focuses on universalization of elementary education.

The task of providing elementary education was more importance, when the
government formulated the policies called “National Policy of Education (NPE)” in
1986. As per the Supreme Court in the Unnikrishanan Case 1993. Where the court
held that , primary education is the fundamental right by the “86th Amendment Act
2002 was enacted by the Parliament to provide free and compulsory education of the
age group (6-14) years.”

The Government is firmly focus on providing “free and compulsory education” in

order to remove the eradication of illiteracy and providing education to women,
equality and focus on SC/STs and OBC and minorities in primary education. For such
initiative the government of India has launched various policies and programme such
as Sarva Shikhsha Abhiyan, District Primary Education Programme , “National
Programme for education for girls at Elementary level”, Prambhika Shiksha Kosh,
Mahila Samakhya National Programme of Nutritional Support to Primary Education,
development of women studies, post doctoral fellowship for women, Such as for
building hostels for girls in both rural and urban areas and other schemes for higher
education level.

3.5. “Right to Education as a Fundamental Right and challenges in

Implementation of the RTE Act”

29
Quality of education has been considered as the backbone of the dignified life. One
hundred twenty five years ago, “MahtamaPhule” made the revolutionary demand for a
“Fundamental Right to Free and Compulsory Education” to the British Government.
However, this demand remains unfulfilled even in independent India.
On April 1, 2010 a history was written in Indian Law, when a law relating to right to
education was enacted by the legislature of the country.

3.5.1. “Implementation of RTE Act 2009”

Theyear 2010 had been the landmark year in the field of education in the country.
“The Right to Education Act, 2009”, representing the consequential legislation to the
Constitutional (86th Amendment ) Act, 2002 was enforced with effect from 1
april,2010. “The act makes education as a fundamental right of every child between
the age of 6 and 14 years and specifies minimum norms in elementary schools”.
“As per this rule, all private schools have to reserve 25 percent of seats for children of
EWS ( to be reimbursed by the state as part of the public-private partnership plan). It
all prohibits all unrecognized school from practice and makes provision for no
donation and capitation fees and no interview of the child or parent for admission.

The act also provides that until the completion of elementary education. There is also
a provision for special training of school dropout to bring them up to par with student
of the same age. The act lays down specific responsibilities for the centre and state
and local bodies for its implementation.”

“The RTE legislation that we have enacted has potential to transform schools and
lives of the children, the implementation of this legislation is not just a matter of
providing more resources, it is the dedication and commitment of our teacher that will
ultimately help us to achieve its goals and objectives.”22

22
https://indianexpress.com/article/india/education-news/role-of-teachers-crucial-for-rtes-success-pm/
(August 10,2020)

30
Teaches have play a crucial role in the shaping the future of the country. “They
further should inculcate the progressive and rational attitudes among children in order
to balance between tradition and modernity”23. The RTE act which has the potential to
transform the schools and lives of the children.

3.5.2. “Introduction to the RTE Act”

The RTE Act guarantees “free and compulsory education to all the children ages
between 6 to 14 years.” Under this act it covers the entire cycle of elementary
education. Further it regulate the entire curriculum, rules and regulation of school,
regarding the infrastructure and facilities provided in the school. The act doesn’t
cover the children below six years. It covers the elementary cycle of the education in
the neighborhood school. “Further it guarantees the education of specific standard,
subscribing to norms of school infrastructure, hours of instructional time and days of
school functioning, pupil teacher ratio and teacher quality.24 The does not covers the
specifically the children of the below the age of six years.”

Under this Act, the “Concept of compulsory education implies that state is under the
obligation to provide free and education up to the age group of 6 to 14 years.”
Therefore the child cannot be denied of getting admission. The act guarantees
“compulsory education till the completion of the elementary education or we can say
he/she completed the class VIII”. It is irrespective of age, as the age from fourteen
years can exceed. As it the state obligation “to provide free and compulsory
education.”Where on the other hand, it’s also the parents fundamental duty to send
their child to school. Especially the parents of the girl child to admit them in school.
Due to social disparities, parents refuse to send their girl child to school. As the state
government obliged to perform the duties and “it’s also the duty of the parents and
guardian to send their girl child to school.”

3.5.3. “Overview of the Act”

23
Ibid.
24
https://humanrightsoncampus.wordpress.com/2012/04/04/know-your-rights-rte/ (August 11,2020)

31
The RTE Act is the “detailed and comprehensive statute” regarding the rights and
procedure of the education. It includes school curriculum,teacher’s qualification and
“provision related to implementation of right to education.”
Following provision under the act described below as:
1. The provision related to the “age group of (6 to 14) years is entitled to get free
and compulsory education in a neighborhood school till the completion of
elementary education.”
2. Private schools must entitled to enroll the one fourth of the seats to the
weaker section people.
3. Under the provision, the School Management Committee (SMC) must be
setup. Under this committee the parents and guardian and teachers where ¾
members are parents and teachers.
4. “All schools excluding governmental schools are required to be recognized by
meeting specified norms and standard within the period of 3 years.”

3.5.4. Teachers Qualification under the Act

The Central government directed the “Academic authority toled down the minimum
eligibility qualification for teacher selection. Established of the training centers
especially for the teachers.
“The National Council for Teacher Education (NCTE)” shall led down minimum
qualifications for teachers. Further the state government to conduct the Teachers
Eligibility Test (TET) for filing up the vacancies of teachers.

In the Act, more focus was on increasing the ratio of female teacher’s in the primary
and secondary level. For performing such recruitment, Its obligatory to maintain the
standards and more emphasis on teachers quality. As these teachers would shape the
young minds. This initiates would help in minimizing he dropout rates of girls child.

32
3.6. Various duties of Teachers prescribed under the Act

1. Under this duties prescribed to teachers to maintain its attendance and

punctuality in the school. Not only teacher but also motivate the students to
attend school regularly.
2. Teacher need to complete the entire curriculum on time. Further follow the
guidelines issues by the authority from time to time.
3. Teacher to hold the regular meetings with the parents. To discuss the children
behavior, its attendance, progress details with the parents and guardian.
4. Perform “other duties as may be prescribed under the Act.”

3.6.1. Teachers and Restriction

Under this act, major restriction was listed that no teachers can engage in private
tuition or private teaching activity. “Further no teachers shall be deployed for any
non- educational purpose other than the decennial population census, disaster relief
duties or duties related to elections to the local authority or the State Legislatures or
Parliament as the case may be.”

33
3.6.2. Teachers and Government

The appointing authority, in relation to a school “established, owned, controlled or

substantially financed by funds provided directly or indirectly by the appropriate
government.”25
It also ensures the vacancy of teacher in a school under its control shall not exceed 10
percent of the total sanctioned strength, any officer or employee of the government of
local authority violating this will be liable for disciplinary action.26

3.7. Universalisation of Elementary Education

Under the concept of ‘universal of elementary education’, its prime focus was to
provide the elementary education of (class I to VIII) all the children’s of the age
group 6 to 14 years.
As UEE being the major priority in the National Policy of 1986 which stressed upon
the elementary education.
1. Firstly focus more on the access of education ad enrolment rates of the girl
child.
2. “Universal retention of children up to 14 years of age”
3. It ensure to improve the quality of education. It emphasis to remove the
disparities and provide the educational opportunities.
4. Under UEE, education provided will be free of cost to all the children up to 14
years of age.

25
http://www.rtemaharashtra.org/index.php/teachers (August 10,2020)
26
ibid.

34
 Following Targets of Universalisation of Elementary Education

Universalisation of Elementary Education (UEE)

Universal Access Universal Retention Universal Achievement

“Universal Access”:
Under this target, there would be universal access of education of all. Especially, there
would be special focus on the enrolment of girls. Further the provision of setting up of
schools within the walking distance of 1 km. facilities to be provided for school
dropout and working children.

“Universal Retention”:
Under this target, to minimize the dropouts and increase the enrolment rate at the
primary and upper primary level.

“Universal Achievement”:
“Achievement of minimum levels of learning by almost all children at the primary
level.” Introducing this concept at the upper primary stage.

35
 CHAPTER IV

4.1. “Right to education on International Instrument”

Right to education is recognized, promoted and protected all the levels both at the
regional and international level. Its has deep impact on the life of the women.
Education plays an vital role in “empowering women, safeguard them from
exploitation and hazardous labor, sexual exploitation.”Promoting human rights and
democracy. Several international convention, numerous reports by the “United Nation
(UN) bodies stress on the importance of the fundamental right to education. Right to
education have been codified in ICCPR, UDHR, CEDAW AND CRC.”

4.2. “Right to Education in Universal Declaration of Human Rights(UDHR)

1948”

Under the Art. 26 of UDHR, clearly says that “everyone has the right to education.
Its further directed that at the for the full development of the human personality,
strengthening respect.”

UDHR & ICESCR takes about making “primary education free and compulsory to
all”, where the higher level for education generally to be available and accessible to
all.

It further acts as “the principle instrument in awakening the cultural values and
preparing them in professional training and helping them to adjust in this

36
environment. Such as opportunity, State has undertaken to provide and right must be
made available to all at equal terms.”
Art.13&Art.14 of “International Covenant on Economic, Social, Cultural Right 1966,
which recognizes that state parties shall recognizes that the right to everyone to
education and maintain primary education shall be compulsory and available to all.”
Whereas Art. 14 ICESCR obligates that the state parties who don’t provide free and
compulsory shall sign an covenant and undertake to adopt within 2 years and “the
detailed plan of action for the progressive implementation of free and compulsory
education within a reasonable time frame.”

4.3. “Convention on the Elimination on the Discrimination against Women

(CEDAW)”

CEDAW was enforced on 3 Sept 1981. It is one of the most comprehensive set of
legally enforceable and committed related to gender and equality to education based
on discrimination against women. “The provision of the Convention 1952 covers the
civil right of women and their legal status.”

“Women right to non discrimination in education, employment and economic and

social activities are affirmed.” This provision particularly emphasis on the education
of women belonging to the rural areas.

1. State parties shall take appropriate steps for eliminating discrimination and
ensuring them “equal rights, as that of men in the field of education.”
2. Such access of education on career and vocational guidance, establishing
institution of “all categories in rural areas as well as urban areas.” Same
opportunity such as scholarships and other study grants to be given to girl
child and women.
3. Increasing the literacy women as compare to the men.
4. Looking after the factors and reasons of the female dropouts.
5. Equal Opportunity in the participation of the sports and physical education.

37
4.4. “Right to education in UN Convention on the Rights of the Child (CRC)”

The United Nation Convention on the Rights of the Children, 1989 has also been
recognized “as the complete Code of the children’s rights i.e., the development of
child personality, talents, mental and physical abilities with the force of international
law as compared to the earlier instruments which proved to be a toothless exercise.
India made an international commitment on 11th December 1992 by ratifying the
convention.”

