Axom Sarba Siksha Abhiyan Mission Children's Rights to Education Special reference to Children from Tea Plantations of Assam Aruna Rajoria, IAS Mission Director Axom Sarba Siksha Abhiyan Mission

Right of Children to Free and Compulsory Education Act (RTE) , 2009

What RTE implies…… Right to education for all Children means The Right of Children to Free and Compulsory Education Act, 2009 was passed on the 26th August, 2009 and the Act was notified for enforcement from 1st April, 2010. In Assam, the State RTE Rules were notified on 11th July, 2011. RTE Act. Assures – Right to Free and Compulsory education to every child in the age group of 6 to 14 years until completion of elementary education in a neighborhood school Special Provision under RTE : Sec 4 of the RTE Act also says if a child could not complete his or her elementary education between 6 to 14 years of age, then he or she shall be admitted in a class appropriate to his or her age. . Right to education for all Children means QUALITY, EQUALITY AND NO DISCRIMINATION

What means Free as per RTE ? Free normally means non-payment of fees. Under Sec. 3 (2) it also include textbooks, uniforms, copies or writing materials, transportation, educational and support materials for disabled children such as hearing aids, spectacles, crutches, Braille books etc.

The RTE : Child Right No capitation fee : No school or person shall, while admitting a child, collect any caption fee (Sec 13) Free & easy admission: No child shall be denied admission in a school for lack of age proof. (Sec14) No Board Examination: No Child shall be required to pass any Board examination until completion of elementary education No Child shall be held back in any class or expelled from school till the completion of elementary education. (Sec 16) No Child shall be subjected to physical punishment or mental harassment. (Sec 17) Every Child completing his elementary education shall be awarded a certificate, in such form and in such manner as prescribed in the State Rules. Provide Special Training facility for children directly admitted in a class appropriate to his or her age

Overall Scenario of Schools & Coverage of Children in TG Area in Assam   School Category Schools Teacher Enrolment PTR TG Managed Schools (LP Only) 428 1,188 57,015 48 LP Govt./Prov. 1,784 4,856 1,43,970 30 UP Govt./Prov. 199 1,312 31,164 24 Total : 2,411 7,356 2,32,149 Status of OoSC & Drop Out in Tea Garden areas in the State: State Tea/Ex tea % of Out of School Children 1.91% 2.84% % of Drop Out Children in LP 15.4% 23.3% % of Drop Out Children in UP 10.5% 34.6% Source: DISE 2015-16

Major Activities Conducted so far….. Free Text Books & other learning materials Kasurba Gandhi Balika Vidayalaya for Girls Infrastructural facilities like New School Building , Additional Classroom, toilet Provision of Infrastructure & Maintenance Grants Special Training for OoSC Special Drive & Awareness Programme Support to Children with Special Need(CWSN) Free Uniforms & Mid Day Meal Monitoring and onsite support Orientation on RTE to TG Management & Teachers of TGMS Opening of new Schools Library Grants Engagement of TET qualified teachers Training of Teachers Bridge Material to meet up learning gap INJHAR

Comparative analysis of RTE and PLA Under RTE, 2009 and State Rule 2011 : Ensure availability of a neighborhood school within the area or limits of neighborhood as prescribed in the State Rules (1Km for LP & 3KM for UP). The age group of children of LP cycle is 6 to11 years(at least 20 children, having atleast 200 population in the habitation) and UP is 11 to 14 years(not less than 45 children, having atleast 500 population in the catchment area) as per Office Memorandum of Govt. of Assam. An arrangement for securing the school building by boundary wall or fencing. Under PLA, 1951 and State Rule, 1956 : Employer provide and maintain a primary school within a distance of one mile from the place where workers reside in the plantation . Every employer shall provide and maintain a primary school for worker’s children between age of 6 to 12 (Exceed 25 in numbers). As per PLA the school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Education Department

Comparative analysis of RTE and PLA Under RTE, 2009 and State Rule 2011 : One classroom for every teacher and an official-cum –store –cum-Head teacher’s room; Separate toilets for boys and girls; Safe and adequate drinking water facility to all children; A kitchen where mid-day meal is cooked in the school There shall be one library in every school Play materials, games and sports equipment shall be provided to each school. Under PLA, 1951 and State Rule, 1956 : No provision in PLA Where adequate space is available, an open air playground with suitable accessories shall also be provided for the children attending the school

Comparative analysis of RTE and PLA Under RTE, 2009 and State Rule 2011 : Provide training facilities for teachers. Ensure that the Child belonging to weaker section and the child belonging to disadvantaged group are not discriminated Ensure timely prescribing of curriculum and courses of study for elementary education; Under PLA, 1951 and State Rule, 1956 No provision in PLA The Curriculum duration, standard and syllabus of the course of instruction to be imparted in the Primary School shall be such as may be approved by the State Education Department.