“The Government of India has subject to resources undertaken to take positive

measures to progressively implement the provision of the CRC, which mainly focus
attention on certain priority issues affecting children, like child labour and
compulsory education. It implies that the learning experience should be not simply a
means but also an end in itself, having intrinsic worth. It suggests an approach to
teaching that upholds the idea of a child-centered education, using teaching processes
that promote or at least do not undermine children’s rights.”

4.5. “Right of Education in International Covenant on Civil and Political Rights

(ICCPR)”

Under the ICCPR, 1996 clearly express the specific expression to right to education.
Article 18(4) of the ICCPR “recognizes the fundamental role of parents in directing
their children’s education. States Parties undertake to have respect for the liberty of
parents and legal guardians to ensure the religious and moral education of their
children in conformity with their own convictions.”27

27
CESCR. General Comment No.13 (Twenty-First Session, 1999) [UN Doc.E/2000/22] The Right to
Education Article .13 ICESCR) [Compilation, 2004, pp.71-86], para.1 (August 13,2020)

38
4.4.1New Recommendation focus on education for women and girls as the
human right

The committee on the CEDAW releases the primary recommendation in right to girls
and women education, they further pointed that MDG’s (Millennium Development
Goals) for all the children to complete a full cover of primary schooling, with the girls
have equal opportunity to achieve this. As education is considered as the one of the
effective tools for sustainable and inclusive goal for universal education. But till the
goal for universal education have not been achieved yet.

This situation led to an inclusion for setup the goal for quality education for all in
2030 Sustainable Development Goals. Two critical targets are to be established:

a) Ensuring the all the boys and girls must complete free, equitable and quality
primary and secondary education. Such education must turn into relevant and
ensuring effective learning outcomes.
b) Further to eliminate the “gender disparities in education and ensuring equal
access to all the levels of education vocational training for the vulnerable
groups.” Especially more focuses on the disable, indigenous people and
children in vulnerable situations.

“The Education 2030 framework for Action, especially acknowledged that the gender
equality is inextricably linked with the right to education for all.” For achieving this
right based approach must be adopted.28 Such approaches ensures that both female

28

https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW_C_GC_36_8
422_E.pdf visited on (August 14,2020)

39
and male not only get the access but also complete the education cycle, they should be
empowered equally and through education.

The Committee points out, however, “certain factors disproportionately prevent girls
and women from claiming and enjoying their basic human right to education. These
factors include: barriers to access for disadvantaged and marginalized girls and
women exacerbated by poverty and economic crises, gender stereotyping in curricula,
textbooks and teaching processes, violence against girls and women in and out of
school and structural and ideological restrictions to their engagement in male
dominated academic and vocational fields.”29 `

Such recommendation has the three dimensions

1. Right of access education

2. Right within education
3. Right through education

“Such tripartite framework largely reflects the right to elaborate in the 4 A’s
framework of accessibility, availability, affordability and adoptability.

29
http://www.wg-usa.org/website2014/new-cedaw-recommendations-focus-on-education-for-women-
and-girls-as-a-human-right/ visited on 12-7-2020

40
 CHAPTER V

5.1. Commission related to Education

For ensuring the education system for the nation. The commission is setup by the
government in order to ensure the socio-economic and cultural development of the
people in the society. Thus education has also become an instrument for the
preservation of the status quo and continuation of privilege.

5.1.1. Education Commission (1948)

The first significant step taken “the Government of India” after the independence in
the field of education was establishment of the University Education Commission
(1948). It was headed by the DR.Sarvapalli Radha Krishnan.

As per the commission, in the democratic society the learning must not be limited to
the elite sections, it must be access to each citizen of the country.. This commission as
called by the popular name as “RadhaKrishnan Commission”. It was said “Education
is a universal right, not a class privilege.”

This commission looks after the requirements and problems which are arising in the
higher education. Ensure the improvement in the light of the requirement of the
country and its traditions.

Such efforts signaled the government intention to emphasis on University Education.

The idea behind it was that education mainly for secondary and higher education
level. This is initiated for the better opportunities for industrial development.

41
The commission presented its report on University Education in 1948.
1. Ensuring the future requirement of the country.
2. Vocational Educational programees, where newly independent state wanted to
be concentrated on the promotion of the industry.
3. Primary education must be extend in order to provide the large number of
graduates.
4. Recommends the procedure of the course curriculum of the study.
5. The basic purposes of the university education are to produce good
administrator, suitable and skill worker who could took the responsibility in
the welfare state.
6. Regarding the teachers appointments, qualifications, condition of service,
salaries , allowances and functions of the teachers.
7. There shall be the provision of the advanced study related to art, cultures,
literatures, and philosophy .30
8. There shall be maintenance of high standards of teaching in University and
colleges.
9. Regarding the finance of the universities.
10. The main aim is to develops the spirit of brotherhood, communal harmony,
“without any kind of discrimination on the basis ofreligion, race,
color.”Further , ensuring the freedom and peace.31

For studying the problems of higher education. The questionnaire been made and send
to over 600 persons. Further its has interviewed various administrator, educationist
and several organization. From gathering the information, report contains of 18
chapters which consist of 747 pages of Volume I and Volume II based on statistical
data based.32

30
http://www.kkhsou.in/main/education/national_policy1992.html (August 13,2020)
31
ibid
32
Ibid.

42
“They shall not try to imitate men, but shall desires as women and men education,
good education as women as men get as men. Women should have many elements in
common but should not in generated but identical in all respects.”

The commission emphasis on the women education where women play an effective
role in the development of the nation. Commission recommends to ensure the women
education especially living in the rural areas.

5.1.2. The National Committee on Women Education

“As it has been said that education can be the most valuable means in achieving the
gender equality and empowering of women in the society.” Establishing of the
National Committee was the revolutionary setup by the government in 1958. It was
attainment for setting up to the problems arises related to women education. In the
planning commission, the panel suggested that to appoint the committee to look after
the various aspects of question which are arising in the education of girl in
elementary, secondary and in higher stages.
Conference held by the state education minister in 1957, agreed to setup a special
committee to examine the whole situation and the status of women education in India.
The committee recommends to setup as easily as possible the “National Council for
the Education of Girls and Women”, a separate body to give advises on women
education at the central level.

Advisory Committee Central Level

Joint Director State level

On the committee recommendation sates that the appointment of lady faculty in all
school, where there is no women faculty. More focus on the women enrollment in the
schools.

5.1.3. The Indian Education Commission (1882)

43
It has been seen that women education is still in extreme backward condition. For the
spread of women’s education, the commission made some important to the
government. The government should give more liberal grants to private girl school.
Establishment of normal school for training of women teachers, school fees should be
nominal.

5.1.4. Secondary Education Commission (1952-1953)

The commission stated that “ Our constitution has granted equal rights for both the
sexes in all works of life(Section 16 A). so every types of education open to men
should also be open to women. Women has made their marks almost in all the fields
which generation age would have been considered as unsuitable for them.”

1959- National Council for women was setup under the chairmanship of Sm.
DurgabaiDeshmukh. A special unit was opened I the central ministry of education to
look after the women education.

1961- The National Council for women education appointed “a committee under the
chairmanship of Sm.HansaMeheta, to solve the problem of a separate curriculum for
girls.”

The education Commission (1964) was fully endorses and advocated and full
implementation of the above committees. The commission said that,“for all the
development of human resources the improvement of human being and for molding
the character of children the education of women of great importance of them as that
of men.”33

5.1.5. Bhaktavatsalam Committee (1963)

33
http://iosrjournals.org/iosr-jrme/papers/Vol-4%20Issue-1/Version-2/F04123757.pdf (July,25,2020)

44
This committee setup in the year 1963, to study the problems which are arising in the
implementing the women education. The committees recommend the following
suggestion.

1. Both the Central & State government should act jointly and its procedures
must be implemented in a planned manner regarding the girls education
2. It further recommends popularizing the co-education studies at the primary
level.
3. There must be establishment of social education centers in the rural areas
especially for women’s.
4. There must be the provision of providing reservation to the women’s and
concessions in accommodation, conveyance.34

5.1.6. Kothari Commission (1964-1966)

“Destiny of India is now being shaped in classroom. Kothari Commission was under
the stewardship of Dr. D.S. Kothari”. Under this commission recommends various
measures for the development in the educational fields. It was to reconsider old
colonial institution into the national system of education. Education must be given
higher importance in the scheme of national development as the progress of the
country, development of financial sector, social activities and welfare activities. For
increasing the productivity , the commission led the foundation of science education.
Emphasis on the vocational education and agricultural and technological education at
the university stage.

The Kothari commission stressed on the women education and directed the
government to established major programmes to upload and determent efforts in
closing the between the literacy gap between men and women.

5.1.7. National Education Policy, 1968

34
https://www.yourarticlelibrary.com/india-2/women-education-system-in-india/84855 (July,26,2020)

45
“The education of girls should also received emphasis, not only ground on social
justice but also because its accelerates social transformation.”35 It further stressed
upon the girls education. This policy sated that there is a need to bring about the
“major shift in official policy and acknowledge education as a pre-requisite of gender
equality and empowerment of women.”

5.1.8. National Education Policy 1986

“Education will be used as agent on basic change in the status of women. The national
education system will play a positive interventionist role in the empowerment of
women.”36

In 1986, the Government of India introduced the new policies to the nation, this new
policies emphasis on removing the gender disparities and inequalities. The policy
introduce especially for the Indian women’s and peoples belonging to the SCs and
STs Communities. Since from the National Educational Policy 1968, could not
achieve the satisfactory result. For strengthens the education system to such deal with
such problems, the policies came with various suggestions and recommendations. For
achieving the social integration, the policy expand the scholarships and expand the
origin of providing adult education, appointing more and more teaching facilities
belonging to the SCs and STs community. Incentives been provided to poor families,
so the they can easily send their children’s to school, Various girls being deprived for
going to school or their attendance is very low. For such problems various initiative
and efforts done by the government to increase the enrolment rates and attendance of
the students especially to the girls child.Large number of female faculties being
appointed to face such barriers of girl’s education.

Since various recommendations have been introduce for the betterment of the
women’s education. Due to rapid increase of population, the problems of school and

35
http://mpbou.edu.in/slm/bedsede/secp02.pdf (July 25,2020)
36
http://www.campaignforeducation.org/wp/wp-content/uploads/2018/03/The-Power-of-Literacy.pdf
(July 25,2020)

46
institutionsarises. This policy introduced to developed large number of new schools
and institutions.

The NPE 1986, basically based on the “Child Centered Approach”.As it focus on
improving the status of primary education. Further launched , “Operation
BlackBoard” to improve the condition of the schools in all the States and Union
Territories.

Following NPE 1986, main recommendation regarding the women’s education.

1. For strengthening the education system for empowering women’s education

2. All the educational institutions must take active participation in changing the
women status by implementing programmes in the elementary level of
education.
3. For breaking the gender stereotypes mentality in the society. Education should
not be limited to schools and colleges. It must be widens the women access to
vocational, technical and professional studies.
4. Under the NPE, the dynamic management structure must be made in order to
response to the challenged and problems arise in the women education.
5. Under the Plan of Action, the monitoring will be created under the Planning
Division in the department of education to look after the matters of gender
issues which are arising in the implementation of policies, programmes and
schemes.. Such monitoring unit will be established at the state level.

Under the NPE, Plan of Action recommends to setup strict action plan for all
educational departments for addressing the gender related issues. To look after the
better possibilities in strengthening the girls education.

5.2. Programme of Action (1992)

47
In the year1992, the Janardhan Reddy Committee (JRC) submitted its report to
reformulate the action programme of NPE as it was revised accordingly. The
committee recommends various measures for the women’s education.37
1. Women’sare alsothe part of the country. So their positive role and this
contribution towards the society, economy and policy making must be shown
at the larger platforms].
2. In the empowering women, the committee recommends to inculcate the
quality of decision making and critical thinking among the girls child.
3. Women must take equal part in the development process.
4. For such implementation of empowering woman’s would only be their if the
more awareness been created in the knowing their fundamental right to
education. Then only women will be actively participate on the equal footings.
They must actively participate in the nations buildings.38

5.3. “National Policy for empowerment of women (2001)”

“The goal of this policy is to bring about the advancement and development and
empowerment of women. Equal access to participation and enjoyment of all human
rights and fundamental freedom by women equal basic with men in all spheres
political, economic and civil.”
In 2005, Commission under the Chairmanship of Shri TarunGagoi to examine the
existing scheme.“Increasing the participate and retentive of girls in all sectors of
education, to make the provision of NPE (National Policy of Education) and POA
(Programme of Action).”39

5.4. Schemes and Programmes for Women Education

1. National Women Commission (1992) to protect the right of girl in general.
2. Kasturba Gandhi Educational Plan (1997)
Educational Institutions in those areas where women literacy rate is very low.
3. BalikaSamvuddhiYojana (1997)]

37
https://www.yourarticlelibrary.com/india-2/women-education-system-in-india/84855(July 26,2020)
38
Ibid.
39
https://journals.sagepub.com/doi/10.1177/2158244017727037(August 13,2020)

48
 For girl child development
SaryavaShikhshaAbhiyan : to import quality education to girls and SC, ST
4. SwayamisidhaYojana (2000-2001)
Self reliance and empowerment of women
5. Kishori Shakti Yojana (2000-2001)
Adolescent strength and awareness (11-18)years
6. KanyaVidyaDhanYojana ; to promote higher education among girls.
7. Maulana Azad National Scholarship Scheme (2001) for the promotion of girl
education in India.
8. Gaurav Nar Niti (2002)- Women’s pride, gender equality etc.
9. Ladli(2005) – To raise the status of “girl child” in the society providing them
the right to birth and right to survival.
10. KrishiTalimYojana (2010)- field of agriculture is imparted to women farmers.

5.5.1.SarvyaShiksha Abhiyan (SSA)

SarvyaShikhsa Abhiyan under the “Universal Elementary Education (UEE) is the

initiative to bridge the gender and social gaps in the primary education.” It was also
known as Education for all movement or “Each One Teach One”. “The scheme is
framed in order to provide an “elementary education of all the age group between six
to fourteen years.” It is theinitiative to implement with the collaboration by the state
government to cover the entire country.

This scheme aimed at to “provide eight years of basic education in the acceptable
quality regardless of any sex, caste, creed, family income or location.”It is based on
the concept to focus on the enrollment rates and focus on the quality education.

This programmes learned “to open the new school in those areas who do not have
schooling facilities within 1 km and upper primary (within 3 km).” Focus on
increasing the class strength ,development of the school building, and toilets.
Distribution of free textbook to the children, providing special grants for school
maintenance.“Moreover appointment of the additional teachers to the school.

49
Provides the additional trainings and academic support at cluster block and district
level”.40 SSA also seeks to have the special focus on the girl education, more focus on
girl enrollment and providing basic facilities. Female teachers being appointed in
order to increase the enrollment rates in those areas where the literacy rate is quite
low.

SSA emphasis on the girls education children belongings from SCs, STs ,minority
groups. Children of migrated laborers who were out of school. Children with
disability being taken care of from these scheme.

5.5.2. Operation Black Board

Under the NPE 1986, the programme launched “Operation Blackboard” in 1987-
1988. It was entertained to provide the basic facilities in all elementary schools.
Under the ‘Operation’ determined that there is urgency in the programme and
‘Blackboard’symblozies the physical facilities. The concept of operation was to
ensure the minimum essential facilities required in primary schools include both men
and material. This schemes initiates and formulates to improve the school
environment which would increase he enrollment rate, retention rate and further
improves the achievements of the primary school children.

The program includes

1. At least reasonable 2“all weather rooms.”

2. Separate toilets for both” boys and girls.”
3. At least “2 teachers preferably one should be female teacher.”
4. Essential teaching and learning material includes “blackboard, maps, charts,
toys, games, small library and essential equipment requires for education.”

40
http://www.nairoshni-
moma.gov.in/WriteReadData/PdfDocument/635803414424682631.pdf(August 11,2020)

50
5.5.3. “National Programme of Nutritional Support to Primary Education (Mid
Day Meal Scheme MDMS)”

“It is one of the largest school feeding programmes launched on 15 Aug, 1995.” With
the aim to make universalities of primary education by increasing the enrollment,
attendance and similarly impact on the nutrition level of the students in primary
school.

“MDM plays an important role in the nutritional status of children and eliminating the
‘classroom hunger”. It also eliminate old tradition and social prejudices where whole
children ha the meals with the diverse caste, religion and other factors. This initiative
creates the sense of brotherhood among the among the children.

As per the Supreme Court, decision in the “Peoples Union For Civil Liberties(PUCL)
V/s Union of India and others41 stated that “Right to Food is the fundamental right
where the state is directed to provide the cooked meals.”Mid Day Meal is feeding
more than 20 years. But got highlighted when the things get wrong, such as tragic
death o 23 children’s because of eating food of midday meal at school. Some of the
others cases arises of the children become ill of food provided for eating make them
ill, or let to food poisoning. This incident particularly affects the children health both
physically and mentally.
But some sates like Tamil Naidu maintains good hygiene and good quality meals
serve to the children. Also various other organization like AkshayPatra ,serves good
quality nutritious food to the lakh of children on the daily basis.

5.5.4. MahilaSamakhya Programme (MSP)

This scheme provides enormous opportunities for women in the field of the women.
Since, Independence, NEP (National Educational Programme) ensures that the
education is the only aspect through which “the status of women in the society can be

41
(1998) 8 SCC 485

51
changed.” This project was launched in 1986 . Firstly initiated in 15 district of 4
States through the aim of empowering the women by providing education.

This program’s initiatives various schoolrooms courses open MahilaSkhisha Kendra

and give autonomous through registered society. This programmes started the Pilot
Project in Uttar Pradesh , Gujarat and Karnataka region. Further extend to the states
of Bihar, Jharkhand, Assam, Kerala and Uttarakhand. This programme led the
foundation of women empowerment at grass root level and making intervention to
support to the adolescent girls and women.. thisprogramme mainly focused on the
areas where the women’s literacy rate is low.

5.5.5.“Kastruva Gandhi BalikaVidyalay (KGBV)”

The KGBV Launched in the year 2004. Under this scheme the prime focus is to build
the residential schools for girls at the upper primary level. This school predominately
belong to the girls of Scheduled Caste, Scheduled tribes , other Backward caste and
minority groups. Theses scheme basically implemented in those areas where the
female literacy rate is quite low. This scheme covers the 75% of reservations to the
girls from SCs ,STs,OBC and minority category. Other 25% of reservation to the girls
whose family living below the poverty line.

5.5.6. “National Programme for education of girls at the elementary Level

(NPEGEL)”

‘The NPEGEL was launched in the year 2003” in upgrading the SSA. It was
implemented with the motive of reach the girl who are out of school. It was the
important component of the SarvaShikha Abhiyan for providing additional support in
order to enhance the girl education.42
Such “Scheme implemented in the educational backward blocks, where the literacy
rate of female is quite low.”43 On an average around 3272 blocks was covered, where
32,254 model school have been opened. Additional incentives being given to the girls

42
https://teachersbadi.in/npegel-programme-npegel-scheme-nationa/ visited on 15-7-2020
43
Ibid.

52
child such as scholarships, uniforms and textbooks. Such Programme focuses on
mobilsing the girl’s education. The project focuses on the strategy basis. The girls
who are out of school, dropout of girls, and due overage who have not completed the
elementary education, working girls, girls form the marginalized social groups and
girls with low level of academic achievements.44

The objective behind this programme is to reduce the gender gap. “As it were 305 at
the primary level and 26% at the upper primary level. Further to develops and
promote various facilities for ensuring the greater participation of women’s and girls
in the field of education. The progress of the quality of education through different
mediation and to stretch upon the relevance and quality of education for their
strengthening.”

1. This programme focuses on strengthening the management structure that

would look after the planning and management and evolution of girls
education.
2. Further developed community support for girl’s education and create the
environment for girl’s education in schools, community and home.45

5.5.7. “Swami Vivekananda Single Girl Child Scholarship”

“The University Grants Commission”(UGC) launched the scholarship for promoting

the single child. Keeping the views of Swami Vivekananda and to uplift the women
education in the society. As Swami Vivekananda was the great supporter of women’s
empowerment . On his ideas the scheme called “Swami Vivekananda Scholarship for
Single Girl Child” named. The scholarship award range from Rs 20,000 to Rs
28,000.46 “The government of India has derived various schemes for helping the girl

44
Ibid.
45
Ibid.
46
https://www.getmyuni.com/scholarships/swami-vivekananda-single-girl-child-scholarship visited
on11-08-2020

53
child and its families. It would help to recognizes the importance of girl child in the
society.”47

5.5.8. Saakshar Bharat

Saakshar Bharat programs was launches in the year 2009 with the objective of
increasing the percentage of female literacy rate. it was formulated “to reduce the gap
between the male and female literacy.” It was aimed to reduce the difference in the
literacy rate and reduce to 10% .it further focuses on increasing the literacy rates of
women’s. This scheme tries to reduce the social disparities in the society. “With the
prime objective of imparting functional literacy, acquiring equivalency in the formal
education and imparting skill department programme.”48 It was further to promote a
learning society by providing learning opportunities for continuing education. 49

5.5.9. BetiBachao, BetiPadhao

BetiBahao, BetiPadhao50 was launched in the year2015 with the objective of

improving the girls child ratio and promote her education. As “its one of the
significant step taken by the Government of India.” The reason behind this initiative
was the declined of child sex ratio (CSR). According to the Census 2011, it was 918
of girls per thousand boys where it was 927 of girls per thousand boys in 2001. Such
decline create the fear in the minds of the government. Where UNICEF ranks India
was 41th position among the 195 countries. “This scheme was the national initiative
run jointly by the Ministry of Women and Child Development, Ministry of Health
and Family Welfare and Ministry of Human Resource Development.” This scheme
will be focusing on the 100 districts where the child sex ratio is very low.51 It further
tends to reduce the female foeticides in the areas where the girls child ratio is very

47
Ibid.
48
https://www.mhrd.gov.in/saakshar_bharat ((July 25,2020)
49
Ibid.
50
https://wcd.nic.in/bbbp-schemes (July 15,2020)
51
https://www.pmindia.gov.in/en/government_tr_rec/beti-bachao-beti-padhao-caring-for-the-girl-child/
(July 16,2020)

54
low. This campaign would promote and try to reduce the gender disparities in the
society and further promote girl child in their education.52

CHAPTER VI

6.1“Status of Women Education in India”:

6.1.1. After Independence, “the Literacy rate of women in India.”

In the Table1.1, the Census report from the year (1951-2011),, the literacy rate from
“(18.33% to 74.04% ) have increased whereas the female literacy rate from 8.66% to
65.44%, with the gap of 16.68% in the year 2011.” Although the steady increase in
the literacy rate between male and female has slightly decrease from the year (2001-
2011) only 5.02%. Shown in (Figure1.)