Comparative analysis of RTE and PLA Under RTE, 2009 and State Rule 2011 : Teaching –learning equipment shall be provided to each school 200 hours working days for class I to V & 220 working days for Class VI to VII Under PLA, 1951 and State Rule, 1956 : The employer or employers as the case may be shall provide for every primary school maintained Under Rule 53 Such educational and other equipment as may be considered necessary by the State Education Department No provision in PLA

Comparative analysis of RTE and PLA Under RTE, 2009 and State Rule 2011 : At least one teacher for every 30 children for class I to V, at least one teacher for every 35 children for Upper Primary schools Maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as prescribed in the State Rules Ensure admission of children of migrant families Monitor functioning of schools within its Jurisdiction Decide the academic calendar Under PLA, 1951 and State Rule, 1956 : As per PLA at least one teacher for every 4o children No provision in PLA

Comparative analysis of RTE and PLA Minimum Academic and Professional Qualification, RTE Primary (I-V ) School Senior Secondary (or its equivalent) with at least 50 per cent marks and 2- years Diploma in Elementary Education Upper Primary (Class VI -VIII) School B.A. / B.Sc. and 2- years Diploma in Elementary Education B.A. / B.Sc. With at least 50 per cent marks and 1-year Bachelor in Education (B.Ed.) In Both Cases candidate shall qualify teacher eligibility Test (TET) to be conducted by the appropriate government in accordance with the guidance framed by the NCTE for the purpose. Minimum Academic and Professional Qualification, PLA PLA says teacher shall possess the qualifications prescribed by the State Education Department for teachers in Government Primary Schools No provision in PLA

Issues & Challenges in Ensuring the Implementation of RTE Act in Tea Plantations of Assam.

Action Initiated/Action to be taken Issues & Challenges Issues Challenges Action Initiated/Action to be taken Lack of Upper Primary School in TG areas. Lack of provision for opening of Upper Primary Schools under PLA. Drop out of children at UP level. Up gradation of lower primary schools to upper primary schools where required. Lack of qualified Teachers in TGMS Not at par with NCTE & State norm. Quality is adversely affected. TGMS should engage teachers as per NCTE & State norms. NCTE & State norm is maintained in case of GOVT./Prov. Schools of TG areas also. Untrained Teachers Major barrier in ensuring quality education. TG Management may approach education department for technical support of organizing teachers training for teachers. Phase wise training has been organized for untrained teachers of GOVT./Prov. Schools of TG areas also.

Action Initiated/Action to be taken Issues & Challenges Issues Challenges Action Initiated/Action to be taken Insufficient Teachers in TGMS PTR norm is not maintained in TGMS. Accountable to TG management rather than school as they are the employee of the Company & are assigned various tasks. Quality is adversely affected Poor attendance ,dropout of children etc. TG Management should maintaining PTR Norm and Teachers should be exempted from other TG management work during school hours in TGMS. PTR norm is maintained in case of GOVT./Prov. Schools of TG areas also. Inconvenient School Timing Lack of monitoring of arrival of children in school after parents leave for their work. Poor attendance and drop out of TG children. School timing may be changed for TG areas. Proposal has already been submitted to the Govt. in this regard. Difference between Home-language and medium of instruction Gap in learning Poor attendance and drop out Govt. may take initiatives for extension of existing bridge materials or development of other bridge materials in this regard.

Action Initiated/Action to be taken Issues & Challenges Issues Challenges Action Initiated/Action to be taken Lack of infrastructure in TGMS Poor Infrastructural facility specially toilets, drinking water and power supply. Lack of sufficient classrooms. Lack of basic infrastructure like desk/ bench, filter, library etc. in most of the TG Managed Schools Lack of CWSN friendly infrastructure . TGM must ensure minimum basic infrastructure in TGMS. They may approach other departments like Department of Tea Tribe, PHE, P&RD etc. in this regard. In case of Govt ./Prov schools it has been ensured the availability of infrastructure facilities. Lack of Sanitation Lack of separate toilets for Girls & Boys in some TG managed School. Poor maintenance of toilets . Lack of awareness among teachers and students. Separate toilets for boys & girls should be constructed in TGMS by the Management or they may approach other departments like PHE , P&RD , PSU etc . for the same. State has taken various initiatives to maintain cleanliness of toilets, school campus for Govt./Prov schools.

Action Initiated/Action to be taken Issue & Challenges Issues Challenges Action Initiated/Action to be taken Monitoring and support by field functionaries Lack of monitoring from all levels in TGMS Poor quality of Teaching –Learning . TGM should engage welfare officer for regular monitoring of functioning of schools, proper implementation of MDM scheme etc & to ensure coordination between Management & School. They may take help of concerned CRCCs of that area in this regard. In case of Govt./Prov schools, CRCCS have been engaged for monitoring of school functioning. Poor functioning of School Management Committee (SMC) SMC to be strengthened for monitoring the school activities. Lack of equal participation of all section of the community like members from parents, women , weaker sections etc. in the SMC of TGMS. SMC may be formed in the light of RTE in TGMS & TGM must ensure the active participation of SMC in school functioning.

Let’s join hands, speak up and act To ensure EVERY child’s Right to Education Thank You.