Table 1.1: Literacy Status in India

Years Persons Male Figure

Female
1 Gap in Literacy
Rate
1951 18.33 27.16 8.86 18.3
1971 34.45 45.96 21.97 23.98
1991 52.21 64.13 39.29 24.84
2001 65.38 75.85 54.16 21.7
2010 74.04 82.14 65.46 16.68

Source : “Office of the Registrar General & Census Commissioner, India”

“As shown in Figure 1, that there has been considered increase in the “literacy rate of
female” in the last decades”. It has been noticed during the year(1951-2001), the
52
Ibid.

55
female literacy rate increase by six times. The Census 2011 shows the 16.08% gap
which is lesser then other census report. the figures shows the positive indication on
the part of female education. Still the male and female 82.14% and 65.14%,
respectively. Hence, “there is imperative to take special intervention for enhancing of
female education even today.”
6.1.2. Enrolment of Girls

Table 1.2. Enrolment of Girls

Years Primary Upper Primary Secondary Senior Secondary

2011 115.4 78.3 58.5 33.3
2012 116.7 83.1 60.8 36.1
2013 116.7 83.1 60.8 36.1
2014 100.6 90.3 73.5 49.1
2015 101.4 95.3 78.9 53.8
2016 100.7 97.6 81.0 56.4

Source: “National Institute of Educational Planning & Administration, New Delhi”

56
 140
Primary
120
Girls Enrolemnt (%)

100
Upper
80 Primary

60
Secondar
y
40

20 Senior
Secondar
0 y
2011 2012 2013 2014 2015 2016

Years

Figure 2

6.1.3. Enrolment of SC Girls

Table 1.3 Enrolments of SC Girls53

Years Primary Upper Primary Secondary Senior Higher

Secondary Education
2011 128.7 86.6 63.5 33.5 13.0
2012 132.0 90.6 67.5 36.1 NA
2013 132.7 90.6 74.0 40.3 14.6
2014 112.2 96.5 76.0 49.7 14.2
2015* 113.2 105.5 81.6 53.5 18.2
2016* 112.4 97.8 83.9 55.8 20.8

53
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10/Analytical%20Report%202009-10.pdf visited on 19-07-2020

57
 Source: “Ministry of Human Resource Development, Government of India / National
Institute of Educational Planning & Administration, New Delhi”

* Figures shown of SC girls are provisional

140

120
Enrolment of SC Girls(%)

100

80 Primary
Upper Primary
60
Secondary
40 Senior Secondary
Higher Education
20

0
2011 2012 2014 2016

Years

Figure 3
“As shown in the Table 1.3 the enrolment of SC girls from the year (2011—2016).”
Although the enrolment of SC girls in the primary level to Secondary level. There has
been the gap of 13.9% in the Upper Primary level to Secondary level. But at the
secondary level there is only 55.8% enrolment rate and in higher education only
20.8% of the enrolment rate. Since the gap of 14.6% arises when the SC girls moved
to primary level to upper primary level and decreases to 13.9% and 28.1% from the
secondary to senior secondary level respectively.(Figure 3)“This reflects that the
impact of various measures undertaken by both government with various policies and
programme with regards to girls education, still there is need of lots of improvement.”

6.1.4. Enrolment of ST Girls

Table 1.4 Enrolments of ST Girls

Years Primary Upper Primary Secondary Senior Higher

58
 Secondary Education
2011 137.4 78.8 44.2 22.3 7.5
2012 136.7 88.9 49.1 24.8 NA
2013 136.7 87 49.1 24.8 9.5
2014* 108.8 85.7 66.7 33.2 9.7
2015* 108.2 95.2 72.6 37.8 12.3
2016* 105.7 98.2 75.4 42.4 12.9

Source: “Ministry of Human Resource Development, Government of India / National

Institute of Educational Planning & Administration, New Delhi”
* Figures related to School Education are provisional

160

140

120
Enrolment of ST Girls (%)

100 Primary

80 Upper Primary
Secondary
60
Senior Secondary
40 Higher Education
20

0
2011 2012 2014 2016

Years

Figure 4

Table 1.4 shows “the total enrolment rate of ST Girls from the year (2011-2016).”
Since the literacy rate of the ST girls in the year2011 was decreases by 31.75% in the
Primary level. “When the table shows that there is the gradual decrease of 7.5% of the
ST girl from primary to upper primary level.” However the gap “increase by 23%,

59
when the ST girl moved to Upper primary level to Secondary level and 33% when
moved to Secondary to Senior Secondary level.”Although there is a slight
improvement in the primary level and upper primary level but its lower than SC girls
enrolment rate.

6.1.5. Gross Enrolment Rate

“Gross Enrollment Rate (GER) is the total enrollment in as specific level of

education. It describes the school age population of the same level of education. It
brief about the population of the particular age group which officially corresponds to
the relevant level of education.”

On the GER (2015-2016) describes the enrollment rate of females is more than male
in the Primary level (I-V Class), “where in the Upper Primary Level the enrollment
rate have been slightly decrease. But it decreases more in the Secondary level.” The
enrollment rate in the “Secondary level (IX-X) by 19.2%” and in the Senior
Secondary level the enrollment rate is 23.85. Coming to the situation of the higher
education it remains at 24.5%. Especially the enrollment rate of SCs, STs is 19.1%
and 14.2% respectively. When there have been tremendous growth in the primary
level but the secondary level the enrollment rate have been decreases at very rapid
rate. This figures pointed out that most of the females got enrolled in Upper Primary
level is decreasing as comparing to the primarily level .therefore still the purpose of
the education is not fulfilled. Further it has been found that the children completing
their education at the primary level but don’t transit to upper primary level on various
reasons. One of the reasons of the non availability of the Upper primary school in
every village.Where the parents did not allow to send their children especially the girl
child to move out of village, town or faraway from house to go there. Parents and
guardian face some insecurity in sending them to school.

Table 1.5 Gross Enrolment Ratio (2015-2016

Level All SC ST

60
 Male Female Total Male Female Total Male Female Total
Primary 97.9 100.7 99.2 109.5 112.4 110.9 107.8 105.7 106.7
Upper 88.7 97.6 92.8 97.8 107.7 102.4 95.4 98.2 96.7
Primary
Secondary 79.2 81.0 80.0 83.9 86.9 85.3 73.7 75.2 74.5
Senior 56.0 56.4 56.2 55.8 58.0 56.8 43.8 42.4 43.1
Secondary
Higher 25.4 23.5 24.5 20.8 19.0 19.9 15.6 12.9 14.2
Education
Source: “National Institute of Educational Planning & Administration, New Delhi”

6.1.6. Female Teacher Ratio

From the Report of “National Institute of Education Planning and Administrative,

New Delhi’, show the female teachers as compare to the male teachers in the primary
schools and Upper primary school. Table 1.6 pointed out those teachers ratio is
decrease in the upper primary level and further decreased more in the higher
education.

Table 1.6 No. of Female Teachers per hundred Male Teacher

Years Primary Upper Primary Secondary Senior Secondary

2011-12 76 80 66 66

2012-13 79 76 NA NA

2013-14 NA NA NA NA
2014-15 104 81 70 71
2015-16 105 83 72 73

61
Source: “National Institute of Education Planning and Administration, New Delhi”
NA: Not Available.

6.1.7. “Pupil Teacher Ratio (PTR)”

Table 1.7 Pupil Teacher Ratio (PTR)

Years Primary Upper Secondary Higher
Primary Education
2010-2011 43 33 30 26*
2011-2012 41 34 32 24*
2012-2013 28 25 NA 23*
2013-2014 25 17 41 25*
2014-2015 24 17 38 24*
2015-2016 23 17 37 24*
Source: “Ministry of Human Resource Development, Government of India / National
Institute of Educational Planning & Administration, New Delhi”
NA: Not Available
*: Standalone Institutions have not been included in PTR.

6.1.8. “High Dropout Rates of Girls in India”

“According to the Report of Ministry of Human Resources Development (MHRD)”.

At an estimate there are 60.1 millions of the children are out of school. From the
Census2011, “the figures shows that nearly 84 million (20 %) of the age group are
covered under the Right to Education (RTE Act ).” There have been higher dropout
rate of girls as compared to boys. “At this age, traditional gender norms push girls
into the household chores and taking care of siblings, irregular attendance results in
dropouts. Early marriages, lack of safety in schools and low aspirants towards the
girls education.” But in the year 201-16, there have been enormous change in the
enrollment rates where it was found that the enrollment rates of the girl have

62
increased as compare to that of boys. But it was not satisfactory in the upper primary
and secondary school.

As per the report of the “Annual Survey of Education Report (ASER)” 2018 findings
observed on an average the differences arises in the enrollment rate of boys and girl
from the ages 14 to 18 years. Where the government doesn’t enforces the compulsory
education through the RTE Act in this particular age group of ((14 to 18) years. There
on an average 32 % of girls are out of school as compare out of school of 25 % of
boys.

Such bridging mechanism for out of school children exist at the elementary school but
became absent in the secondary education which is broader in difference in the girl
child education once they have been dropout. Since dropping from the education its
became very difficult task to join their studies gain. As per Statistics there are “100
elementary schools (I-VIII) in rural India, where 14 school offering Secondary level
schools and 6 for higher secondary grades (Class XI-XII)”.

The privately owned school are not including in the scheme. Only 5% of the schools
are private unaided elementary school while 40% of schools offering secondary or
higher secondary grades which private, unaided institution as per the official statistics.
This stacks goes against the girl education and leads to the dropouts.

The problem here with the Government is how to prevent the girl child from dropping
out of school. The recent recommendation by the “Central Advisory Board Sub-
Committee” suggested reforming the various policies. Under their recommendation ,
Committees suggested to extent the Kasturva Gandhi Vidalalya till the Class XII .
Further directed the MHRD to develops the action plan in order to make effective
measures for preventing the girl child from dropping.

From preventing such issues, the Right to Education appears to take the effective part,
as girls remain in schools and it’s time to amend the Act and extent till Class XII.

63
As per the govt. slogan BetiBachao, BetiPadhao will only fulfilled, if the girl to be
provided secondary education by providing free quality education and accessible to
all the groups. Especially focused on the girl education.

6.1.9. “Annual Average Dropout Rate in School Education (2015-2016)”54

(in percentage)
Table 1.8: Annual Average Dropout Rate in School Education

Level All SC ST
Boys Girls Total Boys Girls Total Boys Girls Total
Primary 4.36 3.88 4.13 4.71 4.20 4.46 7.02 6.84 6.93
Upper 3.49 4.60 4.03 5.00 6.03 5.51 8.48 8.71 8.59
Primary
Secondary 17.21 16.88 17.06 19.64 19.05 19.36 24.94 24.40 24.68
Senior 0.25 NA NA 3.34 3.04 3.22 NA NA NA
Secondary
Source: “National Institute of Educational Planning & Administration, New Delhi”
NA: Not Applicable

6.2. “Infrastructure& Elementary Education”

54
https://www.mhrd.gov.in/sites/upload_files/mhrd/files/statistics/ESG2016_0.pdf visited on 1-08-2020

64
Since, RTE Act “has been the major milestone in the terms of providing the
elementary education.” Further, it’s also been the important aspect in providing and
maintaining the infrastructure of the school. This infrastructure related under RTE Act
20019, “is neighborhood schools, building toilet for boys and girls, drinking water
facilities, ramp, electricity connection and library.”

Under the report of NUEPA, here are total 14, 49078elementary schools in India,
where the private schools and government schools were 334468 and 1076994
respectively. As per the report reveals that private schools are rising in all the states of
India. There enrolment rates of the age group (6 to 14) years is also rising. Especially
girls prefer to get enrolled in the private schools. By the percentage of 20.8% from the
year 2011. In the year 2009, the enrolment rate have increased at an annual rate of
10%. “The passion for private education have increased due to the fact that majority
of schools are English medium,” therefore the parent feels that to cop up with the
modern with the cut throat competition in the present world and would help the their
child seeking jobs in the modern world. Basically the private schools are the
commercial entities where motive is to earn the profit. Either they charge high fees for
the sake of providing facilities. On the other hand there are some schools which even
don’t fulfill the prescribed infrastructure to open and run the school.

There are only 82.12% of the schools which are all weather schools and 11 % of the
schools are non weather schools. They are badly affected in odd weather situation.
Perhaps this would automatically decline in the presence of both the teacher and
student in the school.

On the DISE report 2015-2016, says that only 3.6 % of the primary schools have
more than 200 days working days and in the upper primary level it was only 26.6%.
Since the working days in schools is quite low, which makes the barrier of the school
education. This creates the difficult situation for the girls althoughtheyare enrolled in
the schools, but they did not go to schools on the daily basis.

65
Another important aspect is the student Classroom Ratio, which stimulates the
percentage of the student studying in the single classroom. The DISE (2015-2016)
report revelas that only 25.7% of the primary school have lower ratio of 30, where in
the case of the upper primary school its only 28% below 35. This data show that
number of the schools are in sufficient to accomadate that students in classroom. One
of the major factor is the increase in the population where simultaneously no in the
increase of the infrastructure. This situation arises where the whole the school is
conducted in the one or two classrooms. Its couldn’t not be conducted for the student
studying in second standard setting with the student of the class v.

The infrastructure being ne of the aspect of the elementary education. The

NUEPA(2015-2016) data shows that only 64.9% of the schools have boundary walls
facility. As its an crucial aspect for the learning activities. As its further creates the
sense of safety , security and disciplined in the minds of both teacher and students.
Further only 24% of the schools have computer facility.55As the percentage of the
computer facility is quite low which automatically makes the parents to send to the
private schools, as they provide such facilities. Since it the high time to have the
knowledge of the technology. If the facilities would increase then the enrolment rate
of the student would also increase.
The goal of providing the holistic development is not possible, if the provision of
providing the adequate facility of sports provided in schools. The report shows that
only 60.6% schools have playground. Other schools have been deprived of such
facilities.

Other data shows that only 82.6%(Table 1.8) of the school provides the ramp
facilities, as its important aspect to attract the disabled children to schools to get
admitted. Such facilities would also increased the number of the disabled children.
Due to disability would not be the barriers for them to get education.

55
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10/Analytical%20Report%202009-10.pdf visited on2-08-2020

66
“The Mid May Meal (MDM)” scheme is one of the aspect of providing the nutrient
diet to the children in schools. As its also creates the social equity among children,
they sit together and eat together without any kind of discrimination of religion , caste
gender and status. The data shows that 80% of the school provide the Mid May Meal
facility which are prepared in the school premises. 9.2 % of school where the meal is
prepared other then school. Since, it is very important to look after the quality and
quantity of the meal. As it is said in Hindi , “Jaisa Ann Baisa Man” So with that
consideration , the State government ensures to provide the good quality food to the
children . in that efforts various nongovernmental oraganisation have taken part in
providing the food to the children. One of the organization is AxchayaPatra which has
taken keen role in providing the good quality food to thousand schools.

Table 1.8 % of Facilities available in School

Facilities in 2011- 2012-2013 2013-2014 2014-2015 2015-2016

School- 2012
School having 94.5 94.9 95.3 96.1 96.81
drinking
facilities
School having 81.1 87.1 94.5 95.4 97.02
boys toilet
School having 72.2 88.3 84.6 93.08 97.52
girls toilet
Schools having 47.1 49.9 51.7 58.9 61.7
electricity
connections
Schools having 53.4 NA NA 76.70 81.99
ramp
Schools having 56.1 56.6 58.1 59.8 60.6
play ground

67
field
Schools with 20.5 22.1 23.3 25.2 26
Computer
facility
Student 30 29 28 27 27
Classroom Ratio

Source: DISE, Flash Statistices:2014-2015 & 2015-2016, NUEPA56

NA: Not Availble

While discussing the access and equity related issues, it should be pointed that
opening the school within the walking distance does not ensure the participation of
the children and getting enrolled. As it is mentioned earlier, while ensuring the basic
facilities with encourage the children to go to school regularly. Under the RTE Act
2009, has made it mandatory to provide adequate facilities and children friendly
environment. Table shows in the year (2014-2015) & (2015-2016), the visible
improvement of one year such as drinking facility, toilets, electricity connection and
ramp.

6.3. “Present Situation to Access Elementary Education”

The performance of India in universalizing elementary education has been

unsatisfactory when we looks at the five decades of development planning. Despite of
good policy initiatives, the gain in completion of primary education are still modest
with persistence of various problems, i.e. never getting enrolled, low attendance,
dropout and low learning level. However the situation the situation has improved to
certain extend during the last decade (2001-2010). The recent data reveal that India
has about 1.4 million schools providing elementary education to more than 198.9
million children and over seven million teachers were employed in these schools. The
Annual Report of 2014-2015 has reported that 847118 primary school and 425094

56
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16.pdf visited on 26-7-2020

68
upper primary school were sanctioned in 2014-2015. In addition residential schools
and hostel has been sanctioned under SSA during the period, which are tooperated in
rural areas. Providing of schools has led to considerable decline in number of out of
school children.

Thee of the problem the elementary education is facing is mushrooming of private

schools in urban, semi-urban and comparatively developed rural areas. This has lead
segregation of children whose parents can afford to send their children to private
schools and those who cannot , impacting drastically on equity aspect. Around 31
percent were enrolled in private schools at the primary level and their proportion
increase to 37 percentage in case of upper primary grades(NUEPA,2013). According
to NUEPA, “Around 6 percent at primary and 9 percent at the upper primary stage
were found above their age, resulting in considerable gap between gross enrolment
ratio and National Enrolment Ratio (NER) of primary as well as of upper primary
level.”(Table 1.5)

“It is also found that some children complete primary education but do not transit to
upper primary level on account of various reasons. One of these is the non-availability
of upper primary schools in the vicinity.” The following figures shows the although
an increasing trend is witnessed in both completion and transition rates but the gap
between these two has increased over the years. (Table 1.5)

Table 1.8:Transition Rate of Primary, Elementary and Secondary level

Year “Primary level to Upper Primary level”

Boys Girls
2013-2014 89.74 90.14
2014-2015 89.03 90.48

Source: DISE, Flash Statistics: 2013-2014 &2014-2015,NUEPA

69
 "Primary level to Upper Primary level"
91

90.5

90
Primary to Upper Primary
89.5 level Boys
Primary to Upper Primary
89 level Girls
88.5

88
2013-2014 2014-2015

Figure 5

Table.1.9
Year Elementary to Secondary level
Boys Girls
2013-2014 91.58 94.58
2014-2015 92.48 88.66

Source: DISE, Flash Statistics: 2013-2014 &2014-2015,NUEPA

96
95
94
93
92
91 Elementary to Secondary
level Boys
90
Elementary to Secondary
89 level Girls
88
87
86
85
2013-2014 2014-2015

70
Figure 6
Table: 1.10

Year Secondary to Higher Secondary level

Boys Girls
2013-2014 67.70 69.04
2014-2015 68.67 69.46

Source: DISE, Flash Statistics: 2013-2014 &2014-2015,NUEPA

70

69.5

69

68.5 Secondary to Higher

Secondary level Boys
68 Secondary to Higher
Secondary level Girls
67.5

67

66.5
2013-2014 2014-2015

Figure 7

Table 1.8 shows the transition rate of the primary and upper primary level. The
transition rate is 90.14 in the year (2013-2014) & 90.48 in the year (2014-2015).
Figure 5. In the table 1.9 shows the transition rate of girls is 94.58 and 88.66 from the
elementary to secondary level. There s the difference of 5.92% arise from where the
girls moves from elementary to secondary level. The Table 1.10. Shows the transition
rate form secondary to higher secondary level.

6.4. Physical Progress made under Right to Education-SarvaShiksha Abhiyan

71
Programme (2016)

Table 2.1 % of the Cumulative Achievement (2001-2016)

(2001- (2001-20016) In Percentage

2016) Cumulative
sanctioned Achievement
Opening of New 2,04,732 2,03,265 99.3
Primary Schools
Opining of Upper 1,59,392 1,56,476 98.2
Primary School
Construction of 199230 183386 92.1
Primary schools
Construction of 112392 105943 94.3
Upper Primary
schools
Building of additional 1861336 1740487 93.5
classrooms
Drinking water 238973 229742 96.1
facility
Toilets 1014507 956294 94.3

Source: Ministry of Human Resource Development, Government of India

Table 2.1 shows the cumulative achievement from the year (2001-2016). Since the
data shows that there is the enormous growth in achieving the infrsture of the schools.
But still need to achieve the fullest in the term of providing basic facilities like
drinking water facility, separate toilets for girls and boys and building additional
classrooms.

6.4.1. Following table shows the status of availability of Teachers under the State
& (SSA)in 2016

72
Table 2.2 % of availability of Teachers in the following states:

S.No. State/Union Vacancies %of total

Territory By State Under SSA Total vacancies
1. Assam 26305 13217 39522 19.6
2. Bihar 80003 123647 203650 34.3
3. Delhi 8729 5403 14132 24.9
4. Jharkhand 23176 50617 73793 38.9
5. Madhya Pradesh 29295 34556 63851 17.5
6. Punjab 18911 3429 22340 23.3
7. Pondicherry 523 1 524 13.5
8. Rajasthan 24175 13347 37522 13..2
9. Uttar Pradesh 122612 52054 174666 22.9
10. Uttarakhand 2849 4827 7676 16.6
11. Telangana 13049 0 13049 13.3
12. West Bengal 31641 54194 85835 18.8

Source: Annual Work Plan and Budget 2016-17

The table 2.2 shows the availability of teachers in the school. In the State of Bihar,
there is the highest vacant seats are available. Which shows the poor percentage of
the states, where the status of Uttar Pradesh is also not satisfactory, there is also
availability of 23.3% of teachers post are vacant. As comparing its population the
highest percentage of vacancies are available. Since the following states need to focus
on filling the vacant seats of teachers. Especially to increase the recruitment of female
teachers in School.

Table 2.3 % of Fund Utilization in the followings States.

S.No. State/Union Central Utilization % of fund

73
 Territory Assistance/sanction(in Utilization
lakh)
1. Andhra Pradesh 24402.16 27212.21 111.5
2. Assam 54846.72 11869.40 21.6
3. Gujarat 40756.01 32466.00 79.6
4. Jammu & 11393.26 7796.13 68.4
Kashmir
5. Karnataka 43937.98 44603.00 101.5
6. Lakshadweep 127.60 81.54 63.9
7. Pondicherry 459.04 60.11 13.1
8. Uttar Pradesh 101736.19 98931.05 97.2
9. Daman&Diu 284.48 167.54 58.9
10. West Bengal 106921.55 94713.17 88.5

Source:“Ministry of Human Resource Development, Government of India”

The Table 2.3 shows the percentage of the fund utilization in the following states. The
state like Andhra Pradesh and Karnataka uses the surplus fund. Where the states and
Union Territory like Assam, Gujarat , Jammu &Kashmir and Pondicherry is quit low.

6.5.“International Comparison on Public expenditure and Gross Enrolment

Ratio on Education” (%).-2015

Table 2.4 “% of International Comparison on Public expenditure and Gross

Enrolment ratio (GER).”

Countries Public
Gross Enrolment Rate (2015) Expenditure on
Education
GDP 2015
Primary Upper Secondary Tertiary

74
 Primary
India 99.2 92.8 68.21 24.5 4.13
Bangladesh 120.4 83.4 48.4 13.4* 1.95
Nepal 135.4 90.4 49.7 14.9 3.71
Sri Lanka 101.7 98.5 99.1** 19.8 2.17
Pakistan 92.7 56.6 35.4 9.9 2.64
China 104.1 99.1 89.7 43.4 NA
Germany 105.0 101.5 104.8 68.3 4.95
Russia 100.5 101.0 113.6 80.4 3.86
South 99.7* 97.1*** 88.5*** 19.4** 6.02
Africa
UK 108.7 112.7* 138.2* 56.5* 5.68
USA 100.2 102.1 93.3* 85.8 5.38

Source: “Ministry of Human Resource Development and UNESCO Institute for

Statistics (UIS)”
NA: Not Available
“A*: 1 years back, the value was A”
“A**: 2 years back, the value was A”
“A***: 3 years back, the value was A”

Table 2.4 shows the gross enrolment ratio along with public expenditure on education
of GDP (2015). Under the report, the Country Russia shows the satisfactory result,
uses 3.86% of GDP on education where country uses more such as South Africa
6.02% but still cannot reach the satisfactory result on education. When the country
like Pakistan shows no satisfactory result since between the lower secondary level and
primary level the difference arise of 36.1% which is much higher. This clearly reflects
that “children enrolment at the primary level dropout at the percentage of 36.1 in
secondary level.” However the situation of India has shown improvement in the
primary level, but its shows the difference of 31.1%, when enrolled to upper
secondary level. The developed countries like USA,UK ,Russia and Germany has
improved education system which is higher than counties like India, Bangladesh, Sri

75
Lanka, Nepal and Pakistan . Since, India needs to focus on improving the enrolment
rate from primary to secondary level and further extends to higher education.

6.5.1. International Comparison on Pupil Teacher Ratio (PTR) – 2015

Table 2.5 % of International Comparison on the basis of PTR-2015

Primary Lower Upper Tertiary

Countries Secondary Secondary
India 23 17 NA 24
Bangladesh 36.1 36.9** 33.2** 22.9*
China 16.3 17.8* 15.6 19.5*
Nepal 23.1 35.1 22.8 60.0**
Brazil 20.9* 36.9* 33.2* 22.9*
Pakistan 46.3 17.3 28.8 17.6
Russia 19.8 NA NA 11.0**
Germany 12.2 11.0 14.7 7.5
South Africa 33.6* NA NA NA
Sri Lanka 23.2 17.3 18.2*** 45.2*
UK 17.4 15.3* 16.2* 15.5*
USA 15* 14.8* 14.8* 12.5*

Source: “Ministry of Human Resource Development and UNESCO Institute for

Statistics (UIS)”
NA: Not Available
“A*: 1 years back, the value was A”
“A**: 2 years back, the value was A”
“A***: 3 years back, the value was A”

76
Table 2.5 shows the pupil teacher ratio of various countries, the countries like UK,
USA Germany has higher lower ratio. Moreover the country like China with the
larger population has improved pupil teacher ratios as compared to India. There is the
difference of 4.5% at lower secondary level and difference of 5.5% at the Tertiary
level. Since the country like Germany show the improved PTR in the Upper
secondary level and tertiary level. Therefore, the India on comparing with other
countries the ratios not at the satisfactory level. It’s needed to improved at lower
secondary and upper secondary level.

6.5.2. Female Teacher Percentage in Various Countries

Table 2.6 % of Female teacher in Various Countries

Country Year Primary Secondary

Argentina 2008 87.42 68.32
Brazil 2014 89.64 65.16
Russian 2014 98.81 82.08
Federation
South Africa 2014 48.56 54.76
United Kingdom 2013 86.98 61.4
India 2014 49.49 43.21

Source: “United Nations & UNESCO Institute for Statistics”

Table 2.6 shows the female percentage of various countries. The female percentage of
the ofcountries like Argentina, Brazil and UK has better ratio of female teachers on
comparing with India. For promoting the female education, the female teacher ratio
needed to be improved so that more girl’s child would enroll in the school. Since the
date reveals that the schools with lesser ratio of female teachers automatically led to
lesser enrolment of girl child. Therefore to overcome the barriers of women education
country like India needs to raised the ratio of female teachers in primary and
secondary level.

77
6.6. Major Reasons for Drop Outs

Table 2.7 Major Reasons of Drop Outs(in percentage)

Reasons for Drop outs Boys Girls

Children not interested in 23.8% 15.60%
studies
Due to Financial 23.70% 15.20%
Constraints
Due to marriage NA 13.90%
Engaged in economic 31.0% 4.90%
activities
“Distance of school is far” 0.5% 3.40%
“Unable to cop up with 5.4% 4.60%
studies”
Engaged in domestic 4.80% 29.70%
activities
Other reasons 5.1% 6.20%

Source: National Sample Survey Office, New Delhi

As per the report of the National Sample Survey Office estimates the various reasons
for the dropping of the boys and girls from the school. Since there have been various
factors of dropping of girls and boys. Under the female situation the dropout rates
increase higher than boys. Female dropping out rates increases by 29.70% due to
engaging in the domestic activities and looking after the younger siblings (Table 2.7).
They tend to look after the household chores and helping her mother in preparing food
for the family. Due to literacy, poverty and backwardness their parent and guardian
thinks only to get their daughter married and move to their husband house..Their
parents focus more on collecting money for dowry and “insist of providing education
to the girl child.”Due to the financial status of the family also tends to increase the
dropout rates of girls.

78
One of the major factors of increasing dropout rates due to marriage. When the girls
reach at the adolescent age stage, the parents and guardian tends to be worried about
the marriage of his daughter. Since many girls ,married at the initial age of 17 to 18
years. The report says that 13.09% of the women are dropping the schools due the
cause of the marriage. (Table 2.7)

Since the girls tends to dropout more than boys. There are various reasons for dropout
rate is the timings of the education institution, medium of the institutions used to be
unfamiliar and when the children’s are dropout there is the difficult task to admit to
the school again. Due to inadequate number of the female teachers is also the factor of
girl dropping out from school. If the quality of teachers is not satisfactory, unfamiliar
atmosphere at school, for the preparation of the competitive examination and other
factors tends to decreases the number of enrolment rates and many dropout at the
initial stage. Other factors include lack of infrastructure, adequate toilet facilities, in
competitive faculties which tend to reduce the attendance level of the girl chid.

6.7. “Barriers of the Girls Education”

1. For dropping out, the provision for the ‘special training’ must be initiatives for
the children who are out of school. Counseling for both the parents and
children must held to ensure the children for the enrolling in the schools till
the completion of the courses. Various new programmes and scheme must be
introduced for the elementary level as well as to the secondary level
2. According the CARE India Research Report, suggested “that there must be
implementation of the special training programs to trained the teachers and
also provide the updated learning material to each schools.” At district level,
the administration must take care of the basic facilities by ensuring that the
funds which are provided must be given on time.
3. ASER stated the viewpoint of girl dropping at secondary level is 32% due to
family constraint. As parents seems unwilling to send their girl child to the
secondary school. As there must be setup of the mechanism for the counseling
of both the parents and children which would be critical to change the old

79
 social thinking towards the girl education. Putting strong female role model
tends to change the attitude of the society toward the female education. As per
the ASER reports states that 70.7% of youth are out of school whose mother
have never been to school.
4. Distance of school is also one of the factor of girl dropping out. Since, every
school establishing nearby area is not possible. Various initiative have been
taken by the government to ensure the increasing of the enrollment rate. Such
as “distribution of bicycle to girls, hiring of escorts ( likeTolaSwaks in Bihar)”
and providing concession in public transport lead to help in decreasing the
dropping rate. Further improving the infrastructure , building of separate
toilets of the girls.
Where the Kerala is the first State taken the initiative for providing free
sanitary napkins in schools, so that the presence of the girls can be maintained
even during the menstrual cycle.
Schools must be more receptive toward the girl child and deliver quality based
education. Teachers in the primary schools must be trained in such a way
which makes easily access of education to the girl child. “Further, the
curriculum initiates to enable the girls to challenge gender stereotypes and
became more assertive.”57
5. The introducing of the ‘Leadership Curriculum’ in the U.P. is the positive
steps the girl step out closer to build girls confidence, negotiation
skills,organisation skills and enable them for taking the decision. Furthering
empower the women for building better communication. Furthermore the
enrollment status revealed that government initiates to bring the girls to school
but the state government finds it very difficult to retain them after their
primary education.
On an estimate “30% of the girl student dropout of school by class IX and
there number rises 57% in the class XI.”58 The report stated that student
enrolled in the class I when reached Class VI, hardly 1.5% of them leave

57
https://www.livemint.com/Opinion/iXWvKng7uU4L8v/The-high-dropout-rate-of-girls-in-India.html
visited on 21-52020
58
“ https://timesofindia.indiatimes.com/city/ahmedabad/57-of-girl-students-drop-out-of-schools-by-
class-xi-report/articleshow/66900622.”cms visited on 24-5-2020

80
 school and only 74% of them only got themselves enrolled them self in class
VIII. Such dropout rates rises rapidly particularly in the girls.59

According to the report of “Ahmadabad School Management Association” headed by

President Bhasker Patel says, that the enrollment rate of girls is high up to class VIII
for only reasons.60

1. Firstly Government provides the free meals to the schools, which catches
large portion of the children towards school.
2. When the both the parent are working, “they prefer to send their kids to
school for the free meals and safe custody of their child.” As they are
working in the fields as the laborers. By the time girlsreaches the class
VIII, most of their parents withdraw their girls child from schools.61 Due
to mainly reasons liked child marriage which is prevalent in many parts of
the country or when the girls reaches touches the age of 18 years. Study
reveals that parent’s priority shifts from study to marriage.

The report “reveals only 43 % student enrolled in their secondary schools.” When the
situation surveyed by the authority ,“Sharada Patel( former Sarpanch of Abasana)
says that many parents are not willing to send their girls child to move to cities for
further studies.” They fear that girl may elope with the youth and would prefer inter-
caste marriage. Therefore in the Patel community, the sex ratio would skewed this
would be difficult to find the girls of the same Patel community.

6.8. “Mother Education and Obligation of Parents”

It is said that the mother is the first teacher of the child. In the initial years the child
learn forms his mother. It is one of the crucial aspects for the overall development of

59
Ibid.
60
Ibid.
61
Ibid.

81
the children. Since, in the case of the providing education to the girls child, mother
acts as the important aspect of the girls child education. Mother’s active role cannot
be neglected. As mother have stronger impact on the student performance. Since the
researcher sated tat educated of mother is more conscious towards his child education.
The data shows that educated mother tends to send their children to school and more
concerned towards his education. In the case of illiterate mother the situation changes
as they didn’t understand the importance of education as literate mothers think. Since
it’s the obligation of the arrest to send their kids to school.

Despite of illiterate parents or form the poorest, deprived families, if they tends to
take active participation in sending the children to school. They wants to their
children to acquire education for which they have themselves have suffered. The
parents and guardian plays an significant role in achieving right to education.
Especially focusing on providing the girls education. If they didn’t take interest in
sending to school then all the efforts of the government scheme, meals and other
facilities will be of no use. As the large amount of public expenditure being used in
providing elementary education.

According to RTE Act 2009, Section 9(10) stated that “it shall be the duty of the
parents and guardian to admit or causes to admit his or her child to school as the case
may be to an elementary education in the neighborhood school”.

Under the RTE Act, there must be the establishment of the School
ManagementCommittee (SMC). It should be comprises of the strength of3/4 member
must be the parents and guardian. However the parents can take the active role in the
management of the school. The SMC can take responsibilities like facilities provided
in school, infrastructure and teachers & students attendance must be ensure by such
committee.

82
6.9. “Diverse Classroom Environment”

Education is one of the aspects in the development of the creative minds; it helps the
children to adopt the socio-cultural context. It further helps the children to understand
the human values while learning in the classrooms. Such capability approach, given
an opportunities to and understand then only the vision of ‘compulsory education’
would be fulfilled. Moreover, it would enable the child to grow with much more
freedom and with future oriented goal.

The “ASER 2016” rural findings reveal that although the enrolment rate at the
“primary level is 99.2%” and “92.8% at the upper primary level.” The survey found
that 41.2% of the student in the fifth standard cannot read the class second standard
books. Only 21.1% of the fifth class standard can do division. Where only 20.2% of
the students can do subtraction, where as the percentage in private school is 44.0%.
All these findings depict the poor performance of the children in govt. schools. These
figures reveals that situation of children learning in the classroom are not up to the
mark. Since the schools depicts of socio-economic status as the children from various
background join the class such as children from poor background, deprived classes
living in poverty and hunger will share it life experience with economically efficient
class such environment widens the horizon of environment and create the better
environment for learning.

While ensuring of the girls to education, would depicts the equality among children.
They are alsopart of the society and would create the sense of respect towards the
girls.

83
6.10. “Education Development Index (EDI)”

“The National University of Education Planning and Administration (NUEPA)” has

mandated various parameters to analysis the various dimension for educational
development in” all the States and Union Territories. The states which show the
education system would hold the better position in the list”62.

The educational development Index stimulates on the basis of access of education,

infrastructure, teachers, enrolment rates and dropout rates. This index complies for
primary, upper primary and elementary education. Access to the primary schools
includes the child of the age group (6-10) years.63 UEDA (2014)

Under the Index stated that

1. Meghalaya
Highest Position 2. Delhi
3. Himachal Pradesh

Lowest Position 1. Gujarat

Infrastructure Index 2. Daman & Diu

1. Karnataka
Highest Position
2. Himachal Pradesh
3. Pondicherry

Lowest Position 1. Bihar

2. Arunachal Pradesh
3. Meghalaya

62
http://www.dise.in/Downloads/Publications/Publications%202009-10/AR%202009-
10/Analytical%20Report%202009-10.pdf visited on 1-8-2020
63
Ibid.

84
Teacher Efficiency Index
Highest Position
1. Lakshadweep
2. Chandigarh
3. Kerala

1. Jharkhand
Lowest Position
2. Assam
3. Arunachal Pradesh

6.11. Delimiting Factors of Girls Education

Girl’s child and health: Health is one of the key factors, which tends to determine the
growth of the nation. Various health issues, tends to increase the dropout rates of the
girls. 22 percent are wasted or too thin for their height, which may result from
inadequate food intake or recent illness and 30 per cent are underweight, which
indicates both chronic and acute under nutrition. “Seven out of every 10 children
below the age of 5 have iron deficiency anemia (IDA) according to the NFHS. IDA
has actually increased from 69 to 73 percent in the 0-3 age group from the last survey
of 2014.” Only 40 per cent of the households have access to adequately iodised salt
and Vitamin A deficiency persisted despite the prevention programmes.64

Lack of Qualified female teachers: the main reason of girl dropping out is the lack of
female teachers. As the girl child feel more comfortable with the lady teacher and
more actively focus and participate in learning process. Where, the parents in the rural
areas feel hesitate to send their girl child to school that have only male teachers.
Further committees have also suggested to increase the recruitment of female teachers
in primary as well as secondary school.

64
http://hydtribune.blogspot.com/2009/06/tamilnadu-paradox-alarming-
malnutrition_23.html(August13,2020)

85
Lack of transport facilities: In the rural areas, there is much need of the of transport
facilities for attending the middle and secondary schools. Far away schools , tends to
increase the dropout rates of the girl child. “Necessarily, these schools tend to be
inaccessibly far away from the residences of girls. This perverse assumption must be
discarded, and equal numbers of schools at all levels must be established.”

Lack of hostel facilities: Many girls desirous to pursue education at the secondary
level if the educational institutions is near to their homes, if they institution is far they
need to have hostel facilities. “Girls particularly those belonging to Scheduled Castes
and Scheduled Tribes would continue their education at the middle and above levels if
they could find free or inexpensive residential facilities nearer the educational
institution.”
Fear of sexual harassment: Parents are often more concern about their daughter safety
and security. Various instances of abduction, molestation and rape create the fear in
the minds of parents. After the certain age, they bound them to remain at homes.

Fixed school hours: In rural areas, the fixed studying hours remains unsuitable for
girls as they are engage in domestic work or working in farms and field during these
hours. These fixed hours tend to reduce the attendance of the girls child. The
enrolment rate is higher but the girl’s children have very low attendance level. So the
education facilities been provided to the girl’s child during that period which is
suitable to the girl child. This initiative has been tried in Rajasthan through
ShikshaKarmi Project that have encouraging result.

86
 CHAPTER VII

CONCLUSION

“Primary education for children is perhaps the most important constituent of life as
because human life cycle requires that the basic competencies and life skills be
acquired at an early age.” Now it has been seen that many continuous efforts have
been initiated by the government to uplift the girls education at primary and
secondary level. Many if the States have shown enormous improvement. But he
purpose of education would only be achieved when each and every girl will go to
school. Many of the girls leave the education when reach the at the secondary level.
The vision of education not fulfill at the primary stages but also to secondary level.
This would not only achieve by the legislation but the concerted efforts of every
citizens.

“The purpose of this research work is not to defy this ‘revolutionary’ law which is
still to pursue its goals and neither is it intended to be a treatise on educational policy
as such.” In the education system, the government spends spend large amount of
money in building new primary schools, additional classrooms and other facilities
provided.

Various schemes have been launched such as “National Technology Mission, District
Primary Education Programme, and Nutrition Support for Primary Education,
National Open School, Mid- Day Meal Scheme, SarvaShiksha Abhiyan and other
state specific initiatives.” The schemes ‘BetiBacho, BetiPadhao’ launched by Prime
Minister Narendra Modi in year 2015. For increasing the child sex ratio(CSR) and
promote the girl child education. If the girls enrolled and not attending schools on
regular basis, then all the efforts of the government would be of no use.

Further, India needs to upgrade their primary education and look after the factors
which lacks the millions girls child who are out of school. “ The Supreme Court by
rightly and harmoniously construing the provision of Part III and IV of the

87
Constitution has made right to education a basic fundamental right. The Government
of India by Constitutional (86th Amendment Act) Act, 2002 had added a new Article
21A” and further strengthened this Article 21A by adding clause (K) to Article 51-A
which provides who is a parent or guardian to provide opportunities for education to
his child or ward between the age of 6 and 14 years”. On the basis of Constitutional
mandate provided in Article 41, 45, 46, 21A and various judgments of Supreme Court
the Government of India has taken several steps to eradicate illiteracy, improvement
the quality of education and make children go back to school with they left the school
for one reasons or the other.

Justice P.N. Bhagwati says that, “The child is a soul with a being, a nature and
capacities of its own, who must be helped so find them, to grow into their maturity,
into a fullness of physical and vital energy and the utmost breadth, depth and height of
its emotional, intellectual and spiritual being; otherwise there cannot be a healthy
growth of the nation”.

Since, India has world’s largest younger generation population. The country progress
will depends upon the education of that country. The country would only progress, if
more and more girls are well educated. Under the “Right of Children to Free and
Compulsory Education Act, 2009, making education a fundamental right of every
child of the age group (6 to 14 years)”. But the reality on the ground level is quite
differing.

1. Many girls child are out of school. They tend to get enrolled but they did not
attend the school on the regular basis.
2. Mostly the girl child leave the school without even completed the elementary
education
3. Under the RTE, the children do not have to pay for schools fees, uniforms,
textbooks and mid day meals provided in the schools. But the question arises,
even of getting such things situation have not being improved.
4. Many of the schools have not satisfactory pupil teacher ratio. This clearly
reflects that there is the need more male and female teachers for the schools.

88
Since there have been considerable progress in the uplift of the girls education over
the last few decades due to the efforts of RTE and SSA. But such efforts would not be
limited to elementary level of education. The purpose of elementary education would
only be improved if more and more girls enrolling for secondary level. To conclude
this research I would like to quote the Abraham Lincoln words, who wrote the letter
to the School Headmaster tells him “ how for the society should react to the younger
generation in such a way that corporate social responsibility should be ensured.

“He will have to Learn, I know, that all men are not true…But teach him also that for
every scoundrel there is a hero; that for every selfish politician, there is a dedicated
leader… Teach her that for every enemy there is a friend. It will take time, I know;
but teach him, if you can, that a dollar earned is of far more value than five found…
Teach him to learn to lose… and also to enjoy winning. Steer him away from envy, if
you can, teach him the secret of quiet laughter. Let her learn early that the bullies are
the easiest to lick…Let him have the courage to be impatient…, let him have the
patience to be brave. Teach her always to have sublime faith in himself, because then
she will always have sublime faith in mankind”

89
 RECOMMENDATIONS AND SUGGESTIONS

Since, neglecting of the education of women’s would affect the half of the population
of the country. Where the country like India, where the millions of the children are
living in streets, bonded labourer, millions of girl are out of school and fewer access
to education. Hence, there is need to amend the Right to Education Act. Such
amendment would surely improve the status of girl education.

1. At initial stages private school only offer the facilities of kindergartens.

Where the stat government started schools from the class I. The pre-
schooling is forbidden under Act and not considered as the part of
elementary education. There is need to add the pres-schooling at the
elementary education.
2. Under the Act, Section 3 related to the academic curriculum only.
According to the research work, there should be physical, mental,
psychological and spiritual development of the child.
3. Under the Section 6, the state is to establish the education institutions.
Since the educational institution build under the supervision of the
concerned authority. If the structure found to be inappropriate and up to
the level of prescribed parameters. On such condition, it should not be
used for the purpose of the school. Further, its maintenance, painting of
walls and other developed must be done from time to time.
4. Section 10 of the Act puts the obligation to parents and guardian to send
their children to schools. The monitoring units must be setup to check in
the locality and finds out the reasons of parents for not sending their
children to schools. Since many parents restrict to send their girl child to
school.
5. As per the Section 12(1) of the Act, its compulsory to provide the 25% of
the reservation to the children belonging to the weaker sections and
disadvantage groups. This provision is followed by very limited private
schools. There should be regular strict check by the concerned authority.
They should clear out number of the such reserved seats in their websites,

90
 notices etc. If this provision is implemented with strictness then it would
be very beneficial of the girl’s child in getting education in the private
educational institutions.
6. In the era of privatization, many business communities have setup schools
at the primary and secondary level. Since, many of them does not have
certificate of recognition. They are conducted in the buildings which are
not suitably unfit for conducting schools. These don’t even follow the
prescribed parameters for functioning. It the schools already in function, it
should fulfill all the norms with in the period of one years. Such duration
of one year is regulated to done to protect the children education from
leaving the incomplete education.
7. Under the section 7(1) completely prohibited the physical and mental
harassment of the children. There is complete ban on such punishments.
Since the attitude and behavior of the teachers relates to the attendance
level of the class. If the attitude of the of the teachers is encouraging and
supportive it’s would increase the large number of the girls child for
attending schools. There should be the teachers skill development
programees must be conducted on the regular basis by the competent
authority. There should establishment of the special cell for the parents and
guardian. Where they could complain regarding the teachers and schools
authority.
8. As per Section 28 of RTE , where teachers are strictly prohibited to engage
them from taking private tuitions. Since, it has been found that many
teachers conducts private tuitions, encourages them to take private tuitions.
Therefore they show no interest in teaching in schools. Such provision
must e strictly followed to remove this issue.
9. RTE Act provides the education up to the age group of 6 to 14 years.
There is need to extends its parameters. Since many of the children got the
elementary education up to 14 years. Especially girls tend to leave early
education at the elementary level. They did not attend the schools
afterwards. Therefore it’s the time to amend the RTE Act. It should be

91
 extend up to the secondary level, in furtherance to provide vocational, skill
development programees in the school.
10. In the era of modernization, where the younger generation would decide
the actual progress of the country. Where the education would be
tremendous in goal of achieving the development of the country. So there
is the need to change the old educational system. Especially for the girl
education, there are many girls dropout at the upper primary and secondary
level. Therefore the vision of the educated society would not be achieved.
Therefore, the need of developed skill based education system which
makes self dependent in the society need to be adopted. This initiative
would help in ensuring the progress of the nation.

92
 BIBLIOGRAPHY

Books

DeepaIdnani, RIGHT TO EDUCATION AND SCHOOLING, 2nd ed.2017,Rawat

Publications, Jaipur.
Introduction to the Constitution of India, by Durga Das Basu, 1960.
The Constitution of India, by P. Bakshi, 1990.
Yogesh Kumar Singh, History of Indian Education System Edn, Ruchika Nath,
(A.P.H Polishing Corporation 2005).
Anitha Pathania, KulwantPathania, Primary Education and Mid-Day Meal Scheme
Results, Challenges and Recommendations, (Deep and Deep Publications Pvt.
Ltd,2006).

Journals

Isha Khurana and A.K. Sharma, “ Implementation of RTE Act 2009: Teachers
Commitments” DeepaIdnani, Right To Education And Schooling, 2nd ed.2017,Rawat
Publications, Jaipur.

Government of India, (2009). The Right of Children to Free and Compulsory

Education Act,2009. New Delhi:MHRD.

Avani Kapur, “Mid-Day Meal Scheme”, Budget Briefs, Government of India, 2012-
13, Vol.4, no.4, Centre for Policy Research, New Delhi.

N. A. Palkhivala (1999), “Selected Writings” P.P. Rao, “Fundamental Right to

Education”, ( 50 Journal of Indian Law Institute, 2008).

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Appendix I

Table 1.Number of Female per hundred Male Enrolled in School Education

Upper
Primary Secondary Senior Secondary
Primary
Year (I-V) ( IX-X) (XI-XII)
(VI-VIII)
1950-51 39 19 NA 15

1960-61 48 31 NA 26

1970-71 60 41 NA 33

1980-81 63 49 NA 45

1990-91 71 58 NA 49

2000-01 78 69 63 62

2005-06 87 81 73 72

2006-07 88 82 73 74

2007-08 91 84 77 76

2008-09 92 86 79 77

2009-10 92 88 82 80

2010-11 92 89 82 79

2011-12 93 90 84 81

2012-13* 94 95 89 87

2013-14* 93 95 89 89

2014-15* 93 95 91 90

Source: National Institute of Educational Planning & Administration, New Delhi

* Figures shown of enrolled female teachers are provisional.

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Table 2. “Gross Domestic Product (GDP)” on School Education(RS in Crore)

“GDP at Current (% of GDP) Expenditure

Year price “Total Expenditure “ on Education by
(Rs. crore)” Education Departments

1951-52 10080 64.46 0.64

1960-61 16220 239.56 1.48
1970-71 42222 892.36 2.11
1980-81 130178 3884.2 2.98
1990-91 510964 19615.85 3.84
2000-01 1991982 82486.48 4.14
2005-06 3390503 113228.71 3.34
2006-07 3953276 137383.99 3.48
2007-08 4582086 155797.27 3.40
2008-09 5303567 189068.84 3.56
2009-10 6108903 241256.02 3.95
2010-11 7248860 293478.23 4.05
2011-12* 8736039 333930.38 3.82
2012-13(RE)* 9951344 408421.71 4.10
2013-14(BE)* 11272764 465142.80 4.13

RE: “Revised Estimate”

BE: “Budget Estimate”
Data Source: Ministry of Human Resource Development, Government of India
* Base year have been revised.

Appendix II

xvii
Table: 3 Pupil Teacher Ratio (PTO)

Upper
Primary Senior Secondary
Years Primary Secondary
School School
School

1950-51 24 20 NA 21

1960-61 36 31 NA 25

1970-71 39 32 NA 25

1980-81 38 33 NA 27

1990-91 43 37 NA 31

2000-01 43 38 31 35
2005-06 46 34 32 34
2006-07 44 34 31 34

2007-08 47 35 33 37

2008-09 45 34 32 38

2009-10 41 33 30 39

2010-11 43 33 30 34

2011-12 41 34 32 33

2012-13* 28 25 NA NA

2013-14* 25 17 26 41

2014-15* 24 17 27 38

Source : National University of Educational Planning & Administration, New Delhi

NA: Not Available

Figure 1. Annual Average Drop Out Rate 2015-2016

xviii
 Annual Average Drop Out Rate
(2015-2016)
30
25
20
15
10
5
0
Girls Boys Girls Boys Girls
SC
Primary Upper Primary Secondary

Figure 2. Facilities Available at School (2014-2015)

120
School having drinking
facilities

100 School having boys toilet

School having girls toilet

80

Schools having electricity

connections
60
Schools having ramp

40
Schools having play ground
field

20 Schools with Computer facility

Student Classroom Ratio

0
2011-2012 2012-2013 2013-2014 2014-2015 2015-2016
Source: National Institute of Educational Planning & Administration, New Delhi

